The Revised Rules on Criminal Procedure

RULE 110
Prosecution of Offenses RULE 111 Prosecution of Civil Actions

No act is a crime unless it is made so by statute. The state having the right to declare what acts are criminal, within certain well defined limitations, has a right to specify what act or acts shall constitute a crime, as well as what proof shall constitute prima facie evidence of guilt, and then to put upon the defendant the burden of showing that such act or acts are innocent and are not committed with any criminal intent or intention." (emphasis and underscoring ours, cited in the fairly recent case of Dizon-Pamintuan v. People of the Philippines, G.R. No. 111426, July 11, 1994)

Example: Pacman suffered bruises and got knocked out in his fight with Hutton. Is there a crime committed?

No. because the boxing he engaged in

was an authorized event by the Philippine Sports Commission.

How about, if after this lecture, two of you engage in heated arguments and one of you imagines that he is Pacquiao while the other is Hatton and a fistfight ensued and both you suffers physical injuries. Is there a crime committed?

Yes. There is a crime committed because what took place is not a boxing event authorized by the Philippine Sports Commission.
What crime may have been committed? Physical injuries Three kinds: 1. Slight Physical Injuries ((1 to 9 days) 2. Less Serious Physical Injuries (10 to 30 days) 3 Serious Physical Injuries (30 days or more, suffer defomities, senses were affected)

LESSON: The act is not a crime when there is no law punishing it

Example:

There is no law prohibiting you from having several girlfriends even if with verbal promise to marry. However, if you marry 2 or more of your girlfriends you will be tried for bigamy.

CRIMES MALA IN SE are punished by the Penal Code

- those that are wrong from the very beginning, that it should be abhorred, and everything, it is by its very nature wrong - Intent is essential Ex. stealing the property of another, killing people not in the act of self-defense and rape CRIMES MALA PROHIBITA are punished by special laws - Intent is not essential as long as the crime is committed voluntarily Ex. Election period, Liquor ban

RULE 110 - Prosecution of Offenses Where to file complaint? Preparation of Complaint-Affidavit

Jurisdiction
Who can file a complaint?

Civil and Criminal Aspects of the case

RULE 110

WHERE TO FILE Section 1. Institution of criminal actions. Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws.

RULE 112. Section 1. Preliminary investigation defined; when required. Preliminary investigation 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. COMPLAINT-AFFIDAVIT SUMMONS COUNTER AFFIDAVIT REPLY AFFIDAVIT REJOINDER AFFIDAVIT RESOLUTION/DECISION FILE INFORMATION WITH COURT

PREPARATION OF COMPLAINT Name of the Offended Party Name and Surname Name of the Accused - Name and Surname or Nickname. Describe under a fictitious name (John Doe) with description of physical attributes. Address of the Accused the exact place where he could be found or last known address Designation of the Offense Normally, we leave this to the prosecutor to determine what crime the accused is indicted based on the accusations

Continuation.

Cause of the Accusation - The acts or omissions complained of as constituting the offense, must be stated in ordinary and concise language sufficient to enable a person of common understanding to know what offense is being charged. Date and Time of Commission - when it is a material ingredient of the offense. On the eve of the election when there is a liquor ban Place of Commission - offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court

JURISDICTION Sec. 15. Place where action is to be instituted. (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. (b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.chan robles virtual law library (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.

Example: Soldier 1 and Soldier 2 were at the MRT Taft Station on their way to Camp Aguinaldo. Upon entry into te train, Soldier 1 pushed Soldier and the latter got irritated. They gave a stern look at one another and without warning Soldier 2 punched Soldier 1 on the nose and fight ensued from Taft Station to North Station (Magallanes, Ayala, Buendia, Guadalupe, Boni, Shaw Boulevard, Oetigas, Santo, Cubao, Gma-Kamuning, Quezon Avenue and North Avenue)

Who can file?

Offended party any private individual or their relatives Any Peace officer members of the Philippine National Police and barangay officers Other public officer charged with the enforcement with the enforcement of the law violated BIR, NBI, CIDG

Public Crime any person can initiate the case Private crimes - only the private offended party can initiate the case. (Adultery and concubinage, defamation which consists in the imputation of adultery, concbinage, seduction, abduction, acts of lasciviousness). Example: You saw your kumare went to Victoria Court with a man who is not your kumpare. You were curious, and luckily there is a small hole where you peeped through and you saw what happened and you waited. After three hours, you saw them both went out. Again you saw them the next day at thr same time and again you waited. This happened for a week, you were trying to locate your kumpare to tell him about this, but you could not find him or contact. Your kumpare is very close to you and in fact he told you to watch over his wife. So you feel guilty knowing all these things. Your conscience kept bothering you. You ccould not sleep, you could not eat. So one day, you got up and decided to report the matter to the police. What do you think will happen?

You may be shocked because the police officer will just tell you that you can not file a complaint for adultery against the wife of your kumpare and the man because adultery is a private crime.

People of the Philippines vs. Juan dela Cruz Sec. 2. The complaint or information The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
Just as a crime is an outrage against the peace and security of the people at large, so must its vindication be in the name of the people.

Civil Aspect of the case So what is now your participation in criminal cases? Every person criminally liable for a felony is also civilly liable (Art. 100, RPC) The intervention of the offended party in criminal prosecutions is predicated on his right to enforce his criminal liability borne out of the criminal act and not of demanding punishment for the accused.

RULE 111 PROSECUTION OF CIVIL ACTION Damages Actual damages Moral damages Nominal Temperate or exemplary damages Example:

Rape: Clothing is Christian Dior amounting to P100,000 Moral and Exemplary Damages Nicole 100t , so as not to encourage Reckless imprudence resulting to damage of property,
Nominal damages the right of the plaintiff which has been violated may be vindicated (The driver of a carnapped vehicle hit the concrete wall)

Effect of death on Civil Actions

Before Arraignment criminal action dismissed, civil action may be filed against estate of the deceased (e.g. BP 22) After Arraignment extinguish civil liability arising from delict but other obligtion may be filrd against the estate of the deceased (e.g Randy Santiago)

RULE 116 - ARRAIGNMENT AND PLEA Section 1. Arraignment and plea; how made. - (a) The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than those named in the complaint or information. (b) The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings. (c) When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him. xxxx

EXERCISE:

Eduardo Quintos, a widower for the past 10 years, felt that his retirement at the age of 70 gave him the opportunity to engage in his favorite pastime voyeurism. If not using his high-powered binoculars to peep at his neighbor's homes and domestic activities, his second choice was to follow sweet young girls. On April 1, 2009, at around 8:00 a.m. he trailed Maria Smith up to the LRT station at EDSA-Buendia. While ascending the stairs, he stayed one step behind her and in a moment of bravado, placed his hand on her left hip and gently massaged it. She screamed and shouted for help. From the above stated facts draft a complaint affidavit.