CRIMINAL PROCEDURE Criminal Procedure- method prescribed by law for the apprehension and prosecution of persons accused on any

criminal offense, and for their punishment and conviction - describes the network of laws and rules which governs the procedural administration of criminal justice Concerned with the aspects of: a) criminal case passes b) commencing of the initial investigation of a crime c) concluding with the unconditional release of the offender Sources of Criminal Procedure 1) Rules of Court 2) 1987 Constitution 3) Various acts passed by the legislature (B.P. 129) 4) Presidential Decrees 5) Administrative Circular and decisions of the Supreme Court CRIMINAL LAW Substantive Defines crimes, treats of their nature, and provides for punishment Declares what acts are punishable CRIMINAL PROCEDURE Remedial/procedural/adjective Provides for the method by which a person accused of the crime is arrested, tried and punished How the act is punished

Systems of Criminal Procedure I. Inquisitorial System - prosecution decided by the officer of court - no requirement for the accused to be present II. Accusatorial System - all crimes must be prosecuted by the public except in private offenses - accused has the right to be: o present in all proceedings o be heard personally or through counsel o public trial o right against self-incrimination III. Mixed System - commixture of System I and II - said to be practiced here in the Philippines Illustrations: Accusatorial System - hears both parties impartially and renders judgment only after trial (Queto vs Catolico) Inquisitorial - when the judge personally examines the grounds for a warrant of arrest Construction of Rules - be liberally construed in order to promote their objective of securing a just, speedy, and inexpensive disposition of every action and proceeding - liberally construed enough to protect the substantial rights of the accused

Alonzo vs Villamor - Rules of Court should not be interpreted to sacrifice the substantial rights of a litigant at the altar of technicalities to the consequent impairment of the sacred principles of justice Jurisdiction - fundamentally the power or the capacity given by the law to a court or tribunal to entertain, hear and determine a cause - not only the power expressly conferred by law but all such power as may be necessary for the full exercise and enjoyment of that expressly converred - it is vested to the Courts - question of jurisdiction is a matter of substantive law Application on Criminal Procedure: - the power of the tribunal to hear and try a particular offense and impose the punishment for it - if no complaint or information is filed the court has no power to try and convict or acquit a person for a crime committed within its territory Venue of Action - particular country, or geographical area in which a court with jurisdiction may hear and determine a case CIVIL CASE - venue can be waived or be the subject of an agreement CRIMINAL CASES - venue cannot be waived or sitpulated

Macasaet vs People - place where the crime was committed determines not only the venue of the action but is an essential element of jurisdiction Change of Venue - judicial power of the Supreme Court - ensures the safety of the witnesses - those working abroad for the Philippine government 1) Below grade 27 salary of government officials and employees 2) Whenever the interest of justice and truth so demands 3) Serious and weighty reasons to believe that a trial by the court that originally has jurisdiction over the case would not result in a fair and impartial trial and lead to miscarriage of justice (People vs Gutierrez) Acquisition of Jurisdiction (1) Jurisdiction over the SUBJECT MATTER or OFFENSE offense is one which court is by law authorized to take cognizance of nature and cause of action and of the relief sought determined by the facts alleged in the complaint and not by the qualification of the crime mad in the title of the complaint conferred by the sovereign authority which organizes the court sought for in the general nature of the sovereign power or authority power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers based on:

o o

facts punishment

(2) Jurisdiction over the TERRITORY - offense must have been committed within its territorial jurisdiction - fundamental principle that the criminal action shall be instituted and tried in the court of the municipality or province wherein the offense was committed or where any of it essential ingredients took place Practical Reason: seeks to preclude harassment of the defendant and to save him from the inconvenience and expense of depending himself somewhere else Determination: by the allegations in the information as to the suits of the crime Exceptions to the Territoriality Principle

(1) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential ingredients occurred. (Sec 15)

(2) Where an offense is committed in a train, aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival. (Sec 15)

(3) Where an offense is committed on board a vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (Sec 15)

(4) Crimes committed outside the Philippines but punishable under Article 2 of the Revised
Penal Code shall be cognizable by the court where the criminal action is first filed. (Sec 15) a. Should commit an offense while on Philippine ship or airship b. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands c. Should be liable for acts connected with the introduction into these Islands of the obligations and securities in the preceding article d. While being public officers or employees should commit an offense in the exercise of their functions e. Should commit any of the crimes against national security and the law of nations defined in Title One, Book Two of the Revised Penal Code

(5) Cases of Piracy- piracy is committed against all mankind

has no territorial limits (6) Cases of Defamation - instituted in any jurisdiction where the libelous article was published or circulated, irrespective where it was written or printed Republic Act No. 4363 1) Whether the offended party is a public officer or a private person, action shall be filed in the Regional Trial Court of the province where the libelous article is printed and first published 2) Offended party is a private individual, the action will be with the RTC of the province where he actually resided at the time of the commission of the offense

3) Offended party is a public officer, whose office in Manila at the time of the commission of the offense: RTC of Manila 4) Offended party is a public officer, office outside of Manila, RTC of the province or city where he holds office (7) In those cases where the Supreme Court in the interest of truth and impartial justice, transfers the place of trial form one place to another (3) Jurisdiction over the PERSON - the person charged with the offense must have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court - once he challenges the allegation and files a pleading he is voluntary submitting himself - by posting bail or motion to quash (except in questions of jurisdiction) Affirmative Relief - on top of what you asked, additional benefits for damages, generally due to inconvenience Rule of Summary Procedure - short circuit the process - submit evidence, pre-trial conference - presentation of affidavits and starts the cross-examination Bill of Particulars - what you file when you cannot understand what the complaint is about Criminal Jurisdictions of Courts A. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts a. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction b. Exclusive original jurisdiction over all offenses punishable with imprisonment of not exceeding six years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability, arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount

B. Regional Trial Court- exclusive original jurisdiction in all criminal cases not within the
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exclusive original jurisdiction of any court, tribunal or body penalty provided by law higher than 6 years includes government employees and officials below salary grade 27

C. Sandiganbayan "a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense: "(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; "(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads; "(c) Officials of the diplomatic service occupying the position of consul and higher; "(d) Philippine army and air force colonels, naval captains, and all officers of higher rank; "(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher; "(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; "(g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations; "(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989; "(3) Members of the judiciary without prejudice to the provisions of the Constitution; "(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and "(5) All other national and local officials classified as Grade'27'and higher under the Compensation and Position Classification Act of 1989. "b. Other offenses orfelonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office. "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. "In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended. "The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction orof their appellate jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court. The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. "In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them. "Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided, however, That where the civil action had therefore been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned."

D. Court of Appeals a. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction b. Exclusive original jurisdiction over the annulment of judgments of the RTC c. Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTC and quasi-judicial agencies, instrumentalities, boards, or commissions except those falling within the appellate jurisdiction of the Supreme Court E. Supreme Court The Supreme Court shall have the following powers: 1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is involved. Note: If it is later discovered that the punishment for alleged complaint is lower than that of the jurisdiction of a court, the court may still impose a lesser penalty; but if the penalty is higher than that of the jurisdiction of the court, it cannot impose a penalty higher than its jurisdiction as conferred by law RULE 110 PROSECUTION OF OFFENSES Institution of criminal actions.Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws, Present Procedure 1) filing the corresponding complaint with the proper officer for purposes of preliminary investigation 2) one who has been arrested, does not require preliminary investigation 3) filing of a criminal complaint interrupts the period of prescription unless provided by special laws Preliminary investigation is required to be conducted before filing of such complaint where the penalty is prescribed by law at least 4 years, 2 months and 1 day In the MTC or the MTCC this may be filed directly with the office of the public prosecutor Manila and other chartered cities, filed with the office of prosecutor unless otherwise provided for

Proper Officer- officers authorized to conduct the requisite preliminary investigation - provincial or city prosecutors, their assistants, national and regional state prosecutors, and other officers as may be authorized by law Complaint and Information The complaint or informationThe complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.

Rationale: a crime is an outrage against the peace and security of the people at large Complainants interest: as to the civil aspect, the complaint or information should use his name against the accused Formal Accusation- essential condition precedent to a valid prosecution for a criminal offense - mandatory to be in writing - accusation must be against all persons responsible for the offense Complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. - lack of oath is not a defect because it does not affect substantial rights, not permissible to set aside a judgment for such defect - sworn written complaint is REQUIRED in cases which cannot be prosecuted de officio, private in nature or those cases which need to be endorsed by specific public officers o adultery o concubinage o seduction o abduction o acts of lasciviousness o defamation Persons authorized to file a complaint: a) offended party- person against whom or against whose property the crime was committed - it is personal to the private party b) peace officer- includes members of the constabulary, police officers, NBI and other law enforcement agents: PNP, Criminal Investigation Group, Presidential Anti Crime Commission c) public officer charged with the enforcement of the law violated- internal revenue agents of National Internal Revenue Code, Tariff and Customs Code agents Information an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court Authorized to file an information: a) city or provincial prosecutor and their assistants b) duly appointed special prosecutors c) lawyer appointed by the Secretary of Justice (absence of fiscal or under the Revised Administration Code) d) cognizable by the Sandiganbayan: control and supervision will be under the Office of the Ombudsman Discretion of Prosecutor - determination whether or not an information should be lodged with the court lies within the exclusive realm of the prosecutor - the moment he finds one to be so liable, it becomes his inescapable duty to charge him therewith and to prosecute him for the same; making it mandatory - cannot be controlled by mandamus o EXCEPTION- subject to judicial review Exceptions: criminal prosecution can be enjoined with writs 1. afford adequate protection to the constitutional rights of the accused

2. necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. prejudicial question is subjudice 4. acts of the officer are without or in excess of authority 5. prosecution is under an invalid law, ordinance or regulation 6. double jeopardy is clearly apparent 7. court had no jurisdiction over the offense 8. case of persecution rather than prosecution 9. charges are manifestly false and motivated by the lust of vengeance 10. clearly no prima facie case against the accused and a motion to quash on that has been denied 11. prevent the threatened lawful arrest of petitioners Complaint vs Information COMPLAINT may be signed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated Sworn to by the person signing it INFORMATION Always signed by the fiscal or an authorized prosecuting officer

Need not be under oath the reason thereof being principally that the prosecuting officer filing it is charged with the special duty in regard thereto and is acting under the special responsibility of his oath of office (US vs Dacquel) Filed with the fiscal or the court Always filed with the court *accused underwent preliminary investigation, the certification to that effect must be under oath

SECTION 5, RULE 110 Who must prosecute criminal actions.All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other

persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph. No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. (5a) The prosecution for violation of special laws shall be governed by the provisions thereof General Rule: criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the FISCAL *When the court steps in and takes control of the case, fiscal has no more control over it Controlled by a person other than the public prosecutor: - private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court - he may turn over the active conduct of the trial to a competent assistant or private prosecutor provided he does not relieve himself of the responsibility for the prosecution at every stage of the proceedings to the end, and to intervene at any time he sees fit - if there is the presence of the private prosecutor, the fiscal need not be present (approval by the court) Cases in the CA and SC: - authority granted to the Solicitor General o writ of error o petition for review o automatic appeal o special civil actions where the People of the Philippines is the party Right to Intervene: - principle of the maintenance of private penal action by the injured party o the declaration of the criminal liability carries with it the declaration of the resulting civil obligation o crimes which cannot be prosecuted other than at formal instance of the person injured - cannot intervene when the accused enters a plea of guilty before the commencement of the trial - said offended party waives his right to the civil action or expressly reserves his right to institute it after the termination of the criminal action - done personally or through counsel - done under the direct control and supervision of the fiscal - offended party may not appeal from an order of dismissal by the court entered upon motion of the fiscal - appeal may only done through the Solicitor General (acquittal) - as far as the civil aspect: motion for reconsideration of such dismissal or acquittal Prosecution of Private Crimes - cannot be prosecuted de oficio and requires that the criminal action be brought at the instance of and upon complaint expressly filed by the offended party - the offended parties merely acts as witnesses - although trial is done privately, it is still against the people of the Philippines; the reason is to protect the aggrieved party from a public scandal Private Crimes + Public Offense (Complex Crimes)

fiscal may initiate the proceedings de oficio public crime prevails over the private crime public interest is paramount

Prosecution of Adultery and Concubinage Requisites: 1) filed by the offended spouse 2) must include both guilty parties 3) should have not consented or pardoned the offenders Separate Trials: 1) when either of the parties requests it 2) when the government is satisfied that the man did not know the woman was married 3) when one of the parties had died before the trial 4) one of the parties has escaped jurisdiction and has not been arrested Prosecution of seduction, abduction, and acts of lasciviousness - filed by the offended party, her parents, grandparents or guardian - it must be a sworn complaint - amendment is prohibited except when it refers to the manner by which the offense was committed Sufficiency of Complaint (Sec 6- Sec 12) A. Name of the Accused - there must be specific identification of the person to whom the commission of an offense is being imputed - includes the name and surname of the accused or any appellation or nickname by which he has been or is known, description of the person under a fictitious name - all offenders must be named - an error is reversible as long as his identity is sufficiently established- curable at any stage - If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. B. Designation of the Offense - requires a clear specification of the offense charged - accused should be fully apprised of the true charges against him and thus avoid all and any possible surprise which might be detrimental to his rights and interests - it is enough that the facts are alleged and set out in such a manner as to enable a person of common understanding to know what is intended - describes the offense in the language of the statue (including elements of the offense) Example: In the Crime of Culpable Insolvency Elements: a) offender is a debtor b) obligations are due and demandable c) absconds his property with the intent to prejudice his creditors C. Cause of Accusation (acts or omissions complained of as constituting the offense) - The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute, but in terms sufficient to enable a person

of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. As guaranteed by the Constitution under the Bill of Rights There must be reasonable certainty In complex crimes, it is sufficient that the information contains allegations which state that one offense was a necessary means to commit the other Defendant cannot be convicted of an offense of which he has not been informed or for crime higher than that alleged in the information

Clarity of Allegations: 1) enable a person of common understanding to know what offense is intended to be charged 2) to enable the court to pronounce proper judgment Habitual Delinquency: 1) commission of the crimes 2) the last conviction or release 3) other pervious conviction or release of the accused D. Place of commission of the offense - offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification - placed must be pleaded with specificity E. Date of the Commission of the Offense - not necessary that it be set out with exact precision - should be alleged as having been committed at some time before the filing of the complaint or information - Examples: on or about, around - Crime was committed at any time within the period of the state of limitations and before or after the time stated in the complaint or indictment and before the commencement of the action - On a date as near as possible to the actual date of its commission Exception: when it is material ingredient to the offense e.g. infanticide- the child must be less than 3 days old F. Name of the Offended Party The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name. (a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged. - ownership must be alleged (b) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record. (c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (12a)

name of the offended party must be vested in the complaint with individuality either by naming him or alleging that his name is unknown

Duplicity of Offense - joinder of two or more distinct and separate offenses in the same count of an indictment or information - it charges two or more different offenses - one charge= one offense - exception: when the law provides a single punishment for various offenses Test of Duplicity - charge of two or more offenses must depend upon the facts alleged in the information Exceptions to the Duplicity Rule 1) Complex Crimes 2) Special Complex Crimes 3) Delito Continuado 4) Crimes Susceptible of being committed in various modes 5) Crimes of which another offense is an ingredient- Hernandez Case (rebellion)

SEC. 14. Amendment or substitution. Form- relates to the mode, form or style of expressing the facts involved, the choice or arrangement of words, and other such particulars, without affecting the substantial validity or sufficiency of the instrument or without going to the merits Substance- material or essential part of the pleading Formal Amendments (requisites): 1) new allegations that relate only to the range of penalty that the court might impose in the event of conviction 2) amendment that does not charge another offense different or distinct from that charged in the original one 3) additional allegations that do not alter the prosecutions theory of the case so as to cause surprise to the accused and affect the form of defense to be assumed 4) amendment that does not adversely affect any substantial right of the accused

Before Plea Without leave of court: amendment in substance and form Downgrades the offense charged or excludes any accused from the complaint or informationmotion by the prosecutor with notice to the offended party and with leave of court To Amend a Greater Offense into a Lesser One: 5) a motion to that effect shall be filed by the prosecution stating the reasons why there will be a downgrading of the nature of the offense charged or the exclusion of any of the accused 6) offended party must be furnished a copy of said motion

After Plea Respect to form with leave of court- done without causing prejudice to the rights of the accused

7) said motion must be favorably resolved by the court and copies of said order shall be furnished to all parites * court must state its reasons in resolving the motion and copies of its order Mistake in the complaint: firs complaint shall be dismissed and a new one shall be filed in compliance with Sec 19, rule119 - shall not be placed in double jeopardy - court may require witnesses to give bail for their appearance at the trial
Intervention of the offended party in criminal action.Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense

RULE 111 PROSECUTION OF CIVIL ACTION Institution of criminal and civil actions. Genera Rule: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. Exceptions:

1) offended waives the right to recover damages from the accusedvoluntary abandonment on the right or action

2) reserves his right to institute a separate civil action- save for some 3) 4) future time right to reserve must be done before the prosecution starts to present its evidence and under circumstance affording the offended party a reasonable opportunity to make such reservation court cannot reserve the right, it must be the offended party not authorized in actions regarding BP 22 (bouncing checks law) and RA 8249 (illegal possession of firearms) offended party loses his right to intervene in the prosecution of the criminal case exercising the right to maintain a private suit against the offender by instituting a civil action against him prior to the filing of the criminal case Independent Civil Action (Civil Code) 1. Art 32- breach of constitutional and other right 2. Art 33- defamation, fraud, physical injuries 3. Art 34- refusal or failure of city or municipal police to give protection 4. Art 2176- quasi-delict culpa aquiliana Rationale: a) individuals are given redress b) only preponderance of evidence is required c) adequate civil remedies

Filing fees- mandatory; serve as first lien on the judgment awarding such damages When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor shall constitute a first lien on the judgment awarding such damages. Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. Except as otherwise provided in these Rules, no filing fees shall be required for actual damages Rationale Behind such Rule 1) social injury produced by the criminal act 2) the personal injury caused to the victim of the crime which injury is sought to be compensated thru indemnity which is civil in nature - such indemnity is not part of the penalty Separation of Civil Action Suspension - criminal action takes precedence over the civil case - civil case must be suspended in whatever stage it may be found to await the result of the criminal case Exceptions: 1) Independent Civil Actions 2) Presence of a Prejudicial Question - may be pleaded during preliminary investigation or during the pendency of the trial - defined as one which arises in a case, the resolution of which is a logical antecedent of the issue involved therein and the cognizance of which pertains to another tribunal Elements: Previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action The resolution of such issue determines whether or not he criminal action may proceed 3) Civil Action is consolidated with the criminal action 4) Where the civil action is not one intended to enforce the civil liability arising from the offense (e.g. legal separation and concubinage) Acquittal is not a bar for Civil Action Exception: that the extinction of the criminal action proceeds from a declaration in the final judgment that the fact from which the civil action might arise did not exist (based on delicts) 1) acquitted based on reasonable doubt 2) court expressly declare that the liability of the accused is not criminal but only civil in nature 3) civil liability is not derived from or based on the criminal act of which the accused is acquitted Enforcement of subsidiary civil liability 1) existence of an employer-employee relationship 2) employer is engaged in any kind of industry 3) employee committed the offense in the discharge of his duties 4) insolvent and has not satisfied his civil liability * arises only after conviction of the employee in the criminal case Judgment in civil action not a bar.

A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action Effect of death on civil actions. The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased. If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased, (n)