CRIMINAL PROCEDURE

RULE 110: PROSECUTION OF OFFENSES

Section 1: Institution of criminal actions.
a. Offenses
where
preliminary
investigation(P.I)
is
required
(pursuant to Sec. 1 of Rule 112):
*Filing of complaint with the
proper officer.
*proper officer (rule 112, Sec 2)
Provincial/ City Prosecutor and
their assistants; National &
Regional State Prosecutors; and
other officers authorized by law.
b. All other offenses:
*filing of complaint or information
directly with the MTC, or the
complaint with the office of the
prosecutor.
*in Manila and other chartered
cities, the complaint shall be filed
with the office of the prosecutor
unless otherwise provided in their
charters.
The institution of the criminal action
shall interrupt the period of prescription
of the offense charges unless provided
in special laws.
1. Definitions:
a. Complaint
RULE 110. SECTION 3. COMPLAINT
DEFINED

A
sworn
written
statement charging a person with
an offense subscribed by the
offended party, any peace officer,
or public officer charged with the
enforcement of the law violated.
The complaint as defined under Section
3 is different from the complaint filed
with the Prosecutors Office. The
complaint mentioned in this section
refers to one filed in court for the
commencement
of
a
criminal
prosecution for violation of a crime,

usually cognizable by municipal trial

courts as well as to a complaint filed by
an offended party in private crimes or
those which cannot be prosecuted de
officio.
Requisites of a Complaint: (SCOWP)
1. It must be subscribed by the
offended party, by any peace
officer or public officer charged
with the enforcement of the law
violated;
2. It must charge a person with an
offense;
3. It must be under oath and in
writing; and
4. It must be in the name of the
People of the Philippines.
b. Information
RULE
110.
SECTION
4.
INFORMATION DEFINED An
accusation in writing charging a
person
with
an
offense,
subscribed by the prosecutor
and filed with the court.
Requisites: (WCSF)
1. It must be in writing;
2. It must charge a person with an
offense;
3. It must be subscribed by the
fiscal; and
4. It must be filed in court.
Complaint
Subscribed by the
offended party, any
peace officer or
other
officer
charged with the
enforcement of the
law violated.

Information
Subscribed by the
fiscal.
(Indispensable
requirement)

It

It is filed with the

may

be

filed

Purpose of P.I. or a Previous Inquiry

of Some Kind:

either in court or in
the
prosecutors
office.

court.

It must be made
under oath.

It need not be
under oath. The
fiscal who files it is
already
acting
under his oath of
office.

It usually refers to
felonies
which
cannot
be
prosecuted
de
officio.

It usually refers to
public crimes.

2. Define/explain/purposes:
RULE 112. SEC. 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.
Except as provided in Section 7 of this
Rule, a preliminary investigation is
required to be conducted before the
filing of a complaint or information for
an offense where the penalty prescribed
by law is at least four (4) years, two (2)
months and one (1) day without regard
to the fine.
Purpose: to determine whether there
is a sufficient ground to engender a
well-grounded belief that a crime has
been
committed
and
that
the
respondent is probably guilty thereof,
and should be held for trial. And id=f
the
evidence
so
warrants,
the
investigating prosecutor is duty bound
to file the corresponding information.

a. For investigating prosecutor to

determine if a crime has been
committed.
b. To protect the accused from the
inconvenience,
expense
and
burden of defending himself in a
formal trial unless the reasonable
probability of his guilt shall have
been first ascertained in a fairly
summary
proceeding
by
a
competent officer.
c. 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 and anxiety of a
public trial;
d. To protect the state from having
to conduct useless and expensive
trials.

Scope: merely inquisitorial, the only

means of discovering the person who
may be reasonably charged with a
crime, to enable the fiscal to prepare
his complaint or information.
a. Preliminary investigation by
prosecutor

P.I
or
reinvestigation, unlike trial, is
summary in nature. The direct
examination of witnesses is
substituted by the complainants
sworn statement and that of his
witnesses, and by the counteraffidavit of the respondent and
his witnesses. Purpose: to
determine if there is probable
cause to proceed with criminal
prosecution.
b. Preliminary investigation by
trial judge While an RTC Judge
may no longer conduct P.I. to
ascertain
whether
there
is

sufficient ground for the filing of

a
criminal
complaint
or
information, he retains the
authority
when
such
a
pleading is filed with his
Court, to determine whether
there
is
probable
cause
justifying the issuance of
warrant of arrest. It might be
added
that
this
distinction
accords, rather than conflicts,
with the rationale of Salta
because both law and rule, in
restricting judges the authority to
order arrest, recognize that
function to be judicial in nature.
Purpose: to determine whether
there is probable cause to issue
warrant of arrest.
3. Demurrer to evidence in criminal
vs. civil cases
On Criminal Procedure:
SECTION
23.
DEMURRER
TO
EVIDENCE It is a motion to dismiss due
to the insufficiency of the evidence
presented by the prosecution to
overturn the presumption of innocence
in favor of the accused.
When can
prosecution
may dismiss
insufficiency

it be filed? After the

rests its case, the court
the action on the ground of
of evidence:

1. On its own initiative after giving

the prosecution the opportunity
to be heard; or
2. Upon demurrer to evidence filed
by the accused with or without
leave of court.
If the court denies the demurrer to
evidence filed with leave of court, the
accused may adduce evidence in his
defense. When the demurrer to
evidence is filed without leave of court,

the accused waives his right to prevent

evidence and submits the case for
judgment on the basis of the evidence
for the prosecution.
The motion for leave of court to file
demurrer
to
evidence
shall
specifically state its grounds and
shall be filed within a non-extendible
period of five (5) days after the
prosecution rests its case. The
prosecution may oppose the motion
within a non-extendible period of five
(5) days from its receipt.
If leave of court is granted, the
accused shall file the demurrer to
evidence within a non-extendible
period of ten (10) days from notice.
The prosecution may oppose the
demurrer to evidence within similar
period from its receipt.
The order denying the motion for
leave of court to file demurrer to
evidence or the demurrer itself shall
not be reviewable by appeal or by
certiorari before judgment.

Purpose for requirement to obtain

leave of court: To determine whether
or not the defendant in a criminal case
has filed the demurrer merely to stall
the proceedings (People v. Mahinay,
G.R. No. 109613, July 17, 1995).
If the demurrer is sustained by the
court, the order of dismissal is
tantamount to an acquittal. Hence, it is
not appealable.
Reason
why
not
appealable:
Because it will place the accused in
double jeopardy (Bangayan Jr. v
Bangayan, G.R. No. 172777, October
19, 2011).

Requisites for Double Jeopardy

under Section 7, Rule 117: A
previous case must be filed and must
contain the following:
1. The complaint or information or
other
formal
charge
was
sufficient in form and substance
to sustain a conviction and the
court had jurisdiction;
2. The accused had been arraigned
and the accused had entered a
valid plea; and
3. There was a final judgment of
conviction or acquitted or the
case was dismissed without his
express consent;
4. Then a subsequent complaint or
information is filed containing a
crime that is: (SAF-NIs-NId)
a. The same offense; or
b. An attempt to commit
the said offense; or
c. A frustration of the said
offense; or
d. Any
offense
which
necessarily includes the
first offense charged or
e. Any
offense
which
necessarily included the
first offense charged.
On the civil liability:
If demurrer is granted and the accused
is acquitted by the court, the accused
has the right to adduce evidence on the
civil aspect of the case unless the court
also declares that the act or omission
from which the civil liability may arise
did not exist.
If the trial court issues an order or
renders judgment not only granting the
demurrer to evidence of the accused
and acquitting him but also on the civil
liability of the accused to the private
offended party, said judgment on the
civil aspect of the case would be a

nullity for the reason that the

constitutional right of the accused to
due process is thereby violated (Salazar
v. People G.R. No. 151931, September
23, 2003).
The order denying the motion for leave
of court to file demurrer to evidence or
the demurrer itself shall NOT be
reviewable by appeal or by certiorari
before judgment since it is considered
an interlocutory order.
On Civil Procedure:
RULE 33. SECTION 1. Demurrer to
evidence After the plaintiff has
completed the presentation of his
evidence, the defendant may move for
the dismissal on the ground that upon
the facts and the law the plaintiff has
shown no right to relief. If his motion is
denied, he shall have the right to
present evidence. If the motion is
granted but on appeal the order of
dismissal is reversed he shall be
deemed to have waived the right to
present evidence.
Distinction between Demurrer to
Evidence in Civil Procedure vs. in
Criminal Procedure:
1. In CIVIL cases when the demurrer
is denied, the defendant will now
present his evidence to prove his
defense because the defendant
does not waive his right to
present
in
the
event
the
demurrer is denied; whereas
In CRIMINAL cases, if the
demurrer of the accused is
denied the accused is no longer
allowed to present evidence if he
had no prior leave of court;
2. In CIVIL cases, if the defendants
demurrer is granted and the case
is dismissed and the plaintiff

appeals to the appellate court

and on appeal the court reverses
the order of dismissal, the
appellate court renders judgment
immediately in favor of the
plaintiff. Goodbye! talo na ang
defendant.
There is no more
remanding. The defendant loses
his right to present evidence;
whereas

persons should remain under custody

and correspondingly be charged in
court (DOJ Circular No. 61, September
21, 1993).

In CRIMINAL cases, if the

demurrer is granted, there is no
more appeal by the prosecution
because the accused has already
been acquitted. Otherwise, there
will be a case of double jeopardy;
3. In CIVIL cases, the court cannot
on its own initiative, dismiss the
case after the plaintiff rests
without any demurrer by the
defendant. There is no such thing
as
motu
propio
demurrer;
whereas
In CRIMINAL cases, the court may
dismiss the action on its own
initiative
after
giving
the
prosecution
the
chance
to
present its evidence.
In both cases, the motion is raised
only after the prosecution or the
plaintiff has presented his case and the
ground is based on insufficiency of
evidence.
SECTION
6.
WHEN
LAWFULLY
ARRESTED
WARRANT

ACCUSED
WITHOUT

Inquest - An informal and summary

investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained without
the benefit of a warrant of arrest issued
by the court for the purpose of
determining whether or not said

Inquest
proceedings
must
be
terminated within the period prescribed
under the provisions of Article 125 of
the Revised Penal Code, as amended:
1. Crime
punishable
by
light
penalties: within twelve (12)
hours;
2. Crime punishable by correctional
penalty: within eighteen (18)
hours; and
3. Crime punishable by afflictive or
capital punishment: within thirtysix (36) hours.
Two situations contemplated under this
section:
1. When a person is lawfully
arrested without a warrant for an

offense requiring a preliminary

investigation (Rule 112, Sec. 1)
and no complaint or information
has yet been filed, he may ask
for a preliminary investigation by
signing a waiver of the provisions
of Art. 125 of the Revised Penal
Code in the presence of his
counsel; and
2. When
the
complaint
or
information was filed without
preliminary investigation, the
accused may, within five (5) days
from the time he learns of the
filing of the information, ask for a
preliminary investigation with the
same right to adduce evidence in
his
favor
in
the
manner
prescribed in this Rule.

without bail but in

recognizance
of
another

Bail on recognizance
RULE
114.
SECTION
15.
RECOGNIZANCE Whenever allowed
by law or these Rules, the court may
release a person in custody on his own
recognizance or that of a responsible
person.
-- It refers to an obligation of record,
entered into before some court or
officer authorized to take it with a
condition to do some particular act, the
most usual condition in criminal cases
being the appearance of the accused
for trial.
Note: The release of the accused may
be on his own recognizance, which
means that he has become his own
jailer (Character Loan).
SECTION 16. BAIL WHEN NOT
REQUIRED;
REDUCED
BAIL
ON
RECOGNIZANCE Instances wherein the
accused
may
be
released
on
recognizance, without putting Bail or on
reduced Bail
Can

be

released

1. R.A.

6036

Offense
charged
is
violation of an
ordinance,
light felony or
a
criminal
offense,
the
imposable
penalty
wherefore
does
not
exceed six (6)
months
of
imprisonment
and/or fine of
P 2,000, he
can be placed
in
recognizance
of himself or
of
a
responsible
citizen
2. R.A. 7610
One of the
rights of child
arrested
acting as a
combatant,
spy, carrier or
guide in an
armed conflict
is
to
be
released
in
recognizance
to the custody
of DSWD or
responsible
member of the
community
3. P.D. 603 In
case
of
a
youthful
offender held
for physical or
mental
examination,

trial or appeal,
if unable to
furnish
bail
and under the
circumstances
4. Rule 114, Sec.
16 A person
who has been
in custody for
a period equal
to or more
than
the
possible
maximum
imprisonment
prescribed for
the
offense
charged,
without
prejudice
to
the
continuation
of the trial or
the
proceedings
on appeal;
5. Rule 114, Sec.
1624 Where
the
accusedOn reduced bail or
has applied foron
his
own
probation andrecognizance
before
the
same
has
been resolved
but no bail
was filed or
the accused is
incapable
of
filing one, in
which case he
may
be
released
on
recognizance;
6. Sec. 16 of the
Rules
on
Summary
Procedure

accused was
arrested
for
failure
to
appear when
required
by
the court. In
such instance,
the court can
allow
the
accused to be
released
either on bail
or
recognizance
of
a
responsible
citizen
Rule 114, Sec. 16

A
person
accused of an
offense with a
maximum penalty
of destierro shall
be released after
30
days
of
preventive
imprisonment.
Rule 114, Sec. 16 A
person in custody for
a period equal to or
more
than
the
minimum
of
the
principal
penalty
prescribed for the
offense
charged,
without application
of the indeterminate
sentence law or any
modifying
circumstance
shall
be
released
on
reduced bail or on
his
own
recognizance, at the
discernment of the
court.

Under the Revised

Rules on Summary
Procedure

General Rule: No bail

Exception: When a
warrant of arrest is
issued for failure to
appear
when
required by the court
(Sec. 16 of the Rules
on
Summary
Procedure).
Exception to Release
in
Recognizance
under R.A. 6036:

6.When he has been

previously convicted
for an offense to
which the law or
ordinance attaches
an equal or greater
penalty or for two or
more offenses to
which it attaches a
lighter penalty;
7.When he commits
the offense while on
parole
or
under
conditional pardon;

1.When he is caught
committing
the
offense in flagrante;
2.When he confesses
to the commission of
the offense unlessDischarged of accused to be a state
the confession iswitness
later repudiated by
RULE 119. SECTION 17. DISCHARGE
him
OF ACCUSED TO BE STATE WITNESS
3.When he is found
Motion to discharge should be made by
to have previously
the prosecution before resting its case.
escaped from legal
Note: The rule expressly allows the
confinement, evaded
discharge of more than one defendant
sentence, or jumped
(People v. Bacsa, G.R. No. L-11485, July
bail;
11, 1958).
4.When he is foundRequisites for Discharge
to have previously
violated
the 1. Two or more persons are jointly
charged with a commission of an
provisions of Sec. 2;
offense;
2.
The prosecution files a motion to
5.When he is found
discharge one
to be a recidivist or a
habitual delinquent