Professional Documents
Culture Documents
Adultery
2. Concubinage
NOTE: these crimes shall not be prosecuted except upon a complaint filed by the
Prosecution of Criminal Action: offended spouse
Under the supervision of the PUBLIC PROSECUTOR RULE: PROSECUTOR CANNOT PROSECUTE THE CASE WHERE NO
1. Direct supervision COMPLAINT IS FILED BY THE OFFENDED SPOUSE
2. Control Cannot be instituted against one party alone! AGAINST BOTH GUILTY
PARTIES!
When PRIVATE PROSECUTOR intervenes Cases where it cannot be prosecuted
Allowed ONLY where the civil action is INSTITUTED in the criminal action If the offended party has consented to the offense or has pardoned the
Remember that civil actions are deemed instituted offenders (express/implied)
If the offended party
1. Waives 3. Seduction
2. Reserves 3. Abduction
3. Institutes civil action prior to the criminal action 3. Acts of lasciviousness
SAME RULE: cannot be prosecuted except upon a complaint filed by the:
The PRIVATE PROSECUTOR CANNOT INTERVENE! 1. Offended party even if minor, still has the right to initiate
Exception on the involvement of the private prosecutor: 2. Parents
If he is authorized to do so in writing 3. Grandparents or legal guardian
He may prosecute up to the end of the trial 4. State
Provided, the authorization shall be given by either the Chief of the 6. Defamation
Prosecution Office or the Regional State Prosecutor -- should be the imputation of the offenses of adultery, concubinage,
AND, must be approved by the court seduction, abduction, and acts of lasciviousness
HOWEVER, it may be revoked or withdrawn by the public prosecutor any SIMILAR RULE: filed by the offended party
time
Since prosecution is under the control and supervision of the PUBLIC V COMPLAINT OR INFORMATION
PROSECUTOR, it follows that the SC CANNOT compel the former to file and Complaint, defined.
information, or prosecute a person if he believes that there is no probable cause in Sworn written statement
doing the same! Charging a person with an offense
Exception: grave abuse of discretion on the public prosecutor Subscribed by the offended party, any peace officer, or other public officer
Name: People of the Philippines
Hierarchy: Private offended parties only as witnesses
DOJ ------ SEC of Justice ------- PROSECUTORS Thus they may not appeal the dismissal of a criminal case or the acquittal
ONLY the civil aspect
Criminal action in MTC or MCTC prosecuted under the public prosecutor In so doing, the private offended party who appeals must prosecute in his
If public prosecutor is absent or not available, may be prosecuted by: own personal capacity
1. Offended party So how then can a dismissal or acquittal of the criminal case be appealed?
2. Any peace officer CAN ONLY BE APPEALED BY THE OSG
3. Public officer charged with the enforcement of the law violated Reason: private offended party has no legal personality to do so
Chapter12, Title III, Book IV of the Admin. Code
III PROSECUTION OF PRIVATE CRIMES
What are these crimes?
Only the OSG can bring and/or defend actions on behalf of the Answer: The allegation of facts is controlling because the nature and character of
Republic or represent the people or the State in criminal proceedings pending in the the crime charged are determined not by the designation of the specific crime, but by
Supreme Court and the CA the facts alleged in the information. So even if the information is defective, the
Information, defined. allegation of facts must be preferred over the defective information. Allegation in the
Accusation in writing information, not the technical name given by the prosecutor.
Not required to be sworn; because the prosecutor is under the oath Question: What happens if there is a mistake on the name of the accused?
of his office Answer: A mistake in the name of the accused is not equivalent, and does not
Charging a person with an offense necessarily amount to, a mistake in the identity of the accused especially when
Subscribed by the prosecutor sufficient evidence is adduced to show that the accused is pointed to as one of the
And filed with the court perpetrators of the crime. However, the identity must be proven.
Name: People of the Phils
In offenses against property it is enough that the property is described with such
What happens if there is infirmity of the signature in the information? particularity as to properly identify the offense charged.
The information confers jurisdiction on the court, thus if there is infirmity
invalid Statement of the qualifying and aggravating circumstances:
An infirmity in the information, such as lack of authority of the officer signing Needed since without it, the accused cannot be convicted of
it, cannot be cured by silence, acquiescence, or even by express consent qualifying or aggravating circumstance even if proven in court
The complaint or information should include the ff (sufficiency test): Even if an aggravating circumstance had been proven, but was not alleged,
1. Name all of the accused courts will not award exemplary damages!
2. Designation of the offense given by the statute Reason: tantamount to denial of due process since the accused is deprived
3. Acts/omissions complained of - should be described with such particularity to be informed of the charges against him!
as to appraise the accused, with reasonable certainty, of the offense charged How about mitigating? no need. The accused may be convicted with
a. Offense being charged mitigating circumstances, since the nature of it is in favor of the accused
b. Acts or omissions complained of VI. VENUE OF CRIMINAL ACTIONS
c. Qualifying and aggravating circumstances Criminal action shall be instituted and tried in the court of the municipality or territory:
2. Name of the offended party a. Where the offense was committed
3. Approximate date of the commission unless material element/ingredient b. Where any of its essential ingredients occurred
of the crime VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR
4. Place where the offense was committed INFORMATION
Purpose: TO ENABLE THE ACCUSED TO SUITABLE PREPARE FOR HIS Before plea or arraignment leave of court not required
DEFENSE, SINCE HE IS PRESUMED TO HAVE NO INDEPENDENT KNOWLEDGE Without leave of court
OF THE FACTS THAT CONSTITUTE THE OFFENSE! Any formal or substantial amendment may be made
Note: sufficiency of information is not negated by an incomplete or defective After plea or arraignment
designation of the crime. Failure to specify the correct crime committed will not bar Amendment is prohibited
conviction of the accused. Except if beneficial to the accused
Question: When is the right time to question the sufficiency or validity of the Before plea or arraignment leave of court required where:
information or complaint? The amendment downgrades the nature of the offense charged;
Answer: before arraignment or during trial, otherwise, deemed waived. The amendment excludes any accused
Actions: 1) bill of particulars; 2) quashal of the information Formal Amendment, defined.
Question: What should be given preference, the designation of the crime in the New allegations which relate only to the range of the penalty
information or the allegation of the facts? Which does not charge another offense different or distinct from that
charged in the original one
Additional allegations which do not alter the prosecutions theory in such a case, the court shall dismiss the original complaint or information
Does not adversely affect any substantial right once the new one charging the proper offense is filed
An amendment that merely adds specifications to eliminate vagueness in provided, accused will not be placed in double jeopardy
the information may be made before or after arraignment
Not to introduce new and material facts Substitution, distinguished/defined
Merely states with additional precision something which is already contained substantial change
in the original information with leave of court as the original information has to be dismissed
Adds nothing essential for conviction requires another preliminary investigation and the accused has to plead
Facts of a case: prosecutor entered his amendment by crossing out the word anew to the new information filed
Homicide and instead wrote the word Murder new information involves a different offense which does not include or is not
Issue: Is it a formal or substantial amendment? necessarily included in the original charge, hence, accused cannot claim double
Ruling: Only a formal amendment. The only change made was in the caption of the jeopardy!
case; and in the opening paragraph or preamble of the Information, with the crossing Amended information entails:
out of word Homicide and its replacement by the Murder. There was no change in the formal or substantial amendment
recital of facts constituting the offense charged or in the determination of the before plea can be without leave of court, etc
jurisdiction of the court. The averments in the amended Information for murder are only to form no need for preliminary investigation
exactly the same as those already alleged in the original information for homicide, amendment of the same offense charged hence, substantial
as there was not at all any change in the act imputed to the accused. In allowing amendments to the information after the plea has been taken cannot be made over
formal amendments in which the accused has already pleaded, it is necessary that the objection of the accused, for if the original information would be withdrawn, the
the amendments do not prejudice the rights of the accused. accused could invoke double jeopardy!
Test whether the rights of the accused are prejudiced by the amendment of a
complaint or information is: CHAPTER III PROSECUTION OF CIVIL ACTION
1. whether a defense under the complaint or information, as it originally when criminal action is instituted, the civil action is deemed included
stood, would no longer be available after the amendment is made; and every person criminally liable for felony is also civilly liable
2. When any evidence the accused might have would be inapplicable to the rule on implied institution of the civil action does not apply before the
the complaint or information. filing of the criminal action or information --- when there is no criminal case yet
Since the facts alleged in the accusatory portion of the amended information are against the respondents as when the Ombudsman is still in the process of finding
1. identical with those of the original information for homicide, probable cause to prosecute the respondent
2. there could not be any effect on the prosecutions theory of the case; Civil liability arising from the crime the governing law is rules of Criminal
3. neither would there be any possible prejudice to the rights or Procedure not rules of civil procedure!
defense of petitioner. Exception: civil action other than the one arising from the crime is not suspended
by the commencement of the criminal action because they may proceed
SUBSTITUTION OF COMPLAINT OR INFORMATION independently of the criminal proceedings.
if it appears at any time before judgment that a mistake has been made in Reservation of the civil action should be made before the prosecution starts
charging the proper offense presenting its evidence!
if it becomes manifest that the accused cannot be convicted of the offense Note: after the criminal action is commenced, the separate civil action arising
charges or of any other offense necessarily included therein, the court shall commit therefrom cannot be instituted until final judgment has been entered in the
the accused to answer for the proper offense by requiring the filing of the proper criminal action!
information. Preference is given to the resolution of the criminal action
Accused shall not be discharged if there appears good cause to detain him. If the civil action was commenced before the institution of the criminal
After the proper information is filed, it shall dismiss the original case action, the civil action shall be suspended in whatever stage it may be found
before judgment on the merits, once the criminal action is filed. The suspension shall Provided, there is a fining in a final judgment in the criminal action that the
last until final judgment is rendered in the criminal action act or omission from which the civil liability may arise did not exist!
Exception: does not apply to independent civil action since they are distinct Note: when the trial court acquits or dismisses the case on the ground of lack of
and separate from the civil action arising from the offense committed evidence to prove guilt beyond reasonable doubt, the civil action is not automatically
Another exception: prejudicial question extinguished since liability on civil action can be determined based on mere
RULE on counterclaims, etc: preponderance of evidence!
NO COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM IN A Hence, there is a requirement to state whether the prosecution absolutely failed to
CRIMINAL CASE may be filed by the accused in the criminal case but any cause of prove his guilt or merely failed to prove beyond reasonable doubt in either case it
action which could have been the subject may be litigated in a separate civil action. shall determine if the act or omission from which the civil liability might arise did not
Note that a criminal case is not the proper proceedings to determine the private exist
complainants civil liability. Example: may be acquitted but if his negligence is proved by mere preponderance of
A court trying a criminal case is limited to determining the guilt of the accused, and if evidence, he may still be civilly liable
proper, to determine his civil liability those arising only from offense. Elementary rule: payment of civil liability does not extinguish criminal liability
CAUSE OF DEATH of the accused:
If the accused dies after arraignment and during the pendency of the PREJUDICIAL QUESTION, defined
criminal action Previously instituted civil action
the civil liability arising from the crime extinguished (but this does not preclude the issued involved in a civil case
offended party from filing a separate civil action based on other sources of obligation which is similar or intimately related to the issue raised in the criminal case
may be continued) resolution of which
Dies before arraignment case dismissed but the offended party may file determines whether or not the criminal action may proceed
the proper civil action civil action instituted previously or ahead of the criminal action; must
Death prior to final judgment terminates criminal liability and only civil precede the criminal action
liability directly arising from and based solely on the offense committed (again, does civil action requires a decision before a final judgment can be rendered in
not bar for filing a separate civil action on other sources of obligation) the criminal action
Death during pendency of his appeal with SC totally extinguished the proceedings in the second case may be suspended to await the resolution of
criminal and civil action based solely on the crime. Reason: no final judgment of the prejudicial question in the first case
conviction was yet rendered by the time of his death. existence of two actions civil action and criminal action
Novation of contract: extinguishment of criminal liability the issue in the civil case needs to be resolved first before it is determined
Criminal liability is not affected by a compromise or novation of contract whether or not the criminal case should proceed or whether or not there should be, in
It may affect the civil liability but not the criminal aspect since it is a public offense the criminal case, a judgment of acquittal or conviction
which must be prosecuted and punished by the government. the issue raised in the civil action is determinative of the guilt of the accused
in the criminal aspect
EFFECT OF ACQUITTAL OR EXTINCTION OF THE PENAL ACTION ON THE the issue in the civil case is determinative of the issue in the criminal case;
CIVIL ACTION OR CIVIL LIABILITY the resolution of such issue determines whether or not the criminal action may
Degree of evidence: mere preponderance of evidence proceed
Note: extinction of the penal action does not carry with it the extinction of the civil it follows that if the resolution of the issue in the civil action will not determine
action where: the criminal responsibility of the accused in the criminal action based on the same
a. Acquittal is based on reasonable doubt facts, the civil case does not involve a prejudicial question. Neither is there a
b. Court declares that the liability is only civil prejudicial question if the civil and the criminal action can proceed independently of
c. Civil liability does not arise from or is not based upon the crime of which he each other, that is, the criminal action can proceed without waiting for the resolution
was acquitted of the issues in the civil case
However, extinction of the civil action based on delict deemed extinguished Reason: to avoid two conflicting decisions
REQUISITES:
1. civil case involves facts intimately related to those upon which the
criminal prosecution would be based;
2. in the resolution of the issues raised in the civil case, the guilt or
innocence of the accused would necessarily be determined
3. jurisdiction to try said questions must be lodged in another tribunal
Duties of the Judge; upon filing of the complaint/information Who will arrest?
1. Personally evaluate the resolution; look into its evidence Law enforcement officers are entrusted with the power to:
2. Judge may find that evidence: Conduct investigations
a. Fails to establish probable cause Make arrests
Perform searches and seizures of persons and their belongings not required to personally examine
Must be exercised within the boundaries of the law judges merely determine the probability, not the certainty, of guilt of an
accused
PROBABLE CAUSE on ARREST personally review the initial determination of the prosecutor finding probable
1. Personal knowledge by the arresting officer cause to see if It is supported by substantial evidence
2. of facts and circumstances but such personal examination is not mandatory and indispensable in the
3. that the arrestee is indeed the perpetrator of the criminal act determination of probable cause; the necessity arises only when there is an utter
failure of the evidence to show the existence of probable cause; otherwise, the judge
QUESTION: What if the act of the officer does not amount to an arrest; will the may rely on the report of the investigating prosecutor
requirements on probable cause and personal knowledge stay?
ANSWER: No. It will not be pre-requisites to the legality of the said arrest. PROBABLE CAUSE (on WARRANT OF ARREST), defined
assumes the existence of facts
REQUISITES FOR ISSUANCE OF A WARRANT OF ARREST; judges duties that would lead a reasonably discreet and prudent man to believe that a
(While on preliminary investigation, it was more on the prosecutors duty) crime has been committed or it was likely to be committed
1. it shall be issued upon finding of probable cause by the person sought to be arrested
otherwise, unreasonable, violates the constitutional right to privacy
of persons subject to such warrant In determining probable cause:
average man weighs the facts and circumstances
2. personally determined by the judge without resorting to the standards of the rules of evidence
of which he has no technical knowledge
case: AAA vs. Carbonell: judge is not required to personally he relies on common sense
examine the complainant and her witnesses in satisfying himself of the existence of demands more than suspicion
probable cause; judge should have taken into consideration the documentary requires less than evidence
evidence as well as the transcript of stenographic notes Personal determination by the judge
Ruling: The judge committed grave abuse of discretion for dismissing the criminal in Carbonell case judge is not required to personally examine the
case on the ground that petitioner and her witnesses failed to comply with his orders complainant and her witnesses; he may take into consideration the documentary
to take the witness stand. evidence, supporting affidavits
however, the Court found that the judges finding of lack of probable
Case: Soliven v. Makasiar this provision does not mandatorily require the judge to cause was premised only on the complainants and her witnesses absence during
personally examine the complainant and her witnesses. He may opt to: the hearing scheduled by the judge for the judicial determination of the probable
1. personally evaluate the report and supporting documents submitted by the cause
prosecutor; or therefore, absence of the complainant or the witnesses, or failure or
2. disregard the prosecutors report and require the submission of supporting refusal to take the witness stand would not warrant the existing of probable cause #lol
affidavits of witnesses #dontstatetheobviousclairy
SC found that the judge committed grave abuse of discretion for
but such personal examination is not mandatory and indispensable dismissing the criminal case on the ground that petitioner and her witness failed to
in the determination of probable cause; the necessity arises only when there comply with his orders to take the witness stand
is an utter failure of the evidence to show the existence of probable cause; Judge may disregard the fiscals report and require the submission of supporting
otherwise, the judge may rely on the report of the investigating prosecutor affidavits of witness to aid him in determining probable cause case: Soliven v
Makasiar
The Judge must:
satisfy himself of the existence of probable cause
Judges just personally review the initial determination of the The officer also has the duty to deliver the person arrested to the nearest police
prosecutor finding a probable cause to see if it is supported by substantial station or jail without necessary delay.
evidence
Personal examination not mandatory and indispensable; When the person to be arrested is INSIDE a BUILDING
When personal examination is required (literal) 1. The officer is authorized
Only when there is utter failure to show the existence of probable cause 2. To break into any building or enclosure
Otherwise, judge may validly rely (not solely hence, evaluation of 3. In case he is refused admittance
documentary evidence) on the report of the prosecutor , provided that he likewise 4. After announcing his authority and purpose
evaluates the documentary evidence in support thereof 5. If necessary, he may break out from said place to liberate himself
He should not rely solely on the report of the investigating prosecutor but
must also evaluate the documentary evidence and affidavits, and stenographic notes LAWFUL WARRANTLESS ARREST*
If the report, taken together with the supporting evidence, is sufficient to 1. in flagrante delicto in his presence, the person to be arrested, is
sustain a finding of probable cause, it is not compulsory that a personal examination actually committing or is attempting to commit an offense
of the complainant and his witnesses be conducted a. citizens arrest is allowed
Never allowed to follow blindly the prosecutor 2. hot pursuit an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts/circumstances that the
When directly filed with the MTC person to be arrested has committed it
1. Judge shall personally evaluate the evidence; or 3. escapee when the person to be arrested is a prisoner who has escaped
2. Personally examine in writing and under oath the complainant and his *the exception to the general rule that a warrant of arrest is required before an arrest
witnesses in the form of searching questions and answers is made
Method of Arrest with a warrant
1. Warrant is issued by a judge WHAT is CITIZENS ARREST?
2. Delivered to the proper law enforcement officer for execution a private person, may without a warrant, arrest a person when, in his
3. Head of the office to whom the warrant of arrest was delivered shall cause presence, the person to be arrested is in flagrante
the warrant to be executed within 10 days from its receipt Who may make the warrantless arrest?
4. Within 10 days after the expiration of the period, the officer to whom it was 1. Peace officer
assigned for execution shall make a report to the judge who issued the warrant 2. Private person
5. In case of his failure to execute, he shall state the reasons for its non- 3. a bondsman
execution
Procedure of arrest by virtue of a warrant; the OFFICER SHALL: Requisites of in flagrante delicto
1. Inform the person to be arrested of the cause of his arrest; 1. accused must perform an overt act
2. Inform him of the fact that a warrant has been issued 2. done in the presence or within the view of the arresting officer
mere suspicion and reliable information not justification for a warrantless
The information need not be made when the person to be arrested: arrest!
1. Flees
2. Forcibly resists CASES where warrantless arrest is upheld
3. Giving of the information will imperil the arrest The HOT PURSUIT exception
NOTE: The officer need not have the warrant in his possession at the time of REQUIREMENTS:
the arrest. However, after the arrest, the warrant shall be shown to him as soon as 1. Offense has just been committed
practicable, if the person arrested so requires. 2. The person making the arrest has personal knowledge of facts indicating
that the person to be arrested has committed it
d. To be visited by the immediate members
Note: a warrantless arrest made, one year after the offense was allegedly committed
is an illegal arrest! Custodial investigation in a form of an invitation to person who is investigated in
connection with the offense he is suspected to have committed
Does not require the officers to personally witness the commission of the
offense; PERSONAL KNOWLEDGE must be based on PROBABLE CAUSE Effect of an ILLEGAL ARREST on JURISDICTION of the court
actual belief or reasonable grounds of suspicion. Legality of the arrest affects only the jurisdiction of the court over the
person
Reasonable ground: Waiver of an illegal warrantless arrest does not mean a waiver of the
1. Based on actual facts inadmissibility of evidence seized during an illegal warrantless arrest.
a. Supported by circumstances sufficiently strong in themselves to create Chapter XI JUDGMENT
probable cause of guilt
b. Probable cause with good faith Judgment, defined.
Method of arrest WITHOUT a WARRANT Adjudication by the court
1. Arrest by an officer; he shall inform: That accused is guilty or not guilty
a. Of his authority Imposition of the proper penalty
b. Cause of his arrest And civil liability
The info need not be given if:
a. If the person to be arrested is engaged in the commission of an offense Formal Requisites of Judgment:
b. In the process of being pursued immediately after its commission 1. Written in the official language
c. Escapes or flees 2. Personally and directly prepared an signed by the judge
d. Forcibly resists before the officer could inform him 3. Must contain clearly and distinctly
e. The information will imperil the arrest a. Statement of facts
Officer may: b. Law
Summon assistance
Break into a building or an enclosure or break out from it Jurisdictional requirements:
a. over the subject matter
2. Arrest by private person; he shall inform b. territory
a. His intention to arrest him c. person of the accused
b. Cause of his arrest
*need not be given under the same conditions above Contents of a judgment of CONVICTION
a. legal qualification
NOTE: the right to break into a building or an enclosure does not apply to private b. aggravating and mitigating circumstances
person!! c. participation of the accused; principal, accomplice, accessory
d. penalty imposed
TIME OF ARREST: any day; any time of the day or night e. civil liability or damages
Variance doctrine; variance between allegation and proof When judgment becomes FINAL
a. offense proved is different from the offense charged a. After the lapse of the period for perfecting an appeal; or
b. offense charged is either included in the offense proved or necessarily b. When the sentence has been partially or totally satisfied or served
includes the offense proved c. When the accused has waived his right to appeal
d. He has applied for probation
General rule: convicted only of the offense charged
Exception: variance doctrine; may be convicted of the: Entry of judgment
offense proved which is included in the offense charged or of the offense After judgment has become final, it shall be entered in accordance with
charged which is included in the offense proved Section 8, Rule 120, Rules of Court