Professional Documents
Culture Documents
I. General Matters
CRIMINAL JURISDICTION
The authority to hear and try a particular offense and impose the punishment for it
[People v. Mariano, G.R. No. L-40527 (1976)]
CRIMINAL JURISDICTION
II. Prosecution of
Offenses
A.1. IN GENERAL
The institution of a criminal action generally
depends upon whether the offense is one
which requires a preliminary investigation or
not.
A criminal action is commenced by the filing
of a complaint or information. The complaint
may be filed either with the MTC, when
Crime
Adultery and
concubinage.
Who May File:
Offended
spouse
Conditions:
(1) Must
include
both
guilty
parties
(2) Must not
have
consented
to the
offense
(3) Must not
have
pardoned
the
offenders
party
includes
minors,
except if
incompetent
or incapable
(2) Parents
(3) Grandparent
(4) Guardian
(5) State
The
offender
must not
have been
pardoned
by any of (1)
to (4) in the
preceding
column
Defamation,
which
consists of
imputation of
any of the
foregoing
offenses
Offended party
his/her
parents, grandparents, guardian or the
offended party [Sec. 5, Rule 110]:
(a) The parents/grandparents/guardian of
the offended minor (in that order) cannot
extend a valid pardon without conformity
of the offended party, even if the latter is
a minor [US v. Luna, G.R. No. 892 (1902)];
(b) If the offended woman is of age and not
incapacitated, only she can extend a valid
pardon which would absolve the offender.
General rule: Pardon must be made before
the filing of the criminal complaint in court.
Exception: In rape, marriage between the
offender and the offended party would be
effective as pardon even when the offender
has already commenced serving his sentence.
If there is more than one accused, the pardon
must be extended to all offenders.
Pardon or desistance extinguishes civil
liability. Pardon or express condonation has
the effect of waiving the civil liability with
regard to the interest of the injured party.
Liability arising from an offense is
extinguished in the same manner as other
obligations.
Pardon:
Refers to past acts;
In order to absolve
the accused from
liability, it must be
extended to both
offenders.
Given after the
commission of the
crime.
Consent:
C. CONTROL OF PROSECUTION
C.1. IN GENERAL
General rule: All criminal actions
commenced by a complaint or information
shall be prosecuted under the direction and
control of the prosecutor [Sec. 5, Rule 110].
Exceptions:
The private prosecutor may be authorized in
writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute
the case subject to the approval of the court.
(1) In case of heavy work schedule of the
public prosecutor or
(2) In the event of lack of public prosecutors.
However, the criminal action is still
prosecuted under the direction and control of
the public prosecutor, which requires that the
prosecutor must be present during the
proceedings. [People v. Beriales, G. R. No. L39962 (1976)].
C.2. BEFORE THE COURT OF APPEALS
AND THE SUPREME COURT
General rule: Only the Solicitor General
may bring or defend actions in behalf of the
D. SUFFICIENCY OF COMPLAINT OR
INFORMATION
A 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 [Sec 3, Rule
110].
An information is an accusation in writing,
charging a person with an offense,
subscribed by the prosecutor and filed with
the court [Sec. 4, Rule 110].
TEST OF SUFFICIENCY
A complaint or information is sufficient if it
states:
(1) The name of the accused;
(2) The designation of the offense given by
the statute;
(3) The acts or omissions complained of as
constituting the offense;
(4) The name of the offended party;
(5) The approximate date of the commission
OFFENSE
General rule: It is sufficient if it can be
understood from its allegations that the
offense was committed or some of its
essential ingredients occurred at some place
within the jurisdiction of the court.
Exception: The particular place where it
was committed constitutes an essential
element of the offense charged or is
necessary for its identification [Sec 10, Rule
110]
D.5 DATE OF COMMISSION OF THE
OFFENSE
General Rule: It is not necessary to state in
the complaint or information the precise
date the offense was committed. The offense
may be alleged to have been committed on a
date as near as possible to the actual date of
the commission.
Exception: When it is a material ingredient
of the offense [Sec. 11, Rule 110]
D.6 NAME OF THE OFFENDED PARTY
The complaint or information must state the
name and surname of the person against
whom or against whose property the offense
was committed, or any appellation or
nickname by which such person has been or
is known. If there is no better way of
identifying him, he must be described under a
fictitious name.
OFFENSES AGAINST PROPERTY
If the name of the offended party is unknown,
the property must be described with such
particularity as to properly identify the
offense charged. [Sec. 12(a), Rule 110]
If the true name of the person against whom
or against whose property the offense was
committed is thereafter disclosed or
ascertained, the court must cause such true
name to be inserted in the complaint or
information and the record. [Sec. 12(b), Rule
110]
OFFENDED PARTY IS A JURIDICAL PERSON
Sufficient to state its name, or any name or
designation by which it is known or by which
it may be identified, without need of averring
that it is a juridical person or that it is
organized in accordance with law [Sec. 12(c),
Rule 110]
F. AMENDMENT OR SUBSTITUTION
OF COMPLAINT OR INFORMATION
KINDS OF AMENDMENT:
(1) Formal Amendment merely states
with additional precision something
which is already contained in the original
information, and which, therefore adds
nothing essential for conviction for the
crime charged [Gabionza v. CA, G.R. No.
140311 (2001)]
Examples of Formal Amendment:
(a) New allegations which relate only to
the range of penalty that the court
might impose in the event of
conviction;
(b) One which does not charge another
offense distinct from that already
charged;
(c) Additional allegation which do not
alter the prosecutions theory of the
case so as to surprise the accused or
affect the form of defense he has or will
assume;
(d) One which does not adversely affect
any substantial right of the accused,
such as his right to invoke prescription.
(2) Substantial amendment consists of
the recital of facts constituting the
offense charged and determinative of the
II. Prosecution of
Offenses
A.1. IN GENERAL
The institution of a criminal action generally
depends upon whether the offense is one
which requires a preliminary investigation or
not.
A criminal action is commenced by the filing
of a complaint or information. The complaint
may be filed either with the MTC, when
allowed, or with a public prosecutor for
purposes of conducting a preliminary
investigation. [Sec. 1, (Rule 110]
A.2. OFFENSES REQUIRING PRELIMINARY
INVESTIGATION
Offenses which require preliminary
investigation are those where the penalty
prescribed by law is at least 4 years, 2
months and 1 day [Sec. 1, Rule 112].
The criminal action is instituted by filing the
complaint with the appropriate officer for
preliminary investigation [Sec. 1(a), Rule 110].
A.3. OTHER OFFENSES
For all other offenses, or in offenses
cognizable by inferior courts (MTCs or
MCTCs), the complaint or information is filed
directly with said courts or the complaint is
filed with the fiscal [Sec. 1(b), Rule 110].
A.4. IN METROPOLITAN MANILA AND
OTHER CITIES
In Metropolitan Manila and other chartered
cities, the complaint shall be filed with the
office of the public prosecutor unless
otherwise provided in their charters [Sec. 1(b),
Rule 110].
A.5. EFFECT OF INSTITUTION ON
PRESCRIPTIVE PERIOD
The institution of a criminal action shall
interrupt the running of the period of
prescription of the offense charged unless
otherwise provided in special laws [Sec. 1,
Rule 110].
There is no more distinction between cases
under the RPC and those covered by special
laws with respect to the interruption of the
period of prescription. [People v. Pangilinan,
G.R. No. 152662 (2012)]
SUSPENSION OF PRESCRIPTIVE PERIODS
IN CASES FALLING UNDER THE
AUTHORITY OF THE LUPON
While the dispute is under mediation,
conciliation or arbitration, the prescriptive
periods for offenses and causes of action
under existing laws shall be interrupted upon
filing of the complaint with the
Punong Barangay. The prescriptive
periods shall resume upon receipt by the
complainant of the complaint or the
certificate of repudiation or of the certification
to file action issued by the Lupon or Pangkat
Secretary. Such interruption however shall not
exceed sixty (60) days from the filing of the
complaint with the punong barangay [Sec.
410[c], RA 7160 (The Local Government Code
of 1991)].
SUBSEQUENT MARRIAGE
The marriage of the offender with the
offended party shall extinguish the criminal
action or remit the penalty already imposed
upon him, together with the co-principals,
accomplices and accessories after the fact of
the above-mentioned crimes. [Art. 344, RPC]
Except:
(1) In adultery and concubinage
(2) Marriage was invalid or contracted in bad
faith to escape criminal liability [People v.
Santiago, G.R. No. L-27972 (1927)]
(3) In private libel, or the libelous
imputation to the complainant of the
commission of the crimes of concubinage,
adultery, seduction, abduction, or acts of
lasciviousness, and in slander by deed
[People v. Orzame (39 O.G. 1168)]
(4) In multiple rape, insofar as the other
accused in the other acts of rape
respectively committed by them are
concerned [People v. Bernardo (38 O.G.
3479)].
C. CONTROL OF PROSECUTION
C.1. IN GENERAL
General rule: All criminal actions
commenced by a complaint or information
shall be prosecuted under the direction and
control of the prosecutor [Sec. 5, Rule 110].
Exceptions:
The private prosecutor may be authorized in
writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute
the case subject to the approval of the court.
(1) In case of heavy work schedule of the
public prosecutor or
(2) In the event of lack of public prosecutors.
However, the criminal action is still
prosecuted under the direction and control of
the public prosecutor, which requires that the
D. SUFFICIENCY OF COMPLAINT OR
INFORMATION
A 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 [Sec 3, Rule
110].
An information is an accusation in writing,
charging a person with an offense,
subscribed by the prosecutor and filed with
the court [Sec. 4, Rule 110].
An Information is
Subscribed by the
fiscal. (Indispensable
requirement. Lack of
authority of the officer
signing it cannot be
cured by silence,
acquiescence or even
express consent.)
An Information is Filed with the court.
An Information Requires no oath.
The fiscal filing the
information is acting
under the oath of his
office.
An Information Usually refers to
public crimes.
F. AMENDMENT OR SUBSTITUTION
OF COMPLAINT OR INFORMATION
KINDS OF AMENDMENT:
(1) Formal Amendment merely states
with additional precision something
which is already contained in the original
information, and which, therefore adds
nothing essential for conviction for the
crime charged [Gabionza v. CA, G.R. No.
140311 (2001)]
Examples of Formal Amendment:
(a) New allegations which relate only to
the range of penalty that the court
might impose in the event of
conviction;
(b) One which does not charge another
offense distinct from that already
charged;
(c) Additional allegation which do not
alter the prosecutions theory of the
case so as to surprise the accused or
affect the form of defense he has or will
assume;
(d) One which does not adversely affect
any substantial right of the accused,
Necessity
of leave of court:
Amendment
Can be effected
without leave of
court.
Substitution
Must be with
leave of court
Necessity
of new PI
and plea:
Amendment is
Only as to form,
no need for
another PI and
retaking of plea
In Substitution,
Another PI is
entailed and
accused has to
plead anew
Offense
involved:
In an Amendment
The amended
information
refers to the
same offense
charged in the
original
information or
to an offense
which is
included in the
original charge;
can invoke
double
jeopardy
Substitution
Involves a
different
offense which
does not
include those
provided in the
original charge;
cannot invoke
double
jeopardy
[Teehankee v.
Madayag, G.R.
No. 103102
(1992)].
Crime Venue
1. Felonies under Art. 2,
RPC:
Proper court where
criminal action was
first filed,,
2. Those committed on
a railroad train,
aircraft, or any other
public or private
vehicle in the court of
its trip:
May be instituted
and tried in the court
of any municipality or
territory where such
train, aircraft, or
other vehicle passed
during such trip,
including place of
departure and arrival.
3. Those committed on
board a vessel in the
course of its voyage:
May be instituted
and tried in the
proper court of the
first port of entry or
of any municipality or
territory through
which vessel passed,
subject to the
generally accepted
principles of
international law.
4. Piracy, which has no
territorial limits:
May be instituted
anywhere [People v.
Lol-lo and Saraw,
G.R. No. 17958
(1922)].
5. Libel: May be instituted at
the election of the
offended party or
suing party in the
province or city,
subject to Art. 360,
RPC.
6. Cases filed under BP
22:
May be filed in the
place where the
check was
dishonored or issued,
or in case of a crosscheck,
in the place of
the depositary or
collecting bank
7. Violations of RA
10175 (Cybercrime
Prevention Act of
2012):
RTCs have
jurisdiction over any
violation of the
provisions of the Act,
including any
violation committed
by a Filipino national
regardless of the
place of
commission [Sec.
21]
8.In exceptional
circumstances to
ensure a fair trial and
impartial inquiry:
SC has the power to
order a change of
venue or place of trial
to avoid miscarriage
of justice [Sec. 5(4),
Art. VII, Constitution].
H. INTERVENTION OF OFFENDED
PARTY
E. PREJUDICIAL QUESTION
E.1. ELEMENTS
A prejudicial question is that which arises in a
case the resolution of which is a logical
antecedent of the issue involved
therein, and the cognizance of which pertains
to another tribunal. [People v. Consing, G.R.
No. 148193 (2003)]
Elements of a prejudicial question:
(1) The previously instituted civil action
involves an issue similar or intimately
related to the issue raised in the
subsequent criminal action; and
(2) The resolution of such issue determines
whether or not the criminal action may
proceed [Sec. 7, Rule 111].
A civil action may be considered prejudicial
when the following concur:
(1) The civil case involves facts intimately
related to those on which the criminal
prosecution would be based;
(2) In the resolution of the issue/s raised in
the civil action, the guilt/innocence of the
accused would necessarily be determined;
(3) Jurisdiction to try the action is lodged in
another tribunal [Prado v. People, G.R. No.
L-37652 (1984)];
(4) The action is instituted prior to the
institution of the criminal action [Pimentel
v. Pimentel, G.R. No. 172060 (2010)].
Ratio: The rule seeks to avoid two conflicting
decisions in the civil case and in the criminal
case [Sy Thiong Shiou vs Sy Chim, G.R. No.
174168 (2009)].
E.2. EFFECT
General rule: Where both a civil and a
criminal case arising from the same facts are
filed in court, the criminal case takes
IV. Preliminary
Investigation
A. NATURE OF RIGHT
A.1. DEFINITION
It is an inquiry or proceeding to determine
whether there is sufficient ground to
engender a well-founded belief that a crime
has been committed and the respondent is
probably guilty thereof, and should be held
for trial [Sec. 1, Rule 112].
Preliminary Investigation is merely
inquisitorial, and it is often the only means of
discovering the persons who may reasonably
be charged with a crime, to enable the
prosecutor to prepare his complaint or
information. It is not a trial of the case on the
merits and does not place the persons
against whom it is taken in jeopardy.
[Paderanga v. Drilon, G.R. No. 96080 (1991)]
It is an executive, not a judicial function
[Metropolitan Bank and Trust Company v.
Tonda, G.R. No. 134436 (2000)].
A.2. RIGHT TO PRELIMINARY
INVESTIGATION
The right to preliminary investigation is a
statutory right in those instances where it is
required, and to withhold it would violate the
constitutional right to due process [People v.
Oandasa, G.R. No. L-29532 (1968)].
It is not a mere formal or technical right but a
substantial right.
B. PURPOSES OF PRELIMINARY
INVESTIGATION
(1) To determine whether or not a crime has
been committed and whether or not there
is probable cause to believe that the
accused is guilty [Raro v. Sandiganbayan,
G.R. No. 108431 (2000)];
(2) To secure the innocent against hasty,
malicious and oppressive prosecution,
and to protect him from an open and
public accusation of a crime, from the
trouble, expense, anxiety of a public trial,
and also protect the state from useless
and expensive trials [Tandoc v. Resultan,
G.R. No. 59241-44 (1989)].
INVESTIGATION
Defendants counter-affidavit
It must be made within 10 days from
receipt of complaint, and must comply
Clarificatory hearing
Hearing is conducted only if there are
such facts and issues to be clarified
from a party or a witness.
The investigator must conduct a
hearing within 10 days from receipt of
the counter-affidavit. The hearing must
be finished in 5 days.
Parties may be present evidence, but
they have no right to examine or crossexamine.
Questions of parties shall be
submitted to the investigating officer.
Within 10 day after the investigation,
the officer shall determine whether or
not there is sufficient ground to hold
respondent for trial [Sec. 3(e), Rule 112].
D. RESOLUTION OF THE
INVESTIGATING PROSECUTOR
If he finds probable cause to hold
respondent for trial, he shall prepare a
resolution and certify under oath in the
information that:
(1) He or an authorized officer has personally
examined the complainant and his
witnesses;
(2) That there is reasonable ground to
believe that a crime has been committed
and that the accused is probably guilty
thereof;
(3) That the accused was informed of the
complaint and evidences against him;
E. REVIEW
1
Within 5 days from resolution, the
investigating officer will forward the
case to the prosecutor or to the
Ombudsman in cases cognizable by the
Sandiganbayan in the exercise of its
original jurisdiction.
2
Within 10 days from receipt of the
resolution, the Prosecutor/Ombudsman
will act on the case.
2
Within 10 days after the filing of the
complaint/information, if the judge
finds no PC after personally evaluating
the evidence or after personally
examining in writing and under oath the
complainant and his witnesses in the
form of searching questions and
answers, he shall dismiss the same.
3
The judge may require submission of
additional evidence within 10 days from
notice, to determine the existence of
PC.
4
If the judge still
finds no PC
despite the
additional
evidence, he shall
dismiss the case
within 10 days
from its
submission or
expiration of said
period.
If the judge finds
PC, he shall issue
a warrant of arrest
or a commitment
order (if already
arrested) and hold
him for trial.
5
If the judge is
satisfied that
there is no need to
place the accused
under custody, he
may issue
summons instead.
H. REMEDIES OF ACCUSED IF
THERE WAS NO PRELIMINARY
INVESTIGATION
H.1. EFFECT OF DENIAL OF RIGHT
The absence of PI [Villaflor v. Vivar, G.R. No.
134744 (2001)]:
(1) Does not impair the validity of the
information or otherwise render it
defective;
(2) Does not affect the jurisdiction of the
court;
(3) Does not constitute a ground for quashing
the information.
REMEDIES OF THE ACCUSED IF THERE
WAS NO PI:
(1) Refuse to enter a plea upon arraignment
and object to further proceedings upon
such ground;
(2) Insist on a preliminary investigation;
(3) File a certiorari, if refused;
(4) Raise lack of PI as error on appeal [United
States v. Banzuela, G.R. No. L-10172 (1915)]
The trial court, instead of dismissing the
information, should hold in abeyance the
proceedings and order the public prosecutor
to conduct a PI [Villaflor v. Vivar, G.R. No.
134744 (2001)].
After the filing of the complaint/information
in court without a PI, the accused may within
5 days from the time he learns of its filing,
ask for a PI with the same right to adduce
evidence in his defense as provided in Rule
112 [Sec. 6, Rule 112].
H.2. RESTRAINING PRELIMINARY
INVESTIGATION
General rule: The power of the Fiscal to
investigate crimes committed within his
jurisdiction will, ordinarily, not be restrained.
Exceptions: Extreme cases may exist where
relief in equity may be availed of to stop a
purported enforcement of a criminal law
where it is necessary:
(1) For the orderly administration of justice;
(2) To prevent the use of the strong arm of
the law in an oppressive and vindictive
manner;
(3) To avoid multiplicity of actions;
(4) To afford adequate protection to
constitutional rights; and
(5) In proper cases, because the statute
relied upon is unconstitutional, or was
held invalid [Ladlad v. Velasco, G.R. No.
172070-72 (2007)].
I. INQUEST