RULE 110 Prosecution of Offenses I.

PROVISIONS AND NOTES SECTION 1: Institution of criminal actions Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required pursuant to section 1 and Rule, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses by filing a complaint or information directly with the municipal trial courts and municipal circuit trial courts, or the complaint with 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 criminal action shall interrupt the running of the period of prescription of the offenses charged unless otherwise provided in special laws. Source The present rule covers all offenses except those that may be provided in the charter of cities and other special laws. Modes of instituting criminal action.

1. By filing the criminal action either by complaint or

information for preliminary investigation or trial on the merit unless provided by special laws. 2. This true even if the court where the complaint or information is filed cannot try the case on merits. 3. Reason: The mistake of the prosecutor in filing a compliant should not operate to prejudice the interest of the state to prosecute criminal offenses. Note: This rule does not apply to violations of municipal ordinances and special laws. Institution vs. Commencement Institution By filing of complaint with the appropriate officer for preliminary investigation Commencement Upon filing of criminal action in court

1. May be commenced by any person presenting to a

court a complaint. Where complaint has been already presented, no other further pleading on the part of prosecutor is necessary 2. Commence by prosecutor by filing with the court an information (such information is the process which institutes the action and prosecution proceeds upon it as Peoples pleading) 3. When preliminary investigation is required (Section 1, Rule 112), criminal action must be instituted by first filing the corresponding complaint with the proper officer for purposes of preliminary investigation. Note: Preliminary investigation is required. Except where the accused is under arrest (penalty for the offense must at least be for Four years, two months and one day, without regard to the fine). 4. Where offense falls under the jurisdiction of the MTC, MCTC (penalty is less than 4 years, 2 months and 1 day), action may be instituted through a complaint or information filed directly with said courts or with the office of public prosecutor. Note: Exception: In manila and other chartered cities where action is ALWAYS commenced by a complaint filed in the officer of the prosecutor, unless the charter provided otherwise. Meaning of Proper Officer Refers to officers authorized to conduct the required to conduct the requisite preliminary investigation: 1. provincial or city prosecutors and their assistants 2. judges of the municipal trial courts, municipal circuit trial courts 3. national and regional state prosecutors 4. other officers authorized by the courts. Note: Their authority to conduct PI shall include all crimes cognizable by the proper curt in their respective jurisdiction Interruption of prescriptive period

SECTION 2: The complaint or information The complaint or information shall be in writing, in the name of the People of the Philippines against all persons who appear to be responsible for the offense involved. A. Necessity of formal accusation This requirement cannot be waived because no criminal proceeding can be brought or instituted until a formal charge is openly made against the accused by complaint or information. B. Form 1. Accusation must be in writing Vox emissa volat; litera scripta manet (the spoken word flies; written letter remains). 2. Accusation must be in the name of the people. Irrespective of the mode by which the criminal proceeding is to be commenced, the action must be under the name of the People, whose peace in legal theory has been breached. (a) Rationale: To prevent malicious or unfounded prosecutions by private individuals (Chua-Burce vs. CA). (b) However, a criminal action instituted in the name of the offended party or of a particular city, although erroneous, may not be quashed for the defect is merely in form (City of Manila vs. Rizal) which may be cured at any stage of the trial (Ngo Yao Tit vs. Sheriff of Manila) Note: If there is a mistake in jurisdiction, the private complainant, who has interest in the civil aspect of the case) may question jurisdiction. In doing so, the action should not be in the name of the People but in his name (Bernando vs. CA). 3. Accusation must be against all persons responsible for the offense This is demanded by the sound public policy, which would deprive prosecuting officers to use their discretion in order to shield relatives and friends. However, the matter of determining whether the evidence is sufficient to justify a reasonable belief that a person has committed an offense still lies in the prosecuting officer. Note: If for any reason the fiscal failed to include the name of one or more criminals in the information, such persons are not relieved of penal liability nor escape penal liability just because it develops in the course of the trial that there were other guilty participants in the crime

(People vs. Catli). Corollary rule: The exercise of judgment and discretion of prosecuting officer may not be controlled by mandamus (Gonzales vs. Serrano) for where the law demands that all persons who appear responsible for an offense shall be charged in the information, it also implies that those against whom no sufficient evidence exist are not to be included in the charge; and the determination of whether or not there is, as against any person, sufficient evidence of guilt to warrant his prosecution necessarily involves the exercise of discretion by the prosecuting officer. 4. Exceptions to the rule that fiscals cannot be compelled by mandamus (subject to judicial review in proper cases) Where from the evidence submitted and gathered by the prosecuting officer a person appearing responsible for the commission of an offense is not included in the information (de Castro vs. Castaneda) SECTION 3: Complaint defined Complaint is 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. A. Person authorized to file a complaint (exhaustive list) 1. The offended part (a) Definition: person against whom or against whose property the crime was committed. (b) Rationale: (1) in principle, the declaration of the criminal liability carries with it the declaration of the resulting civil obligation. (2) There are crimes which cannot be prosecuted other than at the formal instance of the person injured. (c) The right however, to file a criminal complaint is personal. It is abated upon complainants death and intransmissible to his heirs. 2. a peace officer Persons who are competent to file a criminal complaint (law enforcement, agents of NBI etc.) 3. a public officer charged with the enforcement of the law violated. Ex. Internal revenue agents, customs agents etc. B. Complaint may be filed with the court or the office of the fiscal. Unlike an information, a complaint need not necessarily be filed with the court and may therefore be laid before the City Fiscal for investigation. C. Lack of oath is not a fatal defect D. Filing of complaint does not require mediation of prosecutor. Thus, lack of mediation of prosecuting attorney is not a ground for dismissal of complaint (Trinidad vs. Jarabe) E. When complaint is not required. 1. When the offense is one which cannot be prosecuted de oficio (must be brought at the instance of and upon complain expressly filed by the offended party those enumerated in Title XI, Book II of RPC adultery, concubinage, seduction, abduction or acts of lasciviousness, including defamation). 2. when offense is private in nature 3. where it pertains those cases which need to be endorsed by specific public officers (ex. those concerning immigration that is under the exclusive jurisdiction of the Commission on Immigration).

Note: the right to commence criminal prosecution is confined to representatives of the government and persons injured; otherwise, it shall be dismissed. F. General rule: Criminal Prosecutions cannot be enjoined Public interest calls that writs of injunction or prohibition to restrain a criminal prosecution are generally not available Exceptions: when the writ is necessary: (a) For orderly administration of justice and to avoid multiplicity of suits (b) When there is a prejudicial question (c) To afford adequate protection to constitutional rights of the accused (d) Where the prosecution is under an invalid law, ordinance or regulation (e) When double jeopardy (f) Where court has no jurisdiction over the offense (g) Where it is a case of persecution rather than prosecution (h) Where the charges are manifestly false and motivated by the lust for vengeance (i) When there is clearly no prima facie case against the accused and a motion to quash on the ground has been denied. (j) When acts of officer are without or in excess of authority (k) To prevent the threatened unlawful arrest of petitioners. II. Juridical person cannot be impleaded in the accusation In cases of corporation, the officer through whim the corporation acts, answers criminally for his acts. SECTION 4: Information defined An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

B. Complaint vs. Information

Both are written accusation of the commission of a criminal offense. Difference: Complainant 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 Signed by the fiscal or an authorized prosecuting officer. Need not e under oath since the prosecuting officer filling it is charged with the special duty in regard thereto and is acting under the special responsibility of his oath of office. Always filed with the court.

May be filed either with the fiscals office or the court

Note: where the accused underwent preliminary investigation pursuant to Section 1(d) of PD 911, the certification must be under oath. An information not properly signed cannot be cured by silence or even express consent. C. Persons authorized to filed information 1. city or provincial prosecutor and their assistants 2. duly appointed special prosecutors

3. a lawyer appointed by the secretary of Justice (pursuant to Section 1696 of the Revised Administrative Code). SECTION 5: Who must prosecute criminal actions All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor, or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the prosecutor office or the Regional state Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. 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 not, 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, not, in any case, if the offender has been expressly pardoned by any of them. If the offended party denies 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 guardians, 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 guardians 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. The prosecution for violation of special laws be governed by the provisions thereof. A. General rule: all criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. The right of the offended party to institute the criminal prosecution or the commission of a public offense ceases upon the filing of the complaint in court, the fiscal taking charge of the prosecution of the suit in the name of the People until the termination of the case. B. Motion to dismiss case in court should be addressed to the discretion of the trial court Rule: Where the information has already been filed in court, the court steps in and takes control of the case until the same is finally disposed of, so that the fiscal has no more control over it. Note: If court refuses to dismiss the case at the instance of the fiscal, the least the fiscal can do is continue

appearing for the prosecution and then turn over the presentation of evidence to another fiscal or a private prosecutor subject to his supervision and control. C. When prosecution may be controlled by a person other than the public prosecutor Private prosecutor, in case of heavy load, with authorization in writing by the Chief of the Prosecution Office of the Regional State Prosecutor to prosecute the case subject to the approval of the prosecutor (may be withdrawn). Note: There is no need for public prosecutor to give his authorization unless the written authority requires it. The written authority must be clear especially when it covers plea bargaining, amendment of the information or the dismissal of the case. However, the private prosecutor: 1. Is not entitled to be served with copies of the pleadings as a matter of right since a notice of the court to the fiscal is a notice to the prosecutor (Sese vs. Montesa). Note however that failure to serve pleadings and orders upon government counsel renders the court orders issued upon such such petitions or motions of an accused as void. 2. Cannot make a stand inconsistent with the state. 3. Cannot appeal from an order dismissing the case on motion of the fiscal. 4. May not continue to take part in the proceeding after the death of the offended party since the latter is the principal and the private prosecutor, merely an agent.

D. Exclusive right of the Solicitor General to handle

criminal cases in the Court of Appeals and the Supreme Court. It is only the Solicitor general that is authorized to bring and defend action in behalf of the People of Republic of the Philippines once the case is brought before the Supreme Court or CA in cases concerning: 1. writs of error 2. petition for review 3. automatic appeal 4. special civil actions where the People of the Philippines Exception: cases elevated in the Supreme Court by way of petition for review against decisions or final orders of the Sandiganbayan, it is the Office of the Ombudsman through its Special Prosecutor, which shall represent the People of the Philippines.

E. Control of Prosecution and Control of Court

Control by prosecution Control of Court once case is filed Suspension of Arraignment Reinvestigation Prosecution by Fiscal Downgrading Offense or dropping of accused even before pea Dismissal

What case to file Whom to prosecute Manner of prosecution Right of prosecution to withdraw information before arraignment even without notice and hearing

F. Limitations on Control of Court

1. Prosecution entitled to notice and hearing 2. Court must always result of petition for review

3. Prosecution[s stand to maintain prosecution should be respected by the court 4. Ultimate test of courts independence is where fiscal files a motion to dismiss or withdraw information 5. Court has authority to review Secretarys recommendation and reject it if there is grave abuse of discretion. 6. To reject or grant motion to dismiss court must make own independent assessment of evidence 7. Judgment is void if there is no independent assessment and finding of grave abuse of discretion. G. Intervention of the aggrieved party (a matter of right) Rule: Aggrieved party may intervene because: 1. the declaration of the criminal liability carries with it the declaration of resulting civil obligation and 2. there are crimes which cannot be prosecuted other than at the formal instance of the person injured. Exception: 1. The accused pleaded guilty of the trial 2. Offended party waives the expressly reserves his right terminal of the criminal action. 3. Offense is one of those, produce civil liability. before the commencement right to the civil action or to institute it after the which do not necessarily

name of the accused, the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; that approximate date of the commission of the offense; and the place where the offense was committed. When an offense is committed by more than one person, all of them shall be included in the complaint or information. I. Purpose of the rule 1. to inform the accused of the nature and cause of the accusation against him 2. to notify the defendant of the criminal acts imputed to him so that he can duly prepare his defense B. Test of sufficiency The complaint or information must set out: 1. the names of the accused 2. the designation of the crime charged 3. the acts complained of as constituting the crime in ordinary and concise language 4. the offense committed within the jurisdiction of the court 5. the name of the offended party Two criteria in measuring sufficiency: 1. whether the indictment contains the elements of the offense intended to be charged and sufficiently apprises the defendant of what he must be prepared to meet. 2. whether the records show with accuracy to what extent he may plead a former acquittal or conviction (in case any proceedings are taken against him for a similar offense) F. It is the number of acts charged and not counts that is controlling. G. Defects in the complaint General Rule: any defect in the accusation other than lack of jurisdiction may be cured by good and sufficient evidence. Exception: Substantial defects cannot be cured by evidence for such would jeopardize the accuseds right to be informed of the true nature of the offense he is being charged with.

Corollary Rule: The aggrieved party is prevented from dictating to the fiscal as to the conduct of the case since government prosecution must always be under the control of the fiscal (he may not appeal an order of dismissal by the court entered upon motion of the fiscal since to permit him would be tantamount to giving said party a right to control the criminal proceeding -- Gonzales vs. CFI). H. Prosecution of a private crime (enumerated in Title XI, Book II of RPC and defamation) complexed with a public offense Where one of the component is a private crime and the other a public offense, the fiscal may initiate the proceeding de oficio. Rationale: Since one of the component offenses is a public crime, the latter should prevail, public interest being always paramount to private interest. Rules: 1. No crime of adultery and concubinage shall be prosecuted except upon a complaint filed by the offended party. Offended spouse cannot instituted criminal prosecution without including both the guilty parties and if he/she consented or pardoned the offenders. Note: bigamy is an offense against civil status, which may be prosecuted at the instance of the state. 2. Crime 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 guardians (mandatory requirement). 3. If the offended party dies or becomes incapacitated before she was able to file the complaint and she has no known parents, grandparents or guardians, the state shall initiate the action in her behalf, pursuant to the doctrine of PARENS PATRIAE. 4. No criminal action for defamation which consists in the imputation of a private crime can be brought except at the instance of and upon complaint by the offended party. 5. Defamation which consists in the imputation of a public crime (ex. Prostitution) can be prosecuted de oficio. SECTION 6: Sufficiency of complaint or information A complaint or information is sufficient if it states the