RULE 110

PROSECUTION OF OFFENSES
 Criminal Action Criminal Prosecution
HOW INSTITUTED
Instituted once a Complaint has been filed in the Instituted once the Information is
proper office or court as the case may be. filed by the Prosecutor in court

EFFECT OF INSTITUTION

Generally bars the running of the prescriptive No such effect.

period of the offense.

Criminal Action is one by which the State prosecutes a person for an act or
omission punishable by law. (ROC, Rule 1, Sec. 3, par b)
INSTITUTION OF CRIMINAL ACTIONS:

For offenses where a P.I. is required pursuant to

R112, Sec.1: By filing the complaint with the “proper
officer” for the purpose of conducting the requisite
P.I.

For all other offenses: By filing a complaint or

Information directly with the MTC or the Complaint
with the office of the Prosecutor
General Rule:

The filing of the complaint with the Prosecutor’s office

already tolls the running of the prescriptive period even if
the offense is for violation of a special law.

“proceedings” in Sec.2 of Act No. 3326 by which

prescription is interrupted should be deemed to refer to
proceedings judicial or executive in character.
Exception:

 Ordinances
 Rules on Summary Procedure

The running of the prescriptive period shall be

tolled on the date the case is actually filed in
court and not on any date before that.
 Common requisites as to form of Complaint or
Information:

In writing;
In the name of the People of the Philippines; and
Against all persons who appear to be responsible for the
offense involved.
 Requisites of a Complaint:

 It must be Subscribed by the offended party, by any

peace officer or public officer charged with the
enforcement of the law violated;

 It must Charge a person with an offense;

 It must be under Oath and in Writing;

 It must be in the name of the People of the Philippines.

 Requisites of an Information:

 It must be in Writing;

 It must Charge a person with an offense;

 It must be Subscribed by the Prosecutor; and

 It must be Filed in court.

 Complaint Information
SUBSCRIPTION
Subscribed by the Prosecutor.
Subscribed by the: 1. Offended party; 2.
Peace Officer; or 3. Other Officer charged
with the enforcement of the law violated.

WHERE FILED
Either in court or in the Prosecutor’s Court
Office

NECESSITY OF OATH
Must be made under oath Need not be made under oath. The
fiscal who files it is already acting
under his oath of office.

SCOPE
Usually refers to felonies which cannot Usually refers to public crimes
be prosecuted de officio
General Rule:

All criminal actions commenced by a

Complaint or Information shall be prosecuted
under the direction and control of the Prosecutor.

Exception:

Private prosecutor may be allowed to do so

under the following conditions:
Conditions for a Private Prosecutor to Prosecute a Criminal Action:
 The public prosecutor has a Heavy work schedule, or there is
no public prosecutor assigned in the province or city;

The private prosecutor is Authorized in writing by the Chief

of the Prosecutor Office or the Regional State Prosecutor;

The authority of the private prosecutor must be Approved by the court;

The private prosecutor shall Continue to prosecute the case up to the end of the
trial UNLESS the authority is withdrawn or otherwise revoked;

In case of the Withdrawal or revocation of the authority of the private

prosecutor, the same must be approved by the court.
Private Crimes

Those which cannot be prosecuted except upon

Complaint filed by the offended party.

Prosecution in the RTC is always commenced

by Information, except:

1. In certain crimes against Chastity (e.g. Concubinage,

Adultery, Seduction, Abduction, Acts of Lasciviousness);
and
2. Defamations imputing any of the aforesaid offenses
wherein a sworn written complaint is required.
Who may prosecute?

1. Concubinage and Adultery

2.Seduction, Abduction, and Acts of Lasciviousness

3.Defamation imputing to a person any of the

foregoing crimes
 Pardon Consent
SUBJECT MATTER
Refers to past acts Refers to future acts
EXTINGUISHMENT OF LIABILITY
It must be extended to BOTH offenders It is sufficient even if granted only to
the offending spouse

WHEN GIVEN
After the commission of the crime but BEFORE the commission of the crime
BEFORE the institution of criminal
action

IN ADULTERY AND CONCUBINAGE

Either express or implied Express only
IN SEDUCTION, ABDUCTION, AND ACTS OF LASCIVIOUSNESS
Offended party cannot give consent to
Must be expressly made
the crime
Contents of a Valid Complaint or Information

Name and surname of the accused, or any appellation or

nickname by which he is known or has been known;

The designation of the offense given by the statute;

The acts or omissions complained of as constituting an

offense;

The name of the offended party;

The approximate date of the commission of the offense; and

The place where the offense was committed

General Rule:

A defective Information CANNOT support a

judgment of conviction

Exception:

When the defect in the Information was cured by

evidence during trial and no objection appears to have
been raised.
Rules in Stating the Name of the Accused:

 The Complaint or Information must state the name

and surname of the accused or any appellation or
nickname by which he has been known or is known must be
stated;

If his name cannot be ascertained, a fictitious

name with a statement that his true name is unknown;

If his true name is thereafter ascertained, such name shall

be inserted in the Complaint or Information or record.
The Information or Complaint must state or designate the
following whenever possible:

• The designation of the offense given by the statute; if

there is no designation of the offense, reference shall be
made to the section or subsection of the statute punishing
it;

•The statement of acts or omissions constituting the

offense, in ordinary, concise, and particular words; and

•The specific qualifying and aggravating circumstances

must be stated in ordinary and concise language
 DESIGNATION OF THE OFFENSE

General Rule:

An accused cannot be convicted of an offense, UNLESS it is

clearly charged in the Complaint or Information.

Exception:

Accused’s failure to object is considered a waiver of the

constitutional right to be informed of the nature and cause of the
accusation.
Rule on Complex Crimes

the allegations contained therein do not

necessarily have to charge a complex crime as
defined by law. It is sufficient that the Information
contains allegations which show that one offense was a
necessary means to commit the other.
PLACE OF THE COMMISSION OF THE OFFENSE

General Rule:

The Complaint or Information is sufficient if it can be

understood from its allegations that the offense was committed
or some of its essential ingredients occurred at some place
within the jurisdiction of the court.

Exception:

Unless the particular place where it was committed

constitutes an essential element of the offense charged or is
necessary for its identification.
DATE OF THE COMMISSION OF THE OFFENSE

General Rule:

it is NOT necessary to state the precise date the offense

was committed, The offense may be alleged to have been
committed on a date as near as possible to the actual date of its
commission.

Exception:
When the date is a material ingredient of the offense
NAME OF THE OFFENDED PARTY:

If natural person:

•The Complaint or Information must state his name and

surname or any appellation or nickname by which he has been
or is known;

•If there is no way of identifying him, he must be described

under a fictitious name: or

•If it involves an offense against his property, if his name is

unknown, the property must be described with such
particularity as to properly identify the offense charged.
DUPLICITY OF OFFENSE

means the joinder of 2 or more separate and distinct

or different offense in 1 and the same Information or
Complaint

General Rule:

A Complaint or Information must charge only 1 offense

Exceptions:

• Complex crimes
• Special complex crimes
• Continuous crimes
• Crimes susceptible of being committed in various modes
• Crimes of which another offense is an ingredient
• When a single act violates different statues
AMENDMENT OR SUBSTITUTION

An amendment refers to a change in either the

form or substance of the same offense in the
Information.

KINDS OF AMENDMENT:

• Formal
• Substantial
FORMAL AMENDMENT

does not charge another offense different from that charged in

the original one; or do not alter the prosecution’s theory of the case
so as to cause the surprise to the accused and affect the form of
defense he has or will assume are considered merely as formal
amendments.

SUBSTANTIAL AMENDMENT
consists of changing the recital of facts constituting the offense
charged and determinative of the jurisdiction of the court
RULES ON AMENDMENT
 Before the plea
GR:
Any amendment, formal or substantial,
before the accused enters his plea may
be done without leave of court.
XPN:
Any amendment before plea, which downgrades the nature
of the offense charged OR excludes any accused from the
Complaint or Information can be made only:
- upon motion by the Prosecutor
- with notice to the offended party
- with leave of court.
 After the plea

covers only formal amendment provided that:

- leave of court is obtained
- such amendment is NOT prejudicial to
the rights of the accused
SUBSTITUTION
If it appears at any time before judgment that
a mistake has been made in charging the proper offense,
the court shall dismiss the original Complaint or Information
upon the filing o a new one charging the proper offense,
provided the accused shall not be placed in double jeopardy.

Limitations:

• no judgment has yet been rendered;

• the accused cannot be convicted of the offense charged or of
any other offense necessarily included therein
• accused would not be placed in double jeopardy
PLACE WHERE THE ACTION IS TO BE INSTITUTED:

Venue is jurisdictional. It is an essential element

of jurisdiction in criminal cases. It determines not only
the place where the criminal action is to be instituted,
but also the court that has the jurisdiction to try and hear
the case.
General Rule

Subject to existing laws, in all criminal prosecutions,

the action must be instituted and tried in the courts of the
municipality or territory where the offense was committed
or any of its essential ingredients occurred. (Principle of
Territoriality)
Exceptions:

 Felonies under Art. 2, RPC

Where an offense is committed on a railroad train, in an
aircraft, or in any other public or private vehicle in the course
of its trip
Where an offense is committed on board a vessel in the
course of its voyage
Piracy
Libel
In exceptional circumstances
In cases filed under B.P. Blg. 22
Where the case is cognizable by the Sandiganbayan
In illegal recruitment cases
INTERVENTION OF THE OFFENDED PARTY IN CRIMINAL
ACTION

General Rule

The offended party has the right to intervene by

counsel in the prosecution of the criminal action, where the civil
action for recovery of civil liability is instituted in the criminal
action pursuant to Rule 111.
Exceptions

 where from the nature of the crime and law defining

and punishing it, no civil liability arises in favor of the
offended party;

 where the offended party has waived his right to

civil indemnity;

 where the offended party has expressly reserved his

right to institute a separate civil action; or

 where the offended party has already instituted said

action
 RULE 111
Prosecution of Civil Actions
INSTITUTION OF CRIMINAL AND CIVIL ACTIONS

General Rule:

When a criminal action is instituted, the civil

action for the recovery of civil liability arising from the
offense shall be deemed instituted with the criminal
action.
Exceptions

 when the offended party waives the civil

action;

 when the offended party reserves his right to

institute a separate civil action;

 when the offended party institutes a civil

action prior to the criminal action.
Reservation to file the civil action separately
shall not be allowed:

• B.P. Blg. 22 cases

•Cases cognizable by the Sandiganbayan
•Tax cases
Compromise on Civil Aspect:
The offended party may compromise the
civil aspect of a crime, PROVIDED that it must be
entered before or during the litigation, and not
after final judgment. A compromise on the civil
aspect is valid if turns out to be unsatisfactorily
either to one or both of the parties.
 WHEN SEPARATE CIVIL ACTION IS
SUSPENDED

After filing of criminal action-

reserved civil action CANNOT be prosecuted
until final judgment has been rendered in
the criminal action
Before filing of criminal action-
pending civil action shall be SUSPENDED in
whatever stage may be found until final
judgment in the criminal action has been
rendered.
Exceptions:

 independent civil actions based upon

Articles 32, 33, 37, and 2176 of the NCC;

 actions which presents prejudicial question;

 where civil action is consolidated with the

criminal action; and

 where the civil action is not one intended to

enforce the civil liability arising from the
offense.
Extinction of the penal action does not carry
with it the extinction of the civil action,
UNLESS the extinction proceeds from a
declaration in a final judgment that the fact
from which the civil liability might arise did not
exist.
 CONSEQUENCES of the INDEPENDENT
CHARACTER of ACTIONS under ARTS. 32, 33,
34, 2176:

 the right to bring such action shall proceed

independently of the criminal action and regardless of
the results of the latter (ART. 31, NCC);

 quantum of evidence required is only preponderance

of evidence

 need not be reserved in the criminal action

 CONSEQUENCES of the INDEPENDENT
CHARACTER of ACTIONS under ARTS. 32, 33, 34,
2176:
 waiver of the right to file a separate civil action arising from the
crime charged does not extinguish the right to bring an independent
action

 double recovery is not allowed

 even if a civil action is filed separately, the ex delicto civil liability in

the criminal prosecution remains, and the offended party may-
subject to the control of the Prosecutor- still intervene in the criminal
action, in order to protect the remaining civil interest therein.
EFFECT OF DEATH ON CIVIL ACTIONS

 If the accused DIES BEFORE ARRAIGNMENT:

case shall be dismissed without prejudice to any
civil action against the estate of the accused

 If accused DIES AFTER ARRAIGNMENT and DURING THE

PENDENCY OF CRIMINAL ACTION:
civil liability ex delicto shall be extinguished
EFFECT OF DEATH ON CIVIL ACTIONS

 If the accused DIES DURING APPEAL:

his civil and criminal liabilities are extinguished

 If accused DIES AFTER FINAL JUDGMENT:

pecuniary liabilities shall be filed against the estate
of the accused under Rule 86, ROC
The judgment in civil actions based on
Articles 32, 33, 34 and 2176 absolving
the defendant from civil liability does
not bar the criminal action.
A petition for suspension of the
criminal action by reason of prejudicial
question in a civil action may be filed in
the Office of the Prosecutor or the
court conducting the preliminary
investigation.
Prejudicial Question

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 of a Prejudicial Question

 the civil action must be instituted prior to the

criminal action

 the civil action involved an issue similar or

intimately related to the issue raised in the
subsequent criminal action;

 the resolution of such issue determines whether or

not the criminal action may proceed
 TEST to DETERMINE the EXISTENCE of a
PREJUDICIAL QUESTION

it must appear that the civil case does NOT

only involve the same facts upon which the criminal
prosecution is based but also that the resolution of
the issues raised in said civil action would necessary
be determinative of the guilt or innocence of the
accused.