Criminal Procedure by: Baltazar, RC

COLEGIO DE SAN LORENZO

College of Criminology

CRIMINAL
PROCEDURE
(Modular Approach)
Prepared by:

Renjomar C Baltazar, JD

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 Criminal Procedure by: Baltazar, RC

Course Code : CLJ 206

Description : Criminal Procedure
Module 2/Lesson 2

RULE 110 - PROSECUTION OF OFFENSES

Introduction
This lesson will provides the learners the procedure on how criminal action is being instituted
the different ways by which a criminal action is filed and the different requisites for sufficiency of
a complaint and/or information. The proper institution of a criminal action is very crucial since
any irregularity in the process might be a ground for the dismissal of the case. Thus, knowing
the proper way of filing a criminal action and the substantiality of one’s complaint or information
are very important in the over-all criminal procedure.

Learning Objectives:

The following objectives shall be the key factor in the study of this lesson. Thus, learner are
expected to:

1. Know the legal process of instituting an offense;

2. Differentiate a complaint and an information; and

3. Discuss the rules on sufficiency of complaint or information.

Learning Content:

I. HOW MAY CRIMINAL ACTIONS BE INSTITUTED? – 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.

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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 110. Sec.1)

II. WHAT IS A COMPLAINT AND INFORMATION?

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 (Rule 110. Sec.3).

INFORMATION, DEFINED. – An information is an accusation in writing charging a person with

an offense, subscribed by the prosecutor and filed with court. (Rule 110. Sec.4).

III. WHAT ARE THE REQUISITES OF A COMPLAINT OR INFORMATION?

1. It shall be in writing;

2. In the name of the People of the Philippines;

3. It shall be against all persons who appear to be responsible for the offense committed.

IV. WHAT ARE THE DISTINCTIONS BETWEEN COMPLAINT AND INFORMATION?

SUBJECT
COMPLAINT INFORMATION
MATTER
As to the person Signed by the offended party, Always signed by the
who signs: any peace officer or other public public prosecutor or
officer charged with the special prosecutors.
enforcement of the law violated.
As to It must be sworn to by the An information need not be
requirement of person signing it. under oath.
an oath:
As to where filed: A complaint is filed either with Information always filed
the fiscal’s office or the court. with the court

WHO MUST PROSECUTE CRIMINAL ACTIONS? – All criminal actions commenced by a

complaint or information shall be prosecuted under the direction and control of the prosecutor.

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RULE ON DELEGATION - In case of heavy work schedule of the public prosecutor, in the event
of lack of public prosecutors, the private prosecutors 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 trial even in the absence of the public
prosecutor, unless the authority is revoked or withdrawn.

RULE ON DELEGATION IN THE FIRST LEVEL COURTS - However, in Municipal Trial Courts
or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not
available, the offended party, any peace officer, or public officer charged with the enforcement
of the law violated may prosecute the case. This authority shall cease upon actual intervention
of the prosecutor or upon elevation of the case to the Regional Trial Court.

WHO AND HOW SHALL THE CRIMES OF ADULTERY AND CONCUBINAGE BE

PROSECUTED? - 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 are alive, nor, in any case, if the offended
party has consented to the offense or pardoned the offenders.

WHO AND HOW SHALL THE CRIMES OF SEDUCTION, ABDUCTION OR ACTS OF

LASCIVIOUSNESS BE PROSECUTED? - The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted 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. (Keyword: OPGGS)

MAY A MINOR INITIATE THE PROSECUTION OF THE CRIME OF SEDUCTION,

ABDUCTION, OR ACTS OF LASCIVIOUSNESS? – Yes, 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.

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PROSECUTION OF PRIVATE LIBEL - No criminal action for defamation which consists in the
imputation of any of the offenses mentioned above shall be brought except at the instance of
and upon complaint filed by the offended party (Rule 110. Sec.5).

WHAT IS THE DOCTRINE OF PARENS PATRIAE AS ENUNCIATED UNDER SECTION 5,

RULE 110 OF THE RULES OF THE COURT (THE REVISED RULES OF CRIMINAL
PROCEDURE)? - Parens Patriae is the doctrine that vest upon parents, grandparents,
guardian, and the State of the authority to initiate criminal prosecution in cases of seduction,
abduction, or acts of lasciviousness in the event the offended party dies or becomes
incapacitated before she could file the complaint.

The doctrine of parens patriae, however, does not cover adultery and concubinage where only
the offended spouse, and no other, is authorized by law to initiate the criminal prosecution
therefore. (Ref: Pilapil vs. Somera, 174 SVRA 653)

V. SUFFICIENCY OF COMPLAINT OR INFORMATION – A complaint or information is

sufficient if: (Keyword: NADNAP)

1. it states the name of the accused;

2. the designation of the offense given by the statute;
3. the acts or omissions complained of as constituting the offense;
4. the name of the offended party;
5. the approximate date of the commission of the offense; and
6. 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 (Rule 110 Sec.6).

The purpose of the above rule, said the Supreme Court, is to informed accused of the nature
and caused of the accusation against him, a right guaranteed by no less than the fundamental
law of the land. (People v. Lodrigo Bayya, G.R. No. 127845, March 10, 2000).

NAME OF THE ACCUSED – The complaint or information must: 1.state the name and surname
of the accused or 2. any appellation or nickname by which he has been or is known. 3. If his
name cannot be ascertained, he must be described under a fictitious name with a statement that
his true name is unknown 4. 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 (Rule 110 Sec. 7). Note: There can be no criminal case against a
corporation as an accused. It is the officer of the corporation that can be held criminally liable for
acts done in behalf of the corporation.

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DESIGNATION OF THE OFFENSE – The complaint or information shall:1.state the designation

of the offense given by the statute, 2. aver the acts or omissions constituting the offense, and 3.
specify its qualifying and aggravating circumstances. 4. If there is no designation of the offense,
reference shall be made to the section or subsection of the statute punishing it (Rule 110 Sec.8)
Note: Qualifying and aggravating circumstances must be specifically alleged in the information,
if not it cannot be considered by the court even if they are proven in the trial.

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. They need not be 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 circumstance and for the court to pronounce judgment
(Rule 110 Sec.9).

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 its essential
ingredients occurred at some place within the jurisdiction of the court (Rule 110. Sec.10).
Q: What is the exception to the above rule?
A: There is a need to state the particular place of the commission of the crime when the
particular place where it was committed constitutes an essential element of the offense charged
or is necessary for its identification.

DATE OF COMMISSION OF THE OFFENSE – It is not necessary to state in the complaint or

information the precise date the offense was committed (Rule 110 Sec.11).
Q: What is the exception to the above rule?
A: When date is a material ingredient of the offense it must be stated precisely or the offense
may be alleged to have been committed on a date as near as possible to the actual date of its
commission. Examples are violation of election laws, infanticide, physical injuries.

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.

RULE IN OFFENSES AGAINST PROPERTY - 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.

RULE IN CASE OF UNKNOWN OFFENDED PARTY - If the true name of the person against
whom or against whose property the offense was committed is thereafter disclosed or
ascertained, the court must cause such true name to be inserted in the complaint or information
and the record.

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RULE IN CASE OF JURIDICAL PERSONS - 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 (Rule 110. Sec.12)

TWO KINDS OF PERSONS UNDER THE LAW

1. NATURAL PERSON - Refers to those human beings composed of flesh and blood.

2. JURIDICAL PERSON - One which has been granted legal personality by law. It is a being of
legal existence susceptible of rights and obligations. A juridical person is an artificial person
organized in accordance with law and is vested with the right to sue and be sued.

VI. DUPLICITY OF THE OFFENSE – A complaint or information must charge only one offense,
except when the law prescribes a single punishment for various offenses (Rule 110 Sec.13).

GENERAL RULE: The complaint or information must charge only one offense.

EXCEPTION: A complaint or information may charge more than one offense when the law
prescribes a single punishment for various offenses.

DUPLICITOUS INFORMATION, DEFINED - Duplicitous information is the joinder of two or

more distinct and separate offenses in the same court. It is generally not allowed because the
accused has the right to be informed of the nature and cause of the accusation against him.
WHAT IS THE REMEDY OF THE ACCUSED IF THE INFORMATION IS DUPLICITOUS? - The
accused should file a motion to quash the complaint or information1.

WHAT ARE THE EXCEPTIONS TO THE RULE THAT INFORMATION SHOULD NOT BE
DUPLICITOUS? - They are the following:
 COMPLEX CRIME - when a single act results to two or more grave or less grave
felonies or when an offense is a necessary means of committing the other.
 SPECIAL COMPLEX CRIMES- A class of complex crimes especially given definite
nomenclature and penalties like robbery with homicide or robbery with rape.
 CONTINUOUS CRIMES OR DELITO CONTINUADO - A single crime consisting of a
series of acts arising from a single criminal resolution or intent not susceptible of divisions.

WHAT IS THE EFFECT IF THERE IS NO OBJECTION TO DUPLICITOUS INFORMATION? -

He may be convicted for as many offenses charged and proved by the prosecution.
1
If he does not file a motion to quashed, the objection is deemed waived and he can be found guilty for as many crimes charged in the
information.

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VII. AMENDMENT OF A COMPLAINT OR INFORMATION – A complaint or information may be

amended, in form or in substance, without leave of court and when it can be done without
causing prejudice to the rights of the accused.

AMENDMENT, DEFINED – The modification of a complaint or information by the public

prosecutor which changes its form or substance. The amendment is only in form if it does not
affect or alter the nature of the offense charged.

FORMAL AMENDMENTS – Merely states with additional precision something which is already
contained in the original information.

SUBSTANTIAL AMENDMENTS – Consists of changing the recital of facts constituting the

offense charged and determinative of the jurisdiction of the court.

VIII. RULE IN CASE OF DOWNGRADING OF OFFENSE CHARGED - However, any

amendment before plea (before arraignment), which downgrades the nature of the offense
charged in or excludes any accused from the complaint or information, can be made only:

a. upon motion by the prosecutor,

b. with notice to the offended party and

c. 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 (Rule 110 Sec.14).

IX. SUBSTITUTION OF COMPLAINT OR INFORMATION - If it appears at anytime 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 (Rule
110 Sec.14).
DIFFERENCE BETWEEN AMENDMENT OF COMPLAINT OR INFORMATION FROM
SUBSTITUTION OF COMPLAINT OR INFORMATION - Amendment applies to both formal and
substantial amendment. However in substitution a new complaint or information is substituted
for the original charge.

X. PLACE WHERE ACTION IS TO BE INSTITUTED (VENUE IN CRIMINAL CASES) – 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.
Q: What is the effect if a criminal case is brought in the wrong venue?
A: The court has no jurisdiction and the case will be dismissed therein.

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RULE IF OFFENSE IS COMMITTED IN A TRAIN, AIRCRAFT OR VEHICLE IN THE COURSE

OF TRIP - 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 following:

1. The court of any municipality or territory where such train, aircraft, or other vehicle passed
during its trip,
2. Including the place of its departure and arrival.

RULE IN CASE THE OFFENSE IS COMMITTED ON BOARD A VESSEL WHILE IN VOYAGE

- Where an offense is committed on board a vessel in the course of its voyage, the criminal
action shall be instituted and tried in:
1. The court of the first port of entry OR
2. Any municipality or territory where the vessel passed during such voyage, subject to the
generally accepted principles of international law.

RULE IN CRIMES COMMITTED OUTSIDE THE PHILIPPINES - 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 (Rule 110 Sec.15).

TRANSITORY CRIME, DEFINED - It is a crime in which some acts material and essential
thereto occur in one province and some in another.

DISTINGUISH BETWEEN TRANSITORY OFFENSE FROM CONTINUING CRIME -

TRANSITORY OFFENSE - One where any of the essential ingredients took place in one or
more places such as estafa, malversation and abduction; while a CONTINUING OFFENSE is
one which is consummated in one place, yet by reason of the nature of the offense, the violation
is deemed continuing such as kidnapping or libel, evasion of service. The term continuing
understood in sense similar to transitory and is intended as a factor in determining proper venue
or jurisdiction of the criminal action.

XI. MAY THE OFFENDED PARTY INTERVENE IN THE CRIMINAL ACTION? – Yes, 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 (Rule
110.Sec.16).

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References and Suggested Readings

 The Revised Rules On Criminal Procedure By: Dean Willard B. Riano

 Obligations and Contracts By: Dean Ernesto L. Pineda
 The Revised Rules On Criminal Procedure By: Manuel R. Pamaran
 Revised Rules On Criminal Procedure
 Supreme Court Reports Annotated: Central Bookstore
 Criminal Procedure Annotated By: Oscar B. Bernardino

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