Suspension of The Separate Civil Action GR: If The Civil Action Is Instituted Before The Institution of The Criminal Action, The Pending Civil Action, in Whatever

1.
Criminal law is the branch of public law which defines crimes and threats of its nature and provides for its
punishment.
Criminal Procedure it lays down the procedure by which an offender is made to answer for violation of the criminal
laws.
2.
Rule 110, Section 2. The Complaint or information. – The complaint or information shall be in writing in the name
of People of the Philippines and against all persons who appear to be responsible for the offense involved.
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.
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.
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 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 only be made only upon motion of the prosecutor, with notice to the
offended party and with leave of court. The court shall state the reasons in resolving the motion and copies of its
order shall be furnished all parties especially the offended party.
If it appears at any time before final 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 would not be placed in double jeopardy. The court may
require the witnesses to give bail for their appearance at the trial.
3. Rule 111 section 1

When a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the offended party waives the civil action,
reserves his right to institute it separately or institutes the civil action prior to the criminal action.
SUSPENSION OF THE SEPARATE CIVIL ACTION

GR: If the civil action is instituted before the institution of the criminal action, the pending civil action, in whatever
stage it may be found, shall be suspended until final judgment of the criminal action has been rendered. (Sec. 2, Rule
111)
XPNs:
1. In cases of independent civil actions based on Arts. 32, 33, 34 and 2176 of the Civil Code;
2. In cases where the civil action presents a prejudicial question; and
3. Where the civil action is not one intended to enforce the civil liability arising from the offense.
The petition for suspension by reason of prejudicial question is filed with:
1. The Office of the Prosecutor; or

2. The court where the criminal action has been filed for trial at any time before the prosecution rests.
(Sec. 6, Rule 111)

4. Arrest - It is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense. (Sec. 1, Rule 113)
Section 2. 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.
Modes of effecting arrest

1. By an actual restraint of a person to be arrested; or
2. By his submission to the custody of the person making the arrest. (Sec. 2 Rule 113)
Section 4 – the head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be executed with 10 days from its receipt. Within 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 therefor.
Section 5 arrest without warrant ; when lawful –
1) When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting
to commit an offense;
2) When an offense has just been committed and he has
probable cause to believe based on his personal knowledge of
facts or circumstances that the person to be arrested has
committed the crime;
3) 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.
Instances of a valid warrantless arrest

1. In flagrante delicto arrest;
2. Doctrine of hot pursuit; and
3. Escapee.
Arrest may be made on any day, at any time of the day or night. (Sec.6, Rule 113)
An officer may break into a building or enclosure to effect an arrest provided that:
1. The person to be arrested is or reasonably believed to be in the said building;
2. The officer has announced his authority and purpose for entering therein; and
3. He has requested and been denied admittance. (Sec. 11, Rule 113)
Section 12 Right to break out from the building or enclosure- whenever an officer has entered the building or
enclosure in accordance with the preceding section , he may break out therefrom when necessary to liberate himself.

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1.

Section 14. Amendment or substitution.

3. Rule 111 section 1

SUSPENSION OF THE SEPARATE CIVIL ACTION

The petition for suspension by reason of prejudicial question is filed with:

1. The Office of the Prosecutor; or

(Sec. 6, Rule 111)

Modes of effecting arrest

Section 5 arrest without warrant ; when lawful –

1) When, in his presence, the person to be arrested has

Instances of a valid warrantless arrest

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