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Rule 110 Notes Chapter II

I. Institution of Criminal Actions
Purpose of a Criminal Action
To determine the penal liability of the accused who outraged the
state with his crime, and if guilty, to punish him for it.
The offended party is regarded as a mere witness for the state.
How Instituted
Generally depends on whether or not a preliminary investigation
is required (See Rule 110 Sec 1, (a) and (b))
If a PI is not required, it may be filed either directly with the MTC
or through the office of the prosecutor.
o EXCEPT in Manila and other Chartered Cities, where it
must be filed in the prosecutors office OR as provided in
their charters.
No Direct Filing with the RTC, or MTC of Chartered Cities
RTCs jurisdiction covers offense which requires PI, because
under Rule 112 Sec 1, offenses which are punishable by at least 4
years 2 months, a PI is required. Since RTCs jurisdiction is for
offenses punished by at least 6 years, a complaint must always
be filed with the proper office and not directly with the RTC.
o EXCEPT as provided by the last sentence of the first
paragraph of Rule 112, Sec 6 for when the accused was
lawfully arrested without a warrant.
For MTCs in chartered cities, there is no direct filing, unless its
charter provides such rule. In case of conflict with the Rule and a
citys charter, the latter prevails, being substantive law.
Effect of Institution of the Criminal Action on the Prescriptive Period
Institution of the criminal action interrupts the running of the
prescriptive period. As provided by Rule 110 Sec 1.
o UNLESS otherwise provided under special laws.
People v Bautista prescriptive period remains tolled from the
time the complaint was filed until such time the accused is
acquitted or convicted.
Issues under Art. 90 & 91 of the RPC
o People v Tayco complaint or information referred to by
Art. 91 is the one filed with the proper court, not at the
fiscals office.
o People v Olarte filing of the complaint/information
with the justice of the peace for preliminary investigation
interrupts prescription. Art. 91 RPC did not distinguish
complaint in the proper court and complaint with the
proper office.
o Olarte is the true doctrine. Such that even when the
information or complaint is filed with a wrong court
thereafter, the prescription is still interrupted.
Rule on Prescription for Violations of Special Laws/Ordinances.
Act 3326 governs prescriptive periods of special laws and
ordinances.
Institution of judicial proceedings interrupts the running of
prescription.
Conflict with the rule in recent cases
o Sanrio v Lim the filing of the complaint-affidavit with
the TAPP of the DOJ for a violation of the Intellectual
Property Code interrupted the running of prescription.
Seemingly contravened the judicial proceedings rule
under Act 3326.
o Panaguiton v DOJ The issue was whether prescription
for a violation of BP 22 is interrupted upon the filing of
the complaint in the Office of the Prosecutor, since the
law contemplates judicial, not administrative
proceedings. The court ruled that it is interrupted upon
the filing in the prosecutors office and explained that at
the time of the passing of Act 3326, preliminary
investigations could be conducted by justices of the peace
and was the reason the law used judicial proceedings,
for its investigation.
o SEC v IRC for a violation of the Securities Regulation
Code, the investigation conducted by the SEC, which is
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equivalent to a preliminary investigation of the DOJ,
effectively interrupts the running of prescription. This is
so because the SEC has specialized competence to
investigate on the matter, which under the doctrine of
primary jurisdiction, the court will not intervene in.
Hence, the current rule is the filing of the affidavit or complaint
for preliminary investigation interrupts prescription.
II. Prosecution of the Criminal Action
Who must Prosecute the Criminal Action
The criminal action is prosecuted under the direction and control
of the public prosecutor.
o EVEN if there is a private prosecutor.
This is because a criminal offense is an outrage against the
sovereignty of the state. So only a representative of the state
shall prosecute it.
Appearance of a Private Prosecutor
Appointed by the offended party and allowed only where the
civil action for recovery of civil liability is instituted in the
criminal action (Rule 110 Sec 16)
Offended party cannot intervene when he;
1. Waives the civil action
2. Reserves the right to institute it separately
3. Institutes the civil action prior to the criminal action.
(Rule 111 Sec 1)

Effect of Filing and Independent Civil Action
Does not deprive the offended party of his right to intervene in
the prosecution of the offense.
Under Rule 111 Sec 1, the civil action for recovery of civil liability
arising from the offense charged is deemed instituted with the
criminal action, implying that those that do not arise from the
offense charged is not deemed instituted. These actions may
proceed independently of the criminal action (Rule 111 Sec 3).
o Ex. Arts. 32-34 and 2176 of the Civil Code.
The effect of these independent civil actions is that the offended
party may still intervene in the criminal action to protect his civil
interests therein despite having filed the independent civil
actions.
Consequences of a Public Prosecutor Directing and Controlling the
Prosecution of the Criminal Action
The public prosecutor has the power and discretion to
1. Determine whether there is a Prima Facie case
2. Decide which of the conflicting testimonies should be
believed free from the interference of the offended party.
3. Determine which witnesses to present in court, subject to
the right against self-incrimination. (even a state
witness)
He may turn the prosecution of the case over to a private
prosecutor but may take over any time during the conduct of the
trial.
Not even the SC can order the prosecution of a person who a
prosecutor does not find a prima facie case against.
o EXCEPT when there is a grave abuse of discretion.
Tan v People - It is the executive department, through the DOJ,
which is tasked with the duty to investigate the commission of
offenses, pursuant to Sec 3, par. 2 of the Revised Administrative
Code, and to prosecute crimes in the name of the Philippines.
(Under Rule 110 Sec 2, criminal cases are prosecuted in the
name of the Philippines) Since it is the DOJ which is so
authorized, it is in the best position to determine whether a
similar case is pending in another court or tribunal and as such,
has the authority to sign the certificate of non-forum shopping.
People v Dumlao A conspiracy is a joint offense which cannot
be committed by one person alone. BUT, it does not mean that
one person cannot be convicted of conspiracy despite the
acquittal or deaths of his co-conspirators. So long as the basis for
a charge of conspiracy remains, he can still be convicted. (ex. The
co-conspirators proved exempting circumstances)
o As for the claim that it would violate the right to the
equal protection of laws to prosecute only one in a party
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of co-conspirators, it is clear that the prosecutor has the
discretion to handle a case, and a non-inclusion of other
guilty persons is irrelevant. A claim of discriminatory
purpose is never presumed.
Pinote v Ayco While a prosecutor was absent due to medical
treatments, a judge allowed the defense to present two
witnesses. The prosecutor, upon returning, objected to the
proceedings saying that allowing the defense to present
witnesses in his absence was erroneous and highly irregular, and
thus void. SC ruled that under Rule 110 Sec 5, the prosecution is
under the direct control and supervision of the prosecutor. The
judge violated the Rule in allowing the presentation of witnesses
for the defense in the absence of the prosecutor. The court added
that if the accused is entitled to due process, so is the State.
Prosecution of a Criminal Action in the MTC or MCTC
If the assigned public prosecutor is absent, persons who may
prosecute the action under Rule 110, Sec 5 are;
1. Offended party
2. Any peace officer
3. Public officer charged with the enforcement of the law
violated.
Prosecution for Violations of Special Laws
Its provisions govern (Rule 110, Sec 5)
III. Intervention of the Offended Party in the Prosecution of the
Criminal Action.
Intervention of the Offended Party
Since every person who is criminally liable is also civilly liable
(Art. 100 RPC), which includes restitution, reparation and
indemnification for consequential damages (Art. 104 RPC), an
offender is obliged to satisfy the civil liability resulting from the
crime, even if pardoned or given amnesty, with the only
exception being when the civil liability has been extinguished.
(Art. 113 RPC)
As such, the offended party may intervene in the prosecution of
the offense. (Rule 110 Sec 16)
For the offended party to acquire the right to intervene, the civil
action must be instituted with the criminal action. And he cannot
intervene if the instances under Rule 111 Sec 1 are present (see
page 2 on appearance of a private prosecutor)
However, there are instances where the criminal action gives
rise to an independent civil action, to wit;
1. The ones arising from the offense charged under Art. 100
RPC
2. Civil liabilities arising from quasi-delicts
3. Civil liabilities arising from independent civil actions.
This would mean that despite the institution of the independent
civil action, the offended part may still intervene in the
prosecution of the criminal action as the civil liability there
arises from the violation of the offense charged while the civil
liability in the independent civil action arises from a distinct
source of liability (i.e. quasi-delict). (see Rule 110 Sec 3)
When a Private Prosecutor may Prosecute a Case even in the Absence of
a Public Prosecutor
He must be authorized to do so in writing, given by either the
Chief of the Prosecuting Office or the Regional State Prosecutor.
However, it is subject to the approval of the court (Rule 110 Sec
5)
Allowable reasons for the authorization;
1. Heavy work load of the public prosecutor
2. Lack of public prosecutors
Extent of Authority Given to the Private Prosecutor
To prosecute the criminal action up to the end of the trial or
when his authority is revoked or withdrawn.



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IV. Prosecution of Private Crimes (memorize Sec. 5)
Prosecution of the Adultery and Concubinage
Must be filed by the offended spouse, otherwise, the prosecutor
cannot prosecute the case.
Must be instituted against both guilty parties
o EXCEPT when one is no longer alive.
The offenders must not have been consented to or pardoned by
the offended party, either express or implied.
Prosecution of Seduction, Abduction, and Acts of Lasciviousness
Must be filed by the offended party, her parents, grandparents,
or guardian and they must not have expressly pardoned the
offender.
If the offended party dies and no other may file the case, the state
shall initiate the action on her behalf.
Even the offended party who is a minor may initiate the action
alone
o EXCEPT if she is incompetent or incapable to do so.
Effect of RA 7610
Who may file complaints on cases of unlawful acts committed
against children;
1. Offended party
2. Parents or guardians
3. Ascendant or collateral relative within 3
rd
degree of
consanguinity
4. Officer, social worker, or representative of a licensed
child-caring institution
5. Officer or Social Worker of DSWD
6. Barangay Chairman
7. At least 3 concerned, responsible citizens where the
violation occurred. (Sec 27 RA 7610)


Prosecution of Defamation
Defamation contemplated by Rule 110 Sec 5 is that imputation of
concubinage, adultery, seduction, abduction, and acts of
lasciviousness only.
Only the offended party may file the complaint.
V. The Complaint or Information
Meaning of Complaint
Complaint 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. (Rule 110 Sec 3) It is not a mere statement.
In Whose Name and Against Whom Filed
Must be filed in the name of the People of the Philippines and
against all persons who appear responsible for the offense. (Rule
110 Sec 2)
Since the offended party is a mere witness, he cannot appeal the
dismissal of the criminal case or acquittal of an accused.
o He may only appeal the civil aspect of the case, in which
case it is brought in his name.
Only the OSG can appeal a dismissal by the RTC.
Meaning of Information
Information an accusation in writing charging a person with an
offense subscribed by the prosecutor and filed with the court
(Rule 110 Sec 4)
Not required to be sworn unlike a complaint, only subscribed by
a prosecutor.
Distinctions between Complaint and Information
An information does not require to be sworn because the
prosecutor subscribing it is already under oath of his office.
As to who subscribes, an information is limited only to a
prosecutor while a complaint is subscribed by either the
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offended party, a peace officer or public officer charged with the
enforcement of the law violated (Rule 110 Sec 4)
Infirmity of the Signature in the Information
Since the information is what vests jurisdiction of the court over
the person of the accused and subject matter, an infirmity
therein is not cured by silence, acquiescence or even by express
consent.
Sufficiency of Complaint or Information
Must contain the following;
1. Name of the accused, or all of them if committed by more
than one.
2. Designation of the offense given by the statute
3. Acts and omissions complained of as constituting the
offense
4. Name of the offended party
5. Approximate date of the commission of the offense
6. Place where the offense was committed. (Rule 110 Sec 6)
Test for Sufficiency of the Complaint or Information
The crime described is in intelligible terms with such
particularity as to appraise the accused of the offense charged.
The reason being that the accused is presumed to have no
independent knowledge of the facts constituting the offense.
(Presumption of Innocence?) and the information should enable
him to suitably prepare for his defense.
Questioning the Insufficiency of the Complaint or Information
The right to question the sufficiency of the information is
deemed waived if the accused fails to object upon his voluntary
arraignment or participated during trial.


Objections as to Form
Cannot be made the first time on appeal, as the accused is
deemed to have waived it.
Date of the Commission of the Offense
Precise date is not needed, only a date as near as possible to the
actual date of commission.
o EXCEPT when the date is a material element of the
offense. (Rule 110 Sec 11)

Determination of the Nature or Character of the Crime
Determined by the recital of the ultimate facts and the
description of the crime charged
o NOT by caption or preamble of the information or by the
specification of the provision of law allegedly violated,
for they are mere conclusions of law.
How to State the Name of the Accused
Name and Surname, or any appellation or nickname
If it is not known, he must be described under a fictitious name
o If his true name is disclosed or becomes known
thereafter, it shall be inserted in the complaint or
information (Rule 110 Sec 7)
Mistake in the name is not necessarily a mistake in the identity of
the accused. But the identity must be proven.
How to State the Name of the Offended Party
If a natural person, name and surname or appellation or
nickname etc.
o Same rules apply as with the name of the accused. (Rule
110 Sec 12)
If a juridical person, it is sufficient to state its name or any name
or designation by which it is known or is identified.
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o No need to aver that it is a juridical person (Rule 110 Sec
12[c])
Rule if the Name of the Offended Party is Unknown in Offenses against
Property
The property must be described with such particularity as to
properly identify the offense charged.
Sayson v People the criminal act charged in the
complaint/information must be properly identified in case the
name of the accused is unknown.
Designation of the Offense
Since it is not the name given by the prosecutor to the crime
allegedly committed that would control, the accused need not
focus on the same. Rather, he should focus on whether or not he
performed the acts alleged in the information and in the manner
described, for these facts would determine the crime actually
committed and which he must be most interested in.
The guideline is found under Rule 110 Sec 8
1. Name of the offense given by the statute. If none,
reference to the section or subsection punishing it.
2. Averment of acts or omissions constituting the offense.
3. Specifying the qualifying and aggravating circumstances
of the offense.
Effect of Failure to Designate the Offense by the Statute or Failure to
Mention the Provision Violated
Does not vitiate the information IF the facts alleged clearly recite
the facts constituting the crime charged.
Licyayo v People The fact that the information does not
specifically mention Art. 249 of the RPC will not make the
information defective since the information nonetheless narrates
facts which unmistakably constitute the crime of homicide. This
deficiency will not violate the accuseds right to be informed of
the nature and cause of the accusation against him as it is the
ultimate facts which determine the crime committed.
Effect of Failure to Specify the Correct Time
Similar with the rule aforementioned, it is the ultimate facts
which will determine the crime committed.
Statement of Qualifying and Aggravating Circumstances
Must be stated in the information for them to be considered in
the imposition of the penalty.
People v Mendoza When a qualifying circumstance is not
alleged, the offender cannot be made to suffer a higher penalty as
he cannot be held liable for a graver offense than that which he
was indicted. This would be a denial of the right to be informed
of the charges against him and, consequently, a denial of due
process.
Buebos v People failure to allege that the house burned was
inhabited would only hold the offender liable for simple arson
and not arson of an inhabited dwelling.
Prior to the 2000 Revised Rules of Criminal Procedure, the
courts would award exemplary damages if aggravating
circumstances are proved during trial though not alleged in the
information. Now, it must be alleged, otherwise it is not
considered, even if proved.
The information need not allege a circumstance as qualifying, so
long as it is narrated in the ultimate facts, it is deemed alleged.
Francisco v People Though conspiracy must be alleged, not
merely inferred, the absence of words such as conspiracy,
conspired, in conspiracy with does not necessarily mean that
conspiracy was not alleged. The information readily showed that
the co-accused had participate[d] in and facilitate[d] the
commission of the offense. This phrase is a clear allegation of
conspiracy.
People v Ubina in the crime of rape, an allegation of
relationship when the relation is consanguinity or affinity within
the third civil degree, and not of a parent, ascendant, step-
parent, guardian or common law spouse of the mother, it must
be specifically alleged such that a mere mention that the offender
was the uncle of the offended party without stating the civil
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degree is not sufficient to be considered as an allegation of a
qualifying circumstance.
Cause of the Accusation
An accuseds right to question his conviction based on facts not
alleged in the information cannot be waived.
He cannot be convicted of an offense not charged, no matter how
clear and conclusive the evidence of guilty may be.
o A variance between the allegation and proof adduced
during trial shall be fatal if it is material and prejudicial
to the accused to an extent that affects his substantial
rights.
It is not necessary to employ the words used in the statute
allegedly violated, only that ordinary and concise language is
used such that a person of common understanding would know
the offense charged, acts and omissions constituting the offense,
and the qualifying and aggravating circumstances. (Rule 110 Sec
9)
The information must clearly allege the elements of the crime
charged. The purpose is for the accused to be informed of the
crime charged and if found guilty, to plead his conviction in a
subsequent prosecution.
If the law requires intent but intent was not alleged, there can be
no conviction.
People v Tamus the 2000 Rules of Criminal Procedure must be
given retroactive effect following the rule that statutes governing
court proceedings will be construed as applicable to all actions
pending and undermined at the time of its passing.
People v Meija in a case of rape, minority was not alleged but
proved while relationship was alleged and proved. But to be
convicted under Art. 266-B RPC, both minority and relationship
must be alleged and proved to qualify rape.
o Elementary is the doctrine that the prosecution bears the
burden of proving all the elements of a crime, including
the qualifying circumstances.

How to State the Date of Commission of the Offense
The only time it is necessary to state the precise date is when it is
a material ingredient of a crime. (Rule 110 Sec 11)
Otherwise, an approximate date will suffice.
Duplicity of the Offense
A complaint/Information must charge only one offense.
o EXCEPT when the law prescribes a single punishment for
various offenses (Rule 110 Sec 13)
Failure of the accused to object on the ground of duplicity will
constitute a waiver.
o Even if two or more crimes were erroneously charged but
later on proved.
VI. Venue of Criminal Actions
Criminal Actions must be instituted in the court of the
municipality or territory where the offense was committed or
where any of its essential ingredients occurred. (Rule 110 Sec
15[a])
For written defamation, see Art. 360 RPC
Merely alleging that the article was printed by a particular
magazine will not suffice even if the magazine has general
circulation in the venue where the complaint was filed.
Rule where Offense was committed in a Train, Aircraft or Vehicle.
See Rule 110 Sec 15[b]
Rule where Offense was Committed on Board a Vehicle
See Rule 110 Sec 15[c]
Rule when the Offense is covered by Art. 2 RPC
See Rule 110 Sec 15[d]
How to State the Place of Commission of the Offense
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It is sufficient when it can be understood that it was committed
or some of its essential ingredients occurred within the
jurisdiction of the court (Rule 110 Sec 10)
VII. Amendment or Substitution of the Complaint or Information
Amendment of the Information/Complaint Before Plea
It may be amended in form or in substance without the need for
leave of court
o EXCEPT when the amendment downgrades the offense
charged or excludes any accused from the information or
complaint. (Rule 110 Sec 14)
See Rule 110 Sec 14 for other details.
Rule as to Amendment After the Plea of the Accused
As to formal amendments, it must be done under 2 conditions;
1. Leave of court must be secured
2. The amendment does not cause prejudice to the rights of
the accused (Rule 110 Sec 14)
It seems that no amendments as to substance can be allowed at
his stage.
o EXCEPT if beneficial to the accused.
When Amendement is Formal or Substantial
Test as to whether a defendant is prejudiced by an amendment
when a defense under the information as it originally stood
would still be available after the amendment is made.
Formal amendments;
1. Amending the range of the penalty imposable in the
event of conviction
2. Not charging another offense different and distinct from
that charged in the original one
3. That which does not alter the prosecutions theory so as
to cause surprise to the accused and affects his defense
4. That which does not adversely affect the substantial
rights of the accused
5. That which merely adds specifics to eliminate vagueness
in the information.
Pacoy v Cajigal - Formal and Substantial amendment distinction;
A change of the word Homicide to Murder without changing
anything else in the information is a mere formal amendment, as
there was no change at all made in the recital of facts. The change
did not prejudice the rights of the accused as defenses under the
original information were still available under the amended
information. (as a rule, the offense is determined not by the title
but by the ultimate facts)
Substitution of Complaint or Information
See Rule 110 Sec 14
The original complaint or information is subject to Rule 119 Sec
19 on the procedure on how an information would be
substituted.
Distinction between Amendment and Substitution
1. Amendment may involve either formal or substantial changes,
while substitution necessarily involves a substantial change from
the original charge;
2. Amendment before plea has been entered can be effected
without leave of court, but substitution of information must be
with leave of court as the original information has to be
dismissed;
3. Where the amendment is only as to form, there is no need for
another preliminary investigation and the retaking of the plea of
the accused; in substitution of information, another preliminary
investigation is entailed and the accused has to plead anew to the
new information; and
4. An amended information refers to the same offense charged in
the original information or to an offense which necessarily
includes or is necessarily included in the original charge, hence
substantial amendments to the information after the plea has
been taken cannot be made over the objection of the accused, for
if the original information would be withdrawn, the accused
could invoke double jeopardy. On the other hand, substitution
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requires or presupposes that the new information involves a
different offense which does not include or is not necessarily
included in the original charge, hence the accused cannot claim
double jeopardy.
The rule is that if the second information involves the same
offense, or an offense which necessarily includes or is included in
the first, an amendment is sufficient; otherwise, where the new
information charges a distinct and different offense, a
substitution is in order.