Professional Documents
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REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
PRELIMINARIE&
1. '(risdi)tion is d"t"rmin"d b* t+" ",t"nt o$ t+" p"nalt* %+i)+ t+" la% impos"s-
on t+" basis o$ t+" $a)ts as r")it"d in t+" )omplaint or in$ormation )onstit(ti." o$
t+" o$$"ns" )+ar#"d.
Not determined by:
what may be meted out to the offender after trial
the result of the evidence that would be presented during the trial
Jurisdiction is retained regardless of:
whether the evidence proves a lesser offense than that charged in the
information,
the subsequent happening of events, although of a character which would
have prevented jurisdiction from attaching in the first instance.
2. /"n"ral R(l": Jurisdiction of a court to try criminal action is to be determined by the
law at the time of the institution of the action.
Exception0 where the statute expressly provides, or is construed that it is
intended to operate to actions pending before its enactment, in which case, the
court where the criminal action is pending is ousted of jurisdiction and the
pending action will have to be transferred to the other tribunal which will continue
the proceeding.
. V"n(" is 1(risdi)tional2
Thus0 !ction must be instituted and tried in the municipality or territory where the
offense has been committed or where any one of the essential ingredients
thereof too" place.
#. /"n"ral R(l": the question of jurisdiction may be raised at any stage of the
proceedings.
Exception0 may not be raised for the first time on appeal, where there has been
estoppel and laches on the party who raises the question.
RULE 113 PRO&ECU4ION O! O!!EN&E&
Instit(tion o$ Criminal A)tions
1. !or o$$"ns"s %+i)+ r"5(ir" pr"liminar* in."sti#ation:
$y filing the complaint with the proper officer for preliminary investigation.
%efers to a complaint&affidavit, and is different from the complaint defined in
'ection of %ule 11(.
)hese offenses are those where the penalty prescribed by law is at least #
years, 2 months and 1 day of imprisonment without regard to the fine.
2. !or all ot+"r o$$"ns"s- or $or o$$"ns"s %+i)+ ar" p"nali6"d b* la% %it+ lo%"r
t+an at l"ast 7 *"ars- 8 mont+s and 1 da* %it+o(t r"#ard to t+" $in":
*nstituted directly with the +), and +,),, or the complaint is filed with the
-ffice of the .rosecutor.
*n +anila and other chartered cities, the complaint shall be filed with the -ffice of
the .rosecutor unless otherwise provided in their charters.
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
. Take Note0 ! complaint for offenses cogni/able by the %), is 0-) filed directly with
the %), either for purposes of preliminary investigation or for commencement of the
criminal prosecution.
#. 4+" instit(tion o$ t+" )riminal a)tion int"rr(pts t+" r(nnin# o$ t+" p"riod o$
pr"s)ription o$ t+" o$$"ns" )+ar#"d
Unless0 otherwise provided in special laws.
A)t No2 9989 governs the prescriptive periods of violations of special laws, or
offenses other than those penali/ed under the %evised .enal ,ode.
1. 4+" $ilin# o$ a )omplaint $or p(rpos"s o$ pr"liminar* in."sti#ation starts t+"
pros")(tion pro)"ss.
4+" )omplaint or in$ormation
1. R"5(isit"s:
in writing
in the name of the .eople of the .hilippines
!gainst all persons who appear to be responsible for the offense involved.
2. W+o is t+" r"al o$$"nd"d part*: )he .eople of the .hilippines, but since the crime
is also an outrage against the offended party, he is entitled to intervene in its prosecution
in cases where the civil action is impliedly instituted therein.
Complaint
1. D"$inition: ! 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.
2. )he complaint as defined under 'ection is different from the complaint filed with the
.rosecutor2s -ffice.
. 4+" )omplaint $il"d %it+ t+" Pros")(tor;s O$$i)"- $rom %+i)+ t+" latt"r ma*
initiat" a pr"liminar* in."sti#ation- r"$"rs to0
any written complaint
filed by an offended party or not
not necessarily under oath, except in 2 instances:
complaint for commission of an offense which cannot be prosecuted de officio
or is private in nature
where the law requires that it is to be started by a complaint sworn to by the
offended party, or when it pertains to those which need to be enforced by
specified public officers.
#. 3nder the R(l" on &(mmar* Pro)"d(r"0
a complaint may be directly filed in the +),, provided that in +etro +anila and in
chartered cities, the criminal action may only be commenced by the filing of
information, which means by the prosecutor, except when the offense cannot be
prosecuted de officio as in private crimes.
In$ormation
1. D"$inition: !n accusation in writing a person with an offense, subscribed by the
prosecutor and filed with the court.
2. <o% is an In$ormation di$$"r"nt $rom a Complaint: 3nli"e a complaint, which
requires that it be under oath and is filed either in the +), or with the provincial4city
prosecutor2s office, the information does not have to be under oath and is always filed in
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REMEDI AL L AW ( CRI MI NAL PROCEDURE)
REVI EWER Pa r t 1
L a mb d a E p s i l o n i D V OR E ! C o l l " # " o $ L a %
court. !ll that is required is that it be subscribed or signed by the fiscal or prosecutor,
which is an indispensable requirement.
W+o m(st pros")(t" )riminal a)tions
1. Ma* a )riminal pros")(tion b" r"strain"d b* in1(n)tion:
/"n"ral R(l"0 0o.
Reason0 .ublic interest requires that criminal acts be immediately investigated
and prosecuted for the protection of society.
Exceptions0
where injunction is justified by the necessity to afford protection to the
constitutional rights of the accused
when necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions
when there is a prejudicial question which is sub judice
when the acts of the officer are without or in excess of authority
where the prosecution is under an invalid law, ordinance or regulation
when double jeopardy is clearly apparent
where the court has no jurisdiction over the offense
where it is a case of persecution rather than prosecution
where the charges are manifestly false and motivated by the lust for
vengeance
when there is clearly no prima facie case against the accused and the
motion to quash on that ground has been denied
preliminary injunction has been issued by the 'upreme ,ourt to prevent
the threatened unlawful arrest of petitioners.
2. Prior to the filing of the information in court, the prosecutor has $(ll )ontrol of the
case. 5e decides who should be charged in court and who should be excluded from the
information.
However0 His decision on the matter is subject to review by:
the 'ecretary of Justice who exercises supervision and control over his
actions and who may sustain, modify or set aside his resolution on the
matter
in appropriate cases, by the courts when he acts with grave abuse of
discretion amounting to lac" of jurisdiction.
. Pri.at" Pros")(tor Parti)ipation:
May a public prosecutor allow a private prosecutor to actively handle the conduct
of the trial? 6es, where the civil action arising from the crime is deemed instituted
in the criminal action.
.ublic .rosecutor must be present during the proceedings and must ta"e over
the conduct of the trial from the private prosecutor at any time the cause of the
prosecution may be adversely affected.