Simplified

Procedure in Case
Build Up
CHAPTER
10
 INTRODUCTION

IN THE CONDUCT OF INVESTIGATION THE INVESTIGATOR MUST BE

KNOWLEDGEABLE ON HOW THE POSSIBLE CRIME COMMITTED

BASED ON THE
CRIME SCENE ANALYSIS AND DETERMINE THE ELEMENTS OF THE
CRIME
IN ORDER TO PREPARE THE INVESTIGATION
Prosecution of Offenses (Rule 110)
The institution of a criminal action generally depends
upon whether or not the
offense is one which requires a preliminary
investigation

A criminal action is instituted

by filing the complaint with the proper officer
for the purpose of conducting the requisite
preliminary investigation.
 WHERE A PRELIMINARY INVESTIGATION IS
REQUIRED?
A criminal action is instituted
by filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary
investigation.

Where a preliminary investigation is not

a. By filing the complaintrequired
or information directly with the MTC, MCTC or

Statement
b. In Manila and other chartered cities, a special rule prevails. In these
places the rule is that “the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters" (Sec. 1 Rule 110)

c. There is no direct filing of an information or complaint with the RTC

under Rule 110 because its jurisdiction covers offenses which require
preliminary investigation (4-2-1) d. By filing the complaint with the office of the
prosecutor (Sec. 1 Rule 110)
 When Preliminary Investigation is required?
A preliminary investigation is to be conducted for offenses where
the penalty
prescribed by law is at least four (4) two (2) months and one (1) day.
(Sec. 1 Rule
Effect
112) of the institution of criminal action on the
prescriptive period
Institution of criminal action shall interrupt the period of prescription of
the offense
charged unless otherwise provided in special laws.
The prescription period remains tolled from the time the complaint was
filed with
the Office of the Prosecutor until such time that respondent is either
convicted or
acquitted by proper court
General Rule: Criminal prosecution may not be
restrained or stayed by injunction.

Exceptions:
1. To afford adequate protection to the constitutional rights of
the accused
2. When necessary for the orderly administration of justice or
to avoid there is a pre-judicial question which is sub judice
3. When
oppression
4. When theor multiplicity
acts of actions.
of the officer are without or in excess of
authority
5. Where the prosecution is under an invalid law, ordinance
or regulation
6. When double jeopardy is clearly apparent
7. Where the court has no jurisdiction over the offense
8. Where it is a case of persecution rather than prosecution
9. Where the charges are manifestly false and motivated by
the lust for
vengeance
10. When there is clearly no prima facie case against the
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.

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.

Information (defined).
An information is an accusation in writing charging a
person with an offense, subscribed by the prosecutor and filed with the court.
 Designation of the offense; Either
1. designation of the offense given by the statute, or
2. if there is no designation, reference to the section or subsection of the
statute punishing it
3. aver the acts or omissions constituting the offense
4. Specify its qualifying and aggravating circumstances.

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. 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. (Sec. 5 Rule 110 ROC)
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.

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.
Prosecution of Criminal Action
-A criminal action is prosecuted under the direction and control of a public
prosecutor. This is the general rule and it applies to a criminal action
commenced either by a complaint or an information (Sec 5 Rule 110) (Uy vs.
People Gr. No. 174899, September 11, 2009)

Appearance of a private prosecutor

-The appointment of a private prosecutor is done by the offended party and is the
mode by which the latter intervenes in the prosecution of the offense. This
intervention is however only allowed where the civil action for the recovery of the
civil liability is instituted in the criminal action based on Rule 111.
Hence, the offended party may not intervene in the prosecution
of the offense
through private prosecutor if the offended party:
1. Waives the civil action
2. Reserves the right to institute it separately or,
3. Institute civil action prior to the criminal action.
Power and Discretion of the Public Prosecutor
1. Determine whether a prima facie case exists
2. Decide which of the conflicting testimonies should be believed free from
interference or control of the offended party
3. Subject only to the right against self-incrimination, determine which
witnesses to present in court (Chua Vs. Padillo GR No. 163797 April 24,
2007)

The public prosecutor the actual prosecution of the criminal case to a private
prosecutor in the exercise of discretion, but he mat at anytime, take over the
actual conduct of the trial. (People Vs. tan GR. No. 177566. March 26,2008)
 Sufficiency of complaint or
A complaint orinformation
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.

Name of the
The complaint
accused.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.
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, unless 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 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.
Preliminary investigation- (defined) 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. (Par. 1 Sec. 1.Rule 112 Rules of Court)
Officers Authorized to Conduct Preliminary Investigations. The following
may conduct preliminary investigations: (Sec. 2.Rule 112 Rules of Court)
a. Provincial or City Prosecutors and their assistants;
b. National and Regional State Prosecutors; and
c. Other officers as may be authorized by law.
When Warrant of Arrest may Issue.
-By the Regional Trial Court. Within ten (10)
days from the filing of the complaint or information, the judge shall personally
evaluate the resolution of the prosecutor and its supporting evidence. He may
immediately dismiss the case if the evidence on record clearly fails to establish
probable cause.

Person Lawfully Arrested Without a warrant may ask for a

Preliminary
Investigation
Although an inquest is the proceedings which normally apply when a person is
lawfully arrested without a warrant, such person may nevertheless, ask for
preliminary investigation in accordance with rule 112, before the complaint or
information is filed but he must sign a waiver of the provision of Art 125 of the
RPC in the presence of his counsel.
 Arrest of the Accused
Arrest- (defined) is the taking of a person into custody in order that he may
be
bound to answer for the commission of an offense. (Section 1 Rule 113)
Arrest how made. An arrest is made by an actual restraint of a person to
be
arrested, or by his submission to the custody of the person making the arrest. No
violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his
detention. (Section 2a Rule 113)
Duty of arresting officer It shall be the duty of the officer executing the
warrant
to arrest the accused and deliver him to the nearest police station or jail without
unnecessary delay. (Sec. 3 Rule 113 Rule of Court)
 Execution of warrant -The head of the office to whom the warrant of arrest
was
delivered for execution shall cause the warrant to be executed within ten (10)
days from its receipt. Within ten (10) days after the expiration of the period, the
officer to whom it was assigned for execution shall make a report to the judge
who issued the warrant. In case of his failure to execute the warrant, he shall
state the reasons therefore. (Sec. 4 Rule 113 Rule of Court)
Arrest without warrant; when lawful
A peace officer or a private person may, without a warrant, arrest a person: (Sec. 5 Rule 113 Rule of Court)

a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense.
b. When an offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the
person to be arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where
he is serving final judgment or is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. In cases falling under paragraphs (a) and (b) above, the
person arrested without a warrant shall be forthwith delivered to the nearest police station
or jail and shall be proceeded against in accordance
Arrest after escape or rescue
- If a person lawfully arrested escapes or is rescued, any person may immediately
pursue or retake him without a warrant at any time and in any place within the
Philippines. (Sec. 13 Rule 113 Rule of Court) Right of attorney or relative to visit
person arrested Any member of the Philippine Bar shall, at the request of the
person arrested or of another acting in his behalf, have the right to visit and
confer privately with such person in the jail or any other place of custody at any
hour of the day or night. Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.
 BAI
Bai
L
l the security given for the release of a person in custody of the
-is
law, furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified. Bail may be given in
the form of corporate surety, property bond, cash deposit, or recognizance. (Sec.
la Rule 114 Rule of Court)
A bail application does not only involve the right of the accused to
temporary
liberty, but likewise the right of the State to protect the people and the peace of
the community. (People vs, Manallo 400 SCRA 129)
Bail, when discretionary
Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.
The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to
the appellate court. However, if the decision of the trial court convicting the
accused changed the nature of the offense from non-bailable to bailable, the
application for bail can only be filed with and resolved by the appellate court.
(Sec. 5 Rule 114 Rule of Court
Burden of proof in bail application
At the hearing of an application for bail filed by a person who is in custody for the
commission of an offense punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is
strong. The evidence presented during the bail hearing shall be considered
automatically reproduced at the trial but, upon motion of either party, the court
may recall any witness for additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to testify.
Bail, where filed

1. Bail in the amount fixed may be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge in the province, city, or
municipality. If the accused is arrested in a province, city, or municipality other than where
the case is pending, bail may also be filed with any regional trial court of said place, or if no
judge thereof is available, with any metropolitan trial judge, municipal trial judge, or
municipalcircuit trial judge therein. (Sec. 17a Rule 114 Rule of Court)

2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or appeal. (Sec. 17b Rule 114 Rule of Court)

3. Any person in custody who is not yet charged in court may apply for bail with any court in
the province, city, or municipality where he is held. (Sec. 17c Rule 114 Rule of Court)
 Increase or reduction of bail
After the accused is admitted to bail, the court may, upon good cause, either
increase or reduce its amount. When increased, the accused may be committed
to custody if he does not give bail in the increased amount within a reasonable
period. An accused held to answer a criminal charge, who is released without bail
upon filing of the complaint or information, may, at any subsequent stage of the
proceedings and whenever a strong showing of guilt appears to the court, be
required to give bail in the amount fixed, or in lieu thereof, committed to custody.
Forfeiture of bail
When the presence of the accused is required by the court or these Rules, his
bondsmen shall be notified to produce him before the court on a given date and
time. If the accused fails to appear in person as required, his bail shall be
declared forfeited and the bondsmen given thirty (30) days within which to
produce their principal and to show cause why no judgment should be rendered
against them for the amount of their bail
 Rights of Accused at the Trial
Rights of Accused at the Trial
In all criminal prosecutions, the accused shall be entitled to the following rights:
(Sec. 1 Rule 115 Rule of Court)

a. To be presumed innocent until the contrary is proved beyond reasonable doubt.

b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment.
d. To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
f. To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or cannot
with due diligence be found in the Philippines, unavailable, or otherwise unable to testify,
given in another case or proceeding, judicial or administrative, involving the same parties
and subject matter, the adverse party having the opportunity to cross-
examine him.
g. To have compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf.
h. To have speedy, impartial and public trial.
i. To appeal in all cases allowed and in the manner prescribed by law. (la)
j. Art III Sec 14 (2) xxx In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved.
k. This presumption prevails over presumption of regularity in the
performance of official duty.
Equipoise Rule- provides that where the evidence in a criminal case is
evenly
balanced, the constitutional presumption of innocence_tilts the scales in favor of
the accused (People Vs. Erguiza Gr. No. 171348 Nov 26,2008)

RA 7438 provides that any person arrested, detained or under custodial

investigation shall at all times be assisted by counsel"

In a criminal cases, the right of the accused to be assisted by counsel is

immutable. Otherwise, there would be a great denial of due process. Thus even if
the judgment have become final and executory, it may still be recalled, and the
accused afforded the opportunity to be heard by himself and counsel (Hilario Vs.
people GR. No. 161070 April 14,2008)
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