RULE 110

Purpose of Criminal Action

- To determine the penal liability of the accused for having outraged the State with his
crim and to punish him for it if found guilty
- Parties: People of the Philippines v. The Accused (the private offended party is regarded
merely as a witness)
- Interest if the private offended party is limited to civil liability
How is Criminal Action Insituted?
- Depends if the offense is one requiring preliminary investigation
1. With prelim. Investigation
- Criminal action is instituted by filing of complaint with the proper
officer for the purpose or preliminary investigation (Sec. 1 Rule 11)
2. Without Prelim. Investigation (there are two ways)
a. By filing the complaint or information directly with the MTC or MCTC
b. By filing the complaint with the office of the prosecution
- Manila and Other Chartered Cities
1. By filing of the complaint with the office of the prosecution unless otherwise
provided by their charters
NO DIRECT FILING IN RTC and Metropolitan Trial Court of Manila
1. Under Rule 110 the RTC’s jurisdiction covers offenses requiring preliminary
investigation so there’s no direct filing
- Preliminary Investigation is not conducted for offenses which penalty prescribed by law
is less than 4 years, 2 months, and 1 day and is covered by the jurisdiction of MTC
- RTC has jurisdiction over offenses punishable with imprisonment exceeding 6 years.
- MTC has jurisdiction over offenses punishable with imprisonment not exceeding 6
years.
2. In Manila and other chartered cities complaint is filed with the office of the prosecution
unless otherwise provided by their charters
EFFECT of the Institution of Criminal Action on the Prescriptive Period
- Institution of criminal action interrupts the period of prescription of the offense
charged unless otherwise provided in special laws
- Both where preliminary investigation is required and not required interrupts the
period of prescription.
RULE on prescription for violations of Municipal Ordinaces and Special Laws
1. Act. No. 3326 - law that governs the period of prescription for violations of municipal
ordinances and special law
A. Zaldivia v. Reyes
 - Held that Act. 3326 says that period of prescription shall be suspended
proceedings are instituted against the guilty person, the proceedings
referred to are judicial and not administrative
- Hence, prescriptive period governed by Act. 3326 is only interrupted by
judicial proceedings since section 2 of the law provides that prescription
starts from the commission of crime or from the discovery and the
institution of judicial proceedings for its investigation and punishment.
- In case of conflict between Act. 3326 and Rule 110 the latter must yield
(give way) because the court cannot diminish, modify, nor increase
substantive right under the constitution and that prescription in
criminal cases is a substantive right.
2. Recent Cases does not stick to what was previously mentioned.
A. Sanrio Company Limited v. Lim
- Case involving violation of Intellectual Property Code (special law)
- Ruling: Filing of complaint for the purpose of prelim. Investigation interrupts
the prescriptive period of criminal liability
- Therefore, the prescriptive period for the prosecution of the alleged violation
was tolled by petitioner’s timely filing of complaint-affidavit before TAPP
3. Violation of B.P. 22
A. Panaguiton v. DOJ
- Under BP 22 an offense merits the penalty of imprisonment of not less than 30
days and exceeding 1 year.
- Violation of BP 22 prescribes 4 in 4 years from commission of offense.
- Petitioner’s filing of complaint-affidavit before the Office of City Pros. signified
the commencement of the proceedings for the prosecution of the accused and
therefore, interrupted the prescriptive period for offenses under BP 22
4. Filing of affidavit of complaint for prelim. Investigation with the proper officer interrupts
the running of prescriptive period.
5. No distinction between cases under RPC and special laws regarding the interruption of
prescription.
a. Investigation by Securities and Exchange Commission interrupts the prescriptive
period for it is equivalent to the prelim investigation by DOJ in criminal cases
6. Even filing of crimininal complaints in the Office of the Ombusdman effectively interrupts
the running of prescriptive period.

Interruption of prescriptive period even w/o jurisdiction of the court

- The running of prescriptive period is interrupted with the fling of the action even if the
court has no jurisciction
 a. People V. Galano
- It was only when the trial court dismissed the case due to lack of
jurisdiction that the proceedings therein terminated w/o conviction and
acquittal and it was only when the prescriptive period (interrupted
during the pendency of the case of Batangas court) commenced to run
again.
b. People v. Enrile
- Held: filing of the first indictments suspended the running of
prescriptive period and the prosecution under the information should be
regarded as mere continuations of the previous proceedings.
- Filing of the first charges should be considered as having interrupted the
prescriptive period notwithstanding the lack of jurisdiction of the
military tribunal in which they were filed.
c. Reodica vs. CA
- Information for reckless imprudence resulting in damage to property
with slight physical injuries was filed with RTC although its within the
jurisdiction of MTC
- The court disregarded the defense of prescription raised by the accused
even as it dismissed the cases pending before RTC for lack of jurisdiction
- prescriptive period for quasi offenses in question was interrupted by the
filing of the complaint with the fiscal’s office three days after the
vehicular mishap(accident) and remained tolled(to stop the running of
a time period) pending the termination of the case.
PROSECUTION OF CRIMINAL ACTION
- Prosecuted under the control and direction of the public prosecutor since a criminal
offense is an outrage against the State, thus, follows a representative of the State.
- Even if there is a private prosecutor the criminal action is still prosecuted under the
direction and control of the public prosecutor.
- Private party does not have the legal responsibility to prosecute the criminal aspect of
the case because it is the People who are the real parties in a criminal case.
CONSEQUENCES
1. Power and Discretion of the public prosecutor
a. Determine if prima facie(evidence sufficient to establish a fact or to raise a
presumption of fact unless rebutted) case exists
b. Determine, without the influence and direction of the offended person, which of
the conflicting testimonies should be believed
c. Determine which witnesses to present in court, subject only to the right against
self-incrimination
 - Discretion of what and whom to charge
- NOT even the Supreme Court can order the prosecution of a person against whom the
prosecutor does not have find sufficient evidence to support the existence of at least
prima facie case EXCEPT when there is a grave abuse of discretion on the part of the
prosecutor.
2. Public Prosecutor may turn over the actual prosecution of the criminal case to the private
prosecutor but he may take over at any time.

PROSECUTION of Criminal Action in MTC and MCTC

- When the prosecutor assigned is not available the action may be prosecuted by:
a. The offended party
b. Any peace officer
c. Public officer charged with the enforcement if the law violated

Representation of the People of PH by the OSG in appeals before the CA and SC

1. Authority to represent the state in the appeal in criminal cases before CA and Supreme
Court is vested in the OSG. In criminal cases, the SG is regarded as the appellate
counsel of the People and should be given the chance to be heard. Kapag hindi na notify
ng korte and SG of its resolution and require it to file a comment, this failure has
deprived the prosecution of a fair opportunity to prosecute and prove its case. And
while a private pros. May be allowed to intervene in criminal proceedings on appeal in
CA and SC he cannot be permitted to adopt a position controlled to that of the Solicitor
General.
2. Jurisprudence holds that if there is dismissal of case by the trial court or if there is
acquittal, only the OSG may bring an appeal on the criminal aspect representing the
People. The private offended party may also file a civil action for certiorari even
without the intervention of the OSG but only to the end of the preserving hins interest
in civil aspect of the case.
3. Offended Party may question such acquittal ot dismissal only insofar as the civil liability
is concerned.

When Can the Private Offended Party may Appeal or seek of a review of the dismissal of a
criminal case w/o the interventio of OSG
1. When there is a denial of due process to the prosefution and the State
2. When there is a grave error committed by the judge
3. When the interest of justice so requires
Appearance of the Special Pros. of the Ombudsman
Exception to the general rule that the SG is the only one that may represent the people on
appeal and certiorari:
- In all cases elevated to the Sandigangbayan and from the Sandinganbayan to the SC,
Office of the Ombudsman, through its special prosecutor shall represent the People
except in cases filed to E.O Nos. 1, 2, 14, and 14A.

Prosecution for Violence of Special Law

1. Prosecuted pursuant to the provisions of said law

When a Private Pros. May prosecute a case even in the absence of the Public Pros.
1. If he is authorized to do so in writing which shall be given by either Chief of the Pros.
Office or the Regional State Pros. It has be approved by the court
2. Written authorization shall be given because:
a. Public prosecutor has a heavy work load
b. Lack of public pros.
● Private pros. 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 withdrawn.
Intervention of the offended party in the prosecution of the criminal action
- It is because of the existence of civil liability involved in a crime that the offended party
is allowed to intervene in the prosecution of offense.
- Where the civil action for recovery of civil liability is instituted in the criminal actions
pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of
the offense
How offended party intervene in a criminal case:
- The appoinment of private pros done by the offended party is the mode which he
intervenes in the prosecution of the offense.
- The offended party may not intervene in the prosecution of the offense through a
private pros if the offended party:
1. Waives the civil action
2. Reserves the right to institute it separately
3. Institutes the civil action prior to the criminal action

Effect of filing the independent civil action on the right of the offended party to intervene in
the prosecution of the offense.
1. Institution of an independent civil action does not deprive the offended party of the
right to intervene in the civil action through a private prosecutor
 2. Criminal action also gives rise to an independent civil action like in crimes involving
physical injuries, fraud, or defamation or when the act constituting a crime also
constitutes a quasi-delict.
PROSECUTION OF PRIVATE CRIMES
1. Crimes of adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse. It should be the offended spouse who should file a
complaint. The action cannot be instituted against one party alone, it must be insituted
against both guilty parties unless one is already dead.
2. Offense of adultery and concubinage may not be instituted if it’s shown that the
offended party has consented to the offense or has pardoned the offenders.
3. Offenses of seduction, abduction, and acts of lasciviousness shall not be prosecuted
except upon a complaint filed by the offended party/her
parents/grandparents/guardian. Pardon shall made expressly. If the offended party dies
and has no known parents, grandparents or guardian, the State shall initiate the
criminal action in her behalf.
4. The offended party has the right to initiate the prosecution of the offense even if a
minor.
5. In defamation criminal action cannot be brought at the instance of any person other
than by the offended party.
6. In rape, prosecution may now be commenced in court even by filing of an information
by the public pros.

Complaint - sworn written statement charging a person with offense, subscribed by the
offended party, any peach officer, or other public officer charged with the enforcement of the
law violated. It is a mere statement charging a person with an offense.
- Filed in the name of the People of the Philippines and against all persons who appear to
be responsible for the offense involved
Information - accusation in writing charging a person with an offense subscribed by the pros
and filed with the court.
- Not required to be sworn
- Filed in the name of the People of the Philippines and against all persons who appear to
be responsible for the offense involved
- If filed by one who had no authority, the dismissal of the information would not be a
bar to a subserquent prosecution under a subsequent valid information.
Sufficiency of Complaint and Information
1. The name of the accused
2. Designation of the offense given by statute
3. The 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. The place where the offense was committed

Questionung the insufficiency

- Accused-appellant should move before arraignment either for a bill of particulars,
quashal of the information. Failure to object upon his arraignment he is deemed to
have waived this right.
Nature of the offense: Determination
- The nature of a criminal charge is determined by the recital of the ultimate facts
and circumstances in the complaint or information and not by the caption of
the information or the provision of the law claimed to have been violated. The
prosecutor is not required to be absolutely accurate in designating the offense
by its formal name in law.
Designation of Offense
1. - The name given to the offense by statute shall be stated in the complaint or
information
- Averment of the acts or omissions constituting the offense shall be
included
- Qualifying and aggravating circumstances shall be specified in the
complaint or information
2. Specific acts of the accused do not have to be described in detail in the
information, it is that the offense be described sufficient particularity to make
sure the accused fully understands what he is being charged with.
Statement of Qualifying and aggravating circumstances
1. Every information must specify the qualifying and aggravating circmstances. It
is not sufficient to merely state that the offense was committed with treachery
w/o alleging the facts tha gave rise to treachery.
2. The accused will not be convicted of the offense proved during the trial if it is
not alledged in the information.
3. If the offender is not a relation – not parent, ascendant, step-parent, guardian,
or spouse – the specific relationship must be alleged in the information that he
is for example a relative by consanguinity or affinity within the third degree

CAuse of Accusation
 1. One of the fundamental rights of the accused is the right to be iformed of the
nature and cause of accusation against him. Accused cannot be convicted of an
offense unless clearly charged in the information.
a. Offense being charged
b. Acts of omissions complained of a constituting the offense
c. Qualifying and aggravating circumstances
Duplicity of the offense is a ground for a motion to quash. Accused must object before
trial

QUIZ 1
1. What is CrimPro?
- Criminal procedure refers to the methods used to investigate and prosecute a
crime and rules that governs the procedural administration of justice. It
provides or regulates the steps by which one who committed a crime is to be
punished. It also lays down the process by which an offender is made to answer
for the crime he committed. Moreover, it confines itself to the definition of
offenses, penalties applicable for such offenses and the formulation of general
principles for liability, it does not answer the question how the offender is to be
made liable fot his crime. Example is RPC which provides in Art. 249 the crime
of homicide and the punishment of reclusion temporal, it does not prescribe the
methods and processes by which the offender is made accountable for the crime
of homicide this is supplied by CrimPro.
2. Complaint - is a sworn written statement charging a person with offense
subscribed by the offended party, any peace offcer, or other public officer.
- Sworn under oath
Information - an accusation in writing charging a person with an offense
subscribed by the prosecutor and filed with the court. Only a public
officerdescribed by Rules of Court as a prosecutor is authorized to subscribe to
the information
- Requires no oath
3. Preliminary Investigation
- Is an inquiry or proceeding the which purpose is to determine whether
there is a probable sufficient ground to a well-founded belief that a crime
 has been committed and that the accused is probablly guilty and should
be held for trial.
4. Ultimate Goal of Prelim. Investigation
- To harmonize the governmental functions of maintaining peach and
order ad protecting the constitutional rights of the citizens
5. Requisites:
- Jurisdiction over subject matter
- Jurisdiction over the territory
- Jurisdiction over the person of the accused
6. Distinguish jurisdiction over territory and “ 0ver the person of the accused
- Territory: The authority of the court to hear and determine a particular
criminal cases
- Over the Accused: refers to the authority of the court not over the subject
matter but over the person charged.
7. How is Jurisdiction over SM conferred
- Conferred by law and lack of it affects the very authority of the court to
take cognizance of and to render judgment on the action,
8. How is jurisdiction over the person accused determined:
- By allegations in the complaint or information. The court should look
into the allegations of the written accusation for it to know whether or
not it has jurisdiction
9. Jurisdiction of MTC
a. Jurisdiction over all violations of city or municipal ordinances committed
within their respective territorial jurisdiction.
b. All offenses punishable with imprisonment of the penalty of prison
mayor shall be from 6 years and 1 day 12 years.
9. Cases under the jurisdiction of RTC:
a. all criminal cases not within the exclusive jurisdiction of any court, tribunal or
body except those falling under the jurisdiction concurrent jurisdiction of
Sandinganbayan.
b. Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
corpus and injunction enforceable in any part of their respective regions
c. All cases decided by MTC within its territorial jurisdiction
d. Certain branches to handle exclusively criminal cases as may be determined by
the SC.
 e. Criminal cases under specific laws:
- RPC Art 360 criminal and civil aspects of written defamation
- RA 9165 violation of the Comprehensive Dangerous Drugs Act of 2002
- Violations of intellectual property rights
- All cases on money laundering except those committed by public officers
and private persons which is under the jurisdiction of Sandiganbayan

Quiz 2
1. Duplicity of Offenses
- Presupposes that there is a joinder of distinct offenses in one complaint
or information. The general rule is that a complaint or information must
charge only one offense, this rule prohibits duplicity of offenses in a
single complaint or information. However, one offense may be charged
under one complaint or information when a law prescribes a single
punishment for various offenses.
Example: In the case of rape alleged to have been committed and prior
thereto the phrase indicates another offense of rape. The information,
therefore, is duplicitous same when alleging that the accused had carnal
knowledge of the victim for several times.
- The exception to this is when the law prescribes single
punishment to various offenses such us crimes under Art. 48 of
RPC. The imposable penalty shall be which corresponds to the
graver offense. Thus, when a single act results in murder and
frustrated murder, the penalty shall be which the law provides for
murder, the graver offense.
2. Effect of failure to designate the offense given by the statute
- Does not vitiate(destroy) the information if the facts alleged clearly recite
the facts constituting the crime charged. What controls is not the title of
the information or the designation of offense but the actual facts recited
in the information.
3. How to state the name of the offended party who is a natural person and judicial
person
- Natural Person: The complaint or information must state the name and
surname of the offended party 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 and if later on his real
name is disclosed, the court must cause such name to be inserted.
- Judicial person: It is sufficient to state its name or any name or
designation by which it is known.
4. Two-fold task of prosecution
- To prove beyond reasonable doubt the commission of the crime charged
- To establish with the same quantum of proof the identity of the person or
persons responsible therefor.
5. Date of the commission of the offense
- Section 11 of Rule 110 provides that it is not necessary to state in the
complaint or information the precise date the offense was committed
except when it is a material element 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. The date of the commission of rape is not a
material ingredient of the crime and need not to be stated with absolute
accuracy. The essential element in rape is the act of having carnal
knowledge of the victim.
6. “The facts alleged in the body of the information not the technical name given
by the prosecutor”
- The nature of a criminal charge is determined by the recital of the
ultimate facts and circumstances in the complaint or information and not
by the caption of the information or the provision of the law claimed to
have been violated. The prosecutor is not required to be absolutely
accurate in designating the offense by its formal name in law.
7. Test for sufficiency of complaint and information
- The test is whether the crime is explained in clear, understandable words
with enough specificity to notify the accused, reasonably, of the offense
charged and give him time to adequately prepare for his defense.
8. Filing a civil case and criminal case in a wrong venue
- Venue in a criminal case is a jurisdictional matter, it is an element of
jurisdiction. The rule requires that the complaint or information should
state the place where the offense was committed for it to be deemed
sufficient. Thus, a finding of improper venue in a criminal case carries
jurisdictional consequences. The ground for a motion to quash would be
 that the court trying the case has no jurisdiction over the offense
charged.
- In a civil case, where the complaint is filed in the wrong venue, the
ground for a motion to dismiss would be that the venue is improperly
laid.
9. Where to file a written defamation case
- Criminal action need not be filed in the RTC of the province or city where
the alleged libelous article was printed and first published. It may be filed
in the province or city where the offended party held office at the time of
the commission of the offense.
10. Venue of RA 9262 (Anit0–VAWC)
- As long as the criminal action is instituted in the place where the victim
risides, the trial court has jurisdiction over the offense even if the abusice
conduct was committed outside the PH territory.
11. Rule on Amendment and Substitution
- Substitution: Where the second information involves the same offense, or
an offense which necessarily includes or is necessarily included in the
first information, an amendement is sufficient. Where the new informatio
charges an offense which is distinct and different from that initially
charged a substitution is in order.
12. Amendment v. Substitution
- Amendment may involve both formal and subtantial changes whilw
substitution necessarily involves a substantial change frim the original
charge.
- Amendment before plea has been entered can be effected without leave
of court but substitution of information must be with leave of court as the
original information has been dismissed.
- Where the amendment is only as to form, there is n0 need for another
preliminary investigation and the retaking of plea of the accused; in
substitution another preliminary investigation is entailed and the
accused has to plead anew to the new information.
13. Two entities offended when a person commits a crime
- The society in which he lives in or the state whose law he has violated
 - The individual member of that society whose person, right, honor,
chastity or property was actually or directly injured or damaged by the
same act.
14. Purposed of criminal and civil action
- Criminal: to punish the offender in order to deter him and others from
committing the same offense, to isolate him from the society, or in
general to maintain social order.
- Civil: for the resolution, reparation, or imdemnification of the private
offended party for the damage or injury he sustained
15. When may a civil action proceed independently.
- Independent civil liabilities are separate from the criminal action and
may be pursued independently as provided in Art. 31 and 33 of the Civil
Code. The civil actions referred to in Arts. 32, 33, 34, and 2176 of the Civil
Code shall remain separate, distinct, and independent of any criminal
prosecution.
16. Consequences of the independent character of actions under Arts. 32, 33, 34, and
2176 of Civil Code
- The right to bring the civil action shall proceed independently of criminal
action and regardless of the results of the latter.
- The quantum of evidence required is preponderance of evidence.
- The right to bring the foregoing actions based on the Civil Code need not
to be reversed in the criminal prosecution, since they are not deemed
included therein.
- Institution or waiver of the right to file a seprate civil action arising fromt
the crime chraged does not extinguish the right to bring an independent
civil action.
- Even if a civil action is filed independently, the ex delicto civil liabilty in
the criminal prosecution remains and the offended party may subject to
the control of the prosecutor.
17. Failure to make reservation in the criminal action a waiver of the right to the
separate and independent civil action?
- Actions under Acts. 31, 32, 33, 34 and 2176 of the Civil Code may be filed
separately and prosecuted independently even without any reservation in
the criminal action. The failure to make a reservation in the criminal
action is NOT a waiver of the right to file a separate and independent civil
action based on these articles of the Civil Code.