Rule 110

PROSECUTION OF OFFENSES
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 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 running of the period of
prescription of the offense charged unless otherwise provided in special laws.

Institution of Criminal Actions – two (2) ways:

1. If Preliminary Investigation (PI) is required, by filing the complaint with the proper
officer for the purpose of conducting the requisite PI.
2. For all other offenses:
a. by filing the complaint or information directly with the MTC or MCTC
b. by filing the complaint with the office of the prosecutor.
*NOTE: In Manila and other chartered cities, complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters.
- period of prescription is interrupted by the institution of the criminal action, unless
otherwise provided.

SECTION 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. (2a)

SECTION 3. Complaint defined. — 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. (3)

SECTION 4. Information defined. — An information is an accusation in writing charging a person with

an offense, subscribed by the prosecutor and filed with the court. (4a)
 Complaint and Information
Complaint Information
Sworn written statement charging What An accusation in writing charging
a person with an offense a person with an offense
 The offended party; Subscribed by  The prosecutor
 Any peace officer; or
 Other public officer
charged with the
enforcement of the law
violated

Filed with court

“People of the Philippines” In the name of “People of the Philippines”

SECTION 5. Who must prosecute criminal actions . — All criminal actions either
commenced by complaint or by information shall be prosecuted under the direction
and control of a public prosecutor. In case of heavy work schedule of the public
prosecutor or in the event of lack of public prosecutors, 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. Once so
authorized to prosecute the criminal action, the private prosecutor shall continue to
prosecute the case up to the end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise withdrawn. (As amended by
AM. 02-2-07-SC, May 1, 2002)

The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both alive, nor, in any case, if the
offended party has consented to the offense or pardoned the offenders.

The offenses of seduction, abduction and acts of lasciviousness shall not be

prosecuted except upon a complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly
pardoned by any of them. If the offended party dies or becomes incapacitated before
she can file the complaint, and she has no known parents, grandparents or guardian,
the State shall initiate the criminal action in her behalf.

The offended party, even if a minor, has the right to initiate the prosecution of the
offenses of seduction, abduction and acts of lasciviousness independently of her
parents, grandparents, or guardian, unless she is incompetent or incapable of doing
so. Where the offended party, who is a minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same. The right to file the action granted to
parents, grandparents or guardian shall be exclusive of all other persons and shall be
exercised successively in the order herein provided, except as stated in the
preceding paragraph.

No criminal action for defamation which consists in the imputation of the offenses
Who must prosecute criminal actions?
General rule = public prosecutor (May 1, 2002) (the prosecutor in RRCP, Dec. 1, 2000)
Exception: In case of heavy workload or lack of public prosecutors,
o PRIVATE PROSECUTORS MAY BE AUTHORIZED IN WRITING
 By the chief of the prosecution office; or
 The Regional State Prosecutor
Note: subject to the approval of court.
Once Private Prosecutor is authorized , he shall continue to prosecute the case UP
TO THE END OF THE TRIAL, UNLESS REVOKED OR OTHERWISE WITHDRAWN.
Adultery and Concubinage
 Requisites for institution of criminal action:
o Complaint must be filed by offended spouse
o Both guilty parties should be included in the complaint, if both alive
o Offended party did not consent to the offense
o Guilty parties NOT PARDONED by the offended party
Seduction, Abduction, and Acts of Lasciviousness (SAA)
 Requisites for institution of criminal action:
o Complaint must be filed by:
 Offended party (OP)
 His/her parents
 Grandparents
 Guardian
o Offender must not be EXPRESSLY pardoned by any of the persons listed in the
first requisite
NOTE: In case the offended party dies, or becomes incapacitated before she can file
complaint, and has no known parents, grandparents or guardian (PGG), THE STATE
SHALL INITIATE THE CRIMINAL ACTION IN HIS/HER BEHALF
The offended party, even a minor, has a right to initiate actions against SAA independently of
her PGG unless she is incompetent or incapacitated.
PGG = right to file on behalf of OP is EXCLUSIVE OF ALL OTHER PERSONS
= right shall be SUCCESSIVELY EXERCISED in the order provided:
1. Parents
2. Grandparents
3. Guardian
4. STATE
 Defamation
 Criminal Action ONLY INSTITUTED at the Instance of, and upon Complaint filed by
the Offended Party
Violation of Special Laws governed by Special Laws

SECTION 6. Sufficiency of complaint or information. — A complaint or information

is sufficient if it states the name of the accused; the designation of the offense
given by the statute; the acts or omissions complained of as constituting the
offense; the name of the offended party; the approximate date of the commission
of the offense; and the place where the offense was committed.

When an offense is committed by more than one person, all of them shall be
included in the complaint or information. (6a)
REQUISITES OF A SUFFICIENT COMPLAINT OR INFORMATION
1. Name of the accused (include ALL person, if more than one, who committed the offense)
2. Designation of the offense given by the statute
3. Acts or omissions complained of as constituting the offense
4. Name of the offended party
5. Approximate date of the commission of the offense
6. Place where the offense was committed

SECTION 7. Name of the accused. — The complaint or information must state the
name and surname of the accused or any appellation or nickname by which he
has been or is known. If his name cannot be ascertained, he must be described
under a fictitious name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some
other manner to the court, such true name shall be inserted in the complaint or
information and record. (7a)

Name of the accused to be included in the complaint and information:

1. Name and Surname
2. Any appellation or nickname by which he has been known
3. A fictitious name with a statement that his true name is unknown, if name cannot be
ascertained.
SECTION 8. Designation of the offense. — The complaint or information shall state
the designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating circumstances.
If there is no designation of the offense, reference shall be made to the section or
subsection of the statute punishing it. (8a)
 SECTION 9. Cause of the accusation. — The acts or omissions complained of as constituting the offense and
the qualifying and aggravating circumstances must be stated in ordinary and concise language and not
necessarily in the language used in the statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying and aggravating circumstances
and for the court to pronounce judgment. (9a)

Complaint or information shall state in ORDINARY and CONCISE language sufficient to

enable a person of common understanding to know what offense is being charged, the following:
1. Designation of offense by the statute
2. Acts or omissions constituting the offense
3. Specify its qualifying and aggravating circumstances

SECTION 10. Place of commission of the offense. — The complaint or information is sufficient if it can be
understood from its allegations that the offense was committed or some of the essential ingredients occurred
at some place within the jurisdiction of the court, unless the particular place where it was committed
constitutes an essential element of the offense or is necessary for its identification. (10a)

Complaint or information must be sufficient to understand that the PLACE OF COMMISSION

OF THE OFFENSE is within the court’s jurisdiction.

SECTION 11. Date of commission of the offense. — It is not necessary to state in the complaint or information
the precise date the offense was committed except when it is a material ingredient of the offense. The offense
may be alleged to have been committed on a date as near as possible to the actual date of its commission.
(11a)

General rule: Precise date of the offense not necessarily stated in the complaint or information,
alleged date may be as near as possible to the actual date of its commission.
Exception:
When PRECISE DATE is a material ingredient to the offense.

SECTION 12. 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.
(a) In 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.
(b) If the true name of the of the person against whom or against whose properly the offense was committed
is thereafter disclosed or ascertained, the court must cause the true name to be inserted in the complaint or
information and the record.
(c) If the offended party is a juridical person, it is 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. (12a)

Name of offended party to be included in the complaint or information:

1. Name and surname
2. Any appellation or nickname by which such person is known
3. Fictitious name, if no better way of identication
a. Against property, name unknown:
 Property must be described with such particularity as to properly identify
the offense charged.
Note: if juridical person, sufficient to state its name, or any name or designation which it
is known or by which it may be identified.

SECTION 13. Duplicity of the offense. — A complaint or information must charge but one offense, except when
the law prescribes a single punishment for various offenses. (13a)

General Rule: ONE COMPLAINT/INFORMATION = ONE OFFENSE

Exception: when the law prescribes a single punishment for various offenses

SECTION 14. Amendment or substitution. — A complaint or information may be amended, in form or in

substance, without leave of court, at any time before the accused enters his plea. After the plea and during
the trial, a formal amendment may only be made with leave of court and when it can be done without causing
prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in or excludes
any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice
to the offended party and with leave of court. The court shall state its reasons in resolving the motion and
copies of its order shall be furnished all parties, especially the offended party. (n)
If it appears at any time before judgment that a mistake has been made in charging the proper offense, the
court shall dismiss the original complaint or information upon the filing of a new one charging the proper
offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy.
The court may require the witnesses to give bail for their appearance at the trial. (14a)
 Before PLEA After PLEA and DURING TRIAL
May be amended in form, or in substance Leave of court NEEDED for amendment
WITHOUT leave of court
Exception: When offense is downgraded or Additional requirement: must not prejudice
excludes any of the accused, requirements: the rights of the accused
1. Motion by the prosecutor
2. Notice to the offended party
3. Leave of court

SECTION 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 while 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 such its trip, including the place of its departure and arrival
(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. (15a)

SECTION 16. Intervention of the offended party in criminal action. — Where the civil action for recovery of civil
liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel
in the prosecution of the offense. (16a)