CRIMINAL ACTION

All criminal actions are initiated either by

complaint or information in the name of the People
of the Philippines against all persons who appear to
be responsible for the offense. They are prosecuted
under the direction and control of a prosecutor and
instituted and tried in the court of municipality or
territory where the offense id committed.

When the criminal actions are brought to the
Court of Appeals or the Supreme Court, it is the
Solicitor General, not the prosecutor, who
represents the People of the Philippines.

When a criminal action is instituted, the civil
action for the recovery of civil liability is implicitly
included, unless the offended party waives the civil
action or reserves his rights to institute separately,
or institute a civil action prior to the criminal
actions. In other words, a person who is criminally
liable is also civilly liable.

TERMS IN CRIMINAL ACTION

Crime is an act or omission punishable by law

Designation of Crime by Statute:
Felony violation of the Revised Penal Code
Offense - violation of the special laws
Infraction - violation of city/municipal/barangay
ordinances

Classifications of Crimes
Local Crime one which can be prosecuted in one
particular place only
Transitory Crime one that could be prosecuted
in any one of the several places

Criminal Investigation is a process of identifying
and locating the offender and provides evidence
of his guilt.

Criminal Investigator is the person who is charged
with the duty of carrying out the objectives of
criminal investigation.

Custodial Investigation/custodial interrogation
means questioning initiated by the law enforce-
ment officers after a person has been taken into
custody or otherwise deprive of his freedom of
action in a significant way.

Objectives of Criminal Investigation:
1. To identify the offender/s;
2. To locate the offender/s;
3. To provide evidence of offenders guilt

Search is an examination of individual person,
house, papers and effects, or other building and
premises to discover contraband or some
evidence of guilt to be used in prosecution of
criminal action.
- An examination of a man's house, premises
or person, for the purpose of discovering
proof of his guilt in relation to some crime or
misdemeanor of which he is accused.


Search Warrant is an order in writing issued in the
name of the People of the Philippines signed by
the judge and directed to a peace officer,
commanding him to search personal property
described therein and to bring it before the
court.

Essential requisites of a valid search
1. It must be issued upon probable cause;
2. Probable cause must be determined
personally by the judge;
3. Judge must examine under oath or
affirmation the complaint and the witnesses
he may produce; and
4. The warrant must particularly describe the
place to searched or things to be seized.

Probable Cause, defined:
- Means such facts and circumstances
antecedent to the issuance of a warrant that
are in themselves sufficient to induce a
cautious man to rely upon them.
- Means such facts and circumstances which
would tend to believe that a person has
committed a crime..(a reasonable belief
that a person has committed a crime)


Personal Property to be Seized:
1. Property subject of the offense;
2. Stolen, embezzled property or proceeds or
fruits of the offense; and
3. Property used or intended to be used in
committing the crime.

Requirements of Search of a House, Room or Premises
1. Must be made in the presence of a lawful
occupant or any member of his family;
2. If none, two (2) witnesses of sufficient age
and discretion residing in the same locality.

Criminal Action a lawsuit instituted and
prosecuted for the punishment of a crime in the
name of the People of the Philippines

Criminal Proceedings proceedings before a trial
court from the period of arraignment to the
rendition of judgment.

Prosecute to commence and carry on a criminal
action or lawsuit against a person/s in the name
of the People of the Philippines

Complaint sworn written statement by the
offended party or by any government law
enforcer charging a person with an offense. (This
is first filed by offended party with the
prosecutor or municipal court.)

Information accusation in writing made by a
prosecutor based on the offended partys
complaint and filed with the court, charging a
person/s with an offense.

Complainant offended party who has recourse to
the courts.

Accused or Respondent person/s charged with a
criminal court.

Private Crimes - offense which can be prosecuted
only upon the instance of the offended party.
Examples:
- Adultery and concubinage complaint can be
filed only by offended party and only if both
guilty parties are included in the complaint.
- Seduction, abduction and acts of lascivious-
ness cannot be prosecuted except upon the
complaint of the offended party or by his/her
parents, grandparents, guardian or by the
government.
- Libel and defamation imputing above offenses.


Public Crimes all criminal offenses not classified as
private crimes

Public Prosecutor (Fiscal) government lawyer
representing the People of the Philippines
who formally commences and carries out a
criminal lawsuit against person/s accused of
crimes or offenses.

Public Attorney government lawyer appointed
either by the Public Attorneys Office (PAO)
or by the court to either defend accused
person/s or a defendant in a civil case who
cannot afford a lawyer.

Inquest informal and summary investigation in
criminal cases involving person arrested and
detained without warrant of arrest. This is
conducted by the public prosecutor for the
purpose of determining whether or not the
detained person should remain under the
custody and be correspondingly charged.

Preliminary Investigation summary proceedings
or inquiry conducted by municipal judge or
prosecutor for the purpose of determining
whether there is sufficient ground to believe
that a crime has been committed and
whether the accused is probably guilty
thereof. This is required for offenses within
the jurisdiction of the Regional Trial Court.

Requisites of valid search warrant: 1) probable
cause present; 2) such presence is
determined personally by the judge; 3) the
complainant and the witnesses he or she
may produce are personally examined by the
judge, in writing and under oath or
affirmation; 4) the applicant and the
witnesses testify on facts personally known
to them; and 5) the warrant specifically
describes the place to be searched and the
things to be seized.