RULE 110
PROSECUTION OF OFFENSES
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SECTION
TITLE
RULE
EXCEPTION
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INSTITUTION OF CRIMINAL ACTION
I. Offenses where: Preliminary Investigation is required Complaint / Information is to be filed before a proper officer Purpose: To Conduct the required Preliminary Investigation II. All Other Offenses: Complaint/Information Complaint/Information is to be filed directly with MTC & MCTC or the complaint with office of the Prosecutor. III. Manila / Other Chartered Cities Complaint shall be filed with the Office of the Prosecutor.
III. Unless otherwise provided in their charters.
The institution of Criminal Action offense charge
*Unless otherwise provided in special law
Interrupts
the period of prescription of t he
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THE COMPLAINT OR INFORMATION
Must be in writing: In the Name of the People of the Philippines Against all persons who appear to be responsible for the offense involved.
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COMPLAINT DEFINED
Complaint Sworn written statement charging a person with an offense charged with the enforcement of the law violated. Subscribed by Offended party, any peace officer, or other public officer.
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INFORMATION DEFINED
Info rmation Accusation in writing charging a person with an offense: Subscribed by Prosecutor, and filed with the court.
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WHO MUST PROSECUTE CRIMINAL ACTIONS
I. All I. All criminal actions commenced by a complaint or information shall be prosecuted under under the direction and control of the Prosecutor. II. Heavy Work Schedule Private prosecutor may be authorized authorized to prosecute the case subject to the approval of the court and in writing by the Chief of the Prosecution Office or the Regional State Prosecution. III. Crimes of Adultery Shall not be prosecuted Complaint must be filed by the offended spouse IV. Seduction, Abduction and Acts of Lasciviousness Shall not be prosecuted Minors – has the right to initiate the prosecution independently of his parents or guardians guardians unless he / she is incompetent or incapable of doing so. But in case that MINORS have failed to file a complaint, the parents or guardians may file the same
Complaint must be filed by offended party or her parents, grandparent or guardian but if the offended party became incapacitated or dies and no known parents or guardian, the State shall initiate the action in her behalf.
All the imputations above cannot be used to file a criminal action for defamation 6
SUFFICIENCY OF COMPLAINT OR INFORMATION
Elements of a Complaint or Information: 1. Name of the Accused 2. The designation of the offense given by the statute 3. The acts or ommissions complained of as constituting the offense 4. The name of the offended party 5. The approximate date of the commission of the offense 6. The place where the offense was committed. All of the accused involved in the commission of the crime shall be included in the complaint or information.
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I. NAME OF THE ACCUSED
The Complaint or Informati on must: State the name and surname of the accused. Any appellation or nickname by which he has been or is known. Name cannot be ascertained? Accused must be described under a fictitious name emphasizing that his true name is unknown. Name of the accused was thereafter made known in the course of the trial, it can be inserted in the complaint or information or record at any time.
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II. DESIGNATION OF THE OFFENSE
The complaint or Information shall state: Designation of the offense given by the statute Aver the acts or omission constituting the offense Specify its qualifying or aggravating circumstances.
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III. CAUSE OF THE ACCUSATION
The following must be stated in concise and simplified terms sufficient to be understood by an ordinary mind to know what offense if being charged and for the pronouncement of judgment.
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IV. PLACE OF THE COMMISSION OF THE OFFENSE V. DATE OF THE COMMISSION OF THE OFFENSE
No Designation of the offense, reference shall be made to the statute.
Acts complained of constituting the offense Qualifying Circumstances Aggravating Circumstances
Sufficient is a complaint or information if essential ingredients of the offense occurred at some place within the jurisdiction of the court. It is not necessary to state the precise date of the offense when it was committed.
Necessary if the date of the commission of the offense is a material ingredient of the offense.
It is enough that the date be alleged to have been committed near as possible to the actual date. 12.
VI. NAME OF THE OFFENDED PARTY
Name and Surname of the offended party. Any appellation or Nickname for which he is known.
Otherwise, if no identification the accused must be described under a fictitious name. Offenses against property
with particularity. The true identification of the accused made known in the course of the trial, EXCEPTION shall be inserted to the complaint, information or record. The offended party waives the civil action c. Juridical persons Reserves the right to institute it separately It is sufficient to state its name Institutes the civil action prior to criminal action Any name or designation it is known b.
SECTION
TITLE
RULE
1
INSTITUTION OF CRIMINAL AND CIVIL ACTION
I. Civil action for the recovery of the Civil Liability is deemed instituted with criminal action.
13.
DUPLICITY OF THE OFFENSE
Must charge only with 1 offense.
When law prescribe single punishment for various offenses.
14.
AMENDMENT OF SUSTITUTION
Before the accused enter his plea Amendment can be made anytime without leave of court.
Amendments made by the Prosecutor with leave of court and notice to the offended party: a. Downgrades the nature of the offense b. Excludes any accuse from the complaint or information
After plea and during the trial Amendment can only be made with leave of court or when it can be done without prejudice to the rights of the accused. Mistake in charging of the proper offense Original complaint must be dismissed and file a new one with proper offense in accordance of Sec 19 Rule 119 provided that the accused will not be placed in double jeopardy. 15.
Place where action is to be instituted
a. General Rule At the court or municipality or territory where the offense was committed / when its essential ingredients occurred.
b. Offense committed in a train, an aircraft, or other public or private vehicle in the course of its trip At the court of any municipality or territory where the vehicle passed, including the place of departure and arrival. c. Offense committed on board a vessel in the course of its voyage. At the court of the first port of entry or of any municipality or territory the vessel passed subject to the generally accepted principles of international law. d. Crimes committed outside the Philippines but punishable under Art 2 of RPC. Cognizable by the court where the criminal action is first filed.
16.
RULE 111
INTERVENTIO N OF THE OFFENDED PARTY IN CRIMINAL ACTION
PROSECUTION OF OFFENSES
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Civil actions of civil liability instituted in the criminal action, the offended party may intervene by counsel in the prosecution of the offense.
Except as otherwise provided, no filing feels shall be required for actual damages.
Ia. Reservation of the right to institute civil action separately. Shall be made before the prosecution starts presenting its evidence. Under the circumstance affording the offended party a reasonable opportunity to make such reservation.
Ib. Awarding Damages 1. Without specifying the amount in the complaint for Civil action for the recovery of civil liability by way of Moral, Nominal, Temperate, or Exemplary Damages. Filing fees shall constitute a first lien on the judgment for the awarding of damages.
2. Amount for Damages Specified Filing fees shall be paid by the offended party in the court.
Ic. No counterclaim, cross-claim or third party complaint may be filed by the accused in the criminal case. Any cause of action may be litigated in a separate civil action. II. BP22
Civil action is deemed instituted with the criminal action. No reservation allowed Joint Criminal and Civil Action Offended party shall pay its filing fee corresponding to the check involved considered as actual damages claimed. Damages (Liquidated, moral, nominal, temperate or exemplary) Offended party shall pay its filing fee based on the amount alleged. No Amount alleged / specified the filing fees based on the amount awarded shall constitute a first lien on the judgment.
III. Civil Action when filed separately provided that it has not commence yet its trial, may be consolidated with the criminal action. 2.
WHEN SEPARATE CIVIL ACTION IS SUSPENDED
When criminal action has been commenced The separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.
When the criminal action is filed after the said civil action has already been instituted.
whatever stage before the judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action.
Prescription Period for Civil Action when tried and heard jointly with the Criminal Action The prescriptive period shall be tolled.
Extinction of Penal Action does not carry with the Extinction of Civil Action 3.
WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY
4.
EFFECT OF DEATH ON CIVIL ACTIONS
The Offended party may brought a separate civil action. Such separate civil action may proceed independently and requires only a preponderance of evidence. The offended party cannot recover damage twice for the same act or omission in the criminal action.
Death after arraignment or during the pendency of the Criminal Action Extinguishment of Civil Liability in the event that it was instituted with the criminal action
In the event that Civil Action was instituted separately, it may still continue and be charged against the estate or legal representative of the accused after proper substitution. The heirs may be substituted for the deceased without requiring the appointment of an executor or administrator Minor heirs the court may appoint a guardian ad litem for the minor heirs.
*ad litem - appointed to act in a lawsuit on behalf of a child or other person who is not considered capable of representing themselves.
Death before arraignment Case dismissed but a separate civil action can be filed against the estate of the deceased. If defendant was absolved from civil liability, it is not a bar to the criminal action to proceed.
5. 6.
JUDGMENT IN CIVIL ACTION NOT A BAR SUSPENSION BY REASON OF PREJUDICIAL
Substitutes / Representatives are required to appear before the court and be substituted within 30 days from notice.
Civil Action based on Delict may be deemed extinguished if the final judgment on Criminal action that such acts or omissions from which a civil l iability may arise did not exist.
