Applies to commencement of criminal actions in the RTC and inferior courts
Prescription period is interruptible by filing of complaint for preliminary investigation Refers to offenses not subject to rule on summary procedure o iolations of municipal or city ordinances are subject to summary procedure! o Prescription period of such are governed by Act! "o ##$% o Such violations prescribe after $ months o Interruptible by institution of judicial proceedings against offender &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& COMPLAINT Complaint is s'orn 'ritten statement charging person 'ith an offense must be in 'riting in the name of people of P( against persons responsible Complaints for preliminary investigation need not be filed by offended party o may be filed by any competent person unless subject cannot be prosecuted! In rape cases) complaints by offended party is sufficient to commence prosecution o fiscal is not bound to file information but may do so Complaints ta*e priority over information filed in crimes against chastity Crimes against chastity re+uires s'orn 'ritten complaint as per Sec ,! of Rule 11- .complaint filed in proper court) not in fiscal/s office0 Crimes of Rape can be prosecuted 'ithout s'orn 'ritten complaint o Comple1 crimes of rape 'ith robbery or homicide does not re+uire s'orn 'ritten complaint S'orn 'ritten complaint is a jurisdictional re+uisite in crimes of concubinage) adultery) seduction) abduction) rape) acts of lasciviousness and any defamatorty imputation S'orn 'ritten complaint is re+uired in both 'ritten and oral defamations 'hich cannot be prosecuted de oficio 2ust charge only one offense e1cept 'hen la' prescribes single punishment for various offenses! .special comple1 crimes or composite crimes0 &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& INFORMATION Information is an accusation in 'riting charging a person 'ith an offense must be subscribed by prosecutor filed 'ith court must be against all persons appear to be responsible for offense involved o 3iscal has discretion to determine 'ho 'ill be included in information o (e can be compelled by mandamus if he abuses discretion by refusing to include persons despite sufficient evidence! Petitioners must first e1haust all remedies in ordinary course of la' .filing a motion in court for inclusion0 o Remedies if fiscal refuses to file information to include an accused person despite evidence 3ile an action for mandamus 4odge a ne' complaint against offenders and have a ne' e1amination conducted Inform Sec! of 5ustice because he can reverse the opinion of the investigator and designate a special prosecutor! Institute administrative charges against the erring prosecutor Institute another criminal action of no double jeopardy is involved 3ile criminal charges under Art! $-6 3ile civil action for damages under Art! $7 of Civil Code! Secure appointment of another prosecutor Prohibition to restrain a criminal prosecution are generally not available e1cept o to afford ade+uate protection of constitutional rights of accused o 'hen necessary for orderly admin of justice or to avoid oppression o 'hen there is a pre-judicial +uestion o 'hen acts of the officer are 'ithout or in e1cess of authority o 'hen prosecution is under an invalid la') ordinance or regulation o 'hen there is double jeopardy o 'hen court has no jurisdiction o 'hen case is persecution) not prosecution o 'hen charges are false and motivated by vengeance o 'hen there is no prima facie case against the accused) motion to +uash has been denied captions in an information is not controlling) material allegations are information should describe particularity as to apprise the accused 'hat he is being charged 'ith +ualifying circumstances and aggravating circumstances should be e1pressly and specifically alleged in complaints or information as they 'ould not be considered even if proved in trial! o may be remedied by timely amendment of information before arraignment! facts constituting habitual delin+uency 8 must be specifically alleged! 2ust sho' crime 'as committed 'ithin territorial jurisdiction of court if the place of commission is essential element) must be alleged in particularity dates must be near as possible to the actual date e1cept 'hen time is essential as in # days rule of infanticide! &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& PROSECUTION & OFFENDED PARTIES Prosecution in RTC is al'ays commenced by information e1cept in crimes against chastity 3iscal assumes full discretion and control over a case! 9eneral rule is po'ers vested in fiscal cannot be interfered by courts or Sec! of 5ustice! Cannot be compelled to file criminal info if he thin*s there is no necessary evidence! o remedy is to as* for a special prosecutor o or appeal fiscal/s decision 'ith Sec! of 5ustice If information has been filed) courts ac+uire jurisdiction :ffended parties may intervene even 'hen no civil liability is involved ;hen offended party has filed a separate civil case o no intervention by private prosecutor In criminal cases) presence of fiscal is re+uired for validity of proceedings o only applies to courts provided 'ith their o'n fiscals o does not apply to municipal courts Who may prosecute: 1! Concubinage and Adultery a. only offended spouse regardless of age and not incapacitated $! Seduction) rape) acts of lasciviousness .e1clusive and in order0 a! :ffended 'oman i! even if minor ii! e1clusive if legal age and not incapacitated iii! If incapacitated or minor .in order0 1! parents $! grandparents #! guardians b! Parents) grandparents) guardians .in order0 i! either of parents 8 either of grandparents ii! only legal or judicial guardians iii! Aunts) even if found to be false if rape victim died c! the State via parens patriae if i! offended party dies or is incapacitated and no complaint is filed ii! no *no'n parents) grandparents or guardians #! In defamation imputing persons in concubinage) adultery) seduction) abduction) rape or acts of lasciviousness a! only by the party or parties defamed Paro! a! co!se!t Pardon - refers to past acts of adultery must be e1tended to both offenders to absolve liability Consent - refers to future acts sufficient to absolve accused of liability even if granted only to offending spouse Who may paro! or co!se!t 1! Adultery and concubinage 1! only offended spouse even if minor but not incapacitated $! Seduction) abduction) rape and acts of lasciviousness 1! :ffended minor 'ith sufficient discretion if she has deceased 8 no parents $! Parents) 9randparents) 9uardians .in order0 'ithout conformity of offended party even if latter is a minor #! :ffended 'oman is of age and not incapacitated pardon 'hether e1press or implied is sufficient Subse+uent marriages bet'een offended party and accused e1cept< 1! in adultery and concubinage $! marriage 'as invalid or in bad faith #! in private libel or libelous imputation to the complaint of crimes against chastity 8 rape or slander by deed =! multiple rape Ac+uittal or death does not bar prosecution of the other accused in crimes of adultery or concubinage as if filed before death of the offended spouse Pardon or consent does not apply to crimes of corruption of minor and 'hite slavery O""e!e Part#es 1! :ffenses against property a! if offended party is un*no'n) property must be described 'ith particularity b! if name 'as found out) courts must cause true name to be inserted in complaint or information recorded $! 5uridical Person a! sufficient to state name or name by designation all re+uired is that identity of offender is established via o nic*name) full name o or described under a fictitious name If the identity is essential element) error in designation is fatal o victim must be correctly named o identity can be confidential to avoid ridicule 'ithout the latter/s consent but must be identified in the complaint and affidavits field for preliminary investigation! >1amples of :ffended Party 'ido' or murdered victim sister of deceased 'ife in parricide 'ith minor child and accused only surviving relatives &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& AMENDMENT OR SU$STITUTION may be made before or after the accussed pleads AMENDMENT SU$STITUTION involves formal or substantial changes before plea has been entered can be effected 'ithout leave of court if only to form) no need for ne' preliminary investigation and reta*ing of plea refers to same offense charged in original information or included in original charge substantial amendment consists of recital of facts constituting offense charge After plea) permitted only as matters of form if leave of court is obtained and not prejudicial to involves a substantial change from the original charge must be 'ith leave of court because original information has to be dismissed another preliminary investigation is entailed and ne' plea is needed re+uires or presupoposes ne' information involves a different offense 'hich is not included in the original charge rights of the accused! :nly in form if it neither alters or affects the nature of the offense charged %ar#a!ce &et'ee! I!#ctme!t a! Proo" if offense proved is less serious then offense charged) conviction is based on 'hat is proven if more serious is proven) conviction if based on 'hat is charged 'hen offense is neither included or offense charged is different) court can dismiss action and order filing of ne' information charging the proper offense! &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& PLACE W(ERE ACTION IS TO $E INSTITUTED must be 'here offense 'as committed or 'here any of essential ingredients occurred! o in moving vehicles .aircraft) trains0 'here such vehicle passed during its trip) including departure and arrival o in first port of entry of municpality 'here vehicle passed subject to generally accepted principles of international la'! if under Art! $ of RPC) cogni?able 'here criminal action is first filed! >1ceptions to the Rule of enue< 1! 3elonies in Art! $ of the RPC $! Continuing offenses #! Piracy 'hich is triable any'here =! 4ibel ,! >1ceptional circumstances to ensure a fair trial and impartial in+uiry %! In any competent court of the region or territory 'hich is the situs of the offense) subject to the area defined by the Supreme Court enue of :ffenses determined by Supreme Court 1! Theft) 'here ta*ing 'as effected and consmmated) regardless of 'here stolen articles 'here ta*en after $! 3alsification) 'here document 'as actually falsified 'ith intent to prejudice a third person! #! iolation of Conditional pardon 'here it 'as committed =! >stafa 'here such violation 'as actually committed ,! Perjury 'here such affidavit 'as presented not 'here it 'as e1ecuted! %! >vasion of Service 'here defendant may have escaped or be found 7! Abduction 'ith rape) *idnapping or illegal detention 'here deprivation of liberty 'as carried out! 6! Crime of 3ailure to render accounts 'here said accounts are to be rendered @! In 4ibel in a published 'or*) C3I of province or city 'here libelous article is printed and first published 'here any of offended parties resides at time of commission of offense