PRINCE CHARMING NOTES BY JUAN CARLO SANTOS

CRIMINAL PROCEDURE REVIEWER Form Writing, in the Writing, in the

name of the name of the
RULE 110 – PROSECUTION OF OFFENSES People of the People of the
Philippines and Philippines and
INSTITUTION OF CRIMINAL OFFENSES against all against all
persons who persons who
Can be subdivided into two: appear to be appear to be
- Those requiring preliminary investigation responsible for the responsible for the
- All other offenses offense involved. offense involved.
Subscribed by The offended Prosecutor.
Those requiring Preliminary investigation who? party, any peace
- Complaint should be filed with the proper officer for officer, or other
the purpose of conducting the requisite of preliminary public officer
investigation charged with the
enforcement of
All other offenses the law.
1. Complaint or information directly filed with the Filed in Court? No. Yes.
Municipal Trial Court and Municipal Circuit Trial
Court WHO MUST PROSECUTE CRIMINAL ACTIONS?
2. Complaint with the Office of the Prosecutor
3. If within Manila, and other chartered cities, file a General Rule: All criminal actions commenced by a complaint
complaint with the Office of the Prosecutor or information shall be prosecuted under the direction and
control of the prosecutor.

COMPLAINT v. INFORMATION Exceptions:

1. Heavy work schedule
Complaint Information 2. Lack of public prosecutors
Definition A sworn written An accusation in
statement writing charging a The private prosecutor may be authorized in WRITING by the
charging a person person with an Chief of the Prosecution Office or the Regional State
with an offense, offense subscribed Prosecution to prosecute the case subject to the approval of
subscribed by the by the prosecutor the court.
offended party, and filed by the
any peace officer, court Exception to the Exception:
or other public 1. The private prosecutor may prosecute until his
officer charged authority is revoked.
with the
enforcement of
the law violated.
 PRINCE CHARMING NOTES BY JUAN CARLO SANTOS

SPECIAL RULES ON CERTAIN CRIMES and STATUSES

5. Special Laws
1. Adultery and Concubinage a. Shall be governed by their provisions
a. Shall only be prosecuted upon a complaint filed
by the offended spouse WHAT TO INCLUDE IN THE COMPLAINT OR
b. The offended party cannot institute criminal INFORMATION
prosecution without including the guilty parties
c. The offended party cannot institute criminal A complaint or information is sufficient if it states the
prosecution if he or she has consented to the following:
offense 1. Name of the accused
d. The offended party cannot institute criminal 2. Designation of the offense given by the statute
prosecution if he or she has pardoned the 3. the acts or omissions complained of as constituting
offenders. the offense
2. Seduction, Abduction and Acts of Lasciviousness 4. The name of the offended party
a. Shall only be prosecuted upon a complaint 5. the approximate date of the commission of the
filed by the offended party, her parents, offense
grandparents, or guardian 6. place where the offense was committed.
b. The offended party cannot institute criminal
prosecution if the offender has expressly NAME OF THE ACCUSED
pardoned any of them - Must state the name and surname of the accused or
c. If the offended party dies or becomes any appellation or nickname by which he has been or
incapacitated before she can file a complaint, is known.
and no known parents, grandparents, or - If his name cannot be ascertained, he must be
guardian, the state shall initiate the criminal described under a fictitious name with a statement
action in her behalf. that his true name is unknown.
3. Defamation - If the accused discloses his true name or appears in
a. Shall only be prosecuted upon a complaint filed some other manner in court, the true name shall be
by the offended party. inserted in the complaint, or information and record.
4. Minority
a. Minors may initiate the prosecution of the DESIGNATION OF THE OFFENSE
offenses of seduction, abduction, and acts of - The complaint or information shall state the
lasciviousness independently of her parents, designation of the offense given by the statute, aver the
grandparents, or guardian unless she is acts or omission constituting the offense, and specify
incompetent or incapable of doing so. its qualifying and aggravating circumstance.
b. parents, grandparents, or guardian may file the - If no designation, reference shall be made to section of
complaint if the minor fails to. the statute punishing it
c. The list of the those who may file under this
rule are exclusive and shall be exercised CAUSE OF THE ACCUSATION
successively
 PRINCE CHARMING NOTES BY JUAN CARLO SANTOS

- Language must be ordinary and concise enough to GENERAL RULE: A complaint or information must charge
enable a person of common understanding to know only one offense
what offense is being charged as well as its qualifying
and aggravating circumstances. EXCEPTION: when the law prescribed a single punishment
for various offenses.
PLACE OF COMMISSION OF THE OFFENSE
- Complaint or information must include the place AMENDMENT OR SUBSTITUTION
where the offense or some of its ingredients occurred
- GENERAL RULE: Must be within jurisdiction of the Before Accused enters plea
court - Complaint or information may be amended in form or
EXCEPTION: the place constitutes an essential substance, without leave of court
element of the crime charged - *amendments which downgrade the nature of the
offense can ONLY BE MADE UPON MOTION BY THE
DATE OF COMMISSION OF THE OFFENSE PROSECUTOR, WITH NOTICE TO THE OFFENDED
- GENERAL RULE: Not necessary to state the PRECISE PARTY AND LEAVE OF COURT.
DATE
EXCEPTION: date is material ingredient of the offense After Accused enters plea
- Formal amendment may only be made with leave of
NAME OF THE OFFENDED PARTY court and
- Must state name and surname of the offended party - Without causing prejudice to the rights of the accused
with appellation or nickname.
- - If name is unknown, he must be described under a PLACE WHERE ACTION IS TO BE INSTITUTED
fictitious name
- For crimes against property, if name is unknown, the 1. criminal action shall be instituted and tried in the court of
property must be described with particularity as to the municipality or territory where the offense was
properly identify the offense charged. committed or where any of its essential ingredients
- If the offended party discloses his true name or occurred.
appears in some other manner in court, the true name
shall be inserted in the complaint, or information and 2. If committed in a TRAIN, AIRCRAFT, PUBLIC OR PRIVATE
record VEHICLE in the course of its trip, action shall be instituted
- If offended party is a juridical person, it is sufficient to where the four have passed during the trip including the
state its name, or any name or designation by which it place of departure and arrival.
is known or by which is may be identified, without
need of averring that it is a juridical person or that it is 3. If committed in a vessel, action shall be instituted in the
organized in accordance with law. court of the first port of entry or any municipality or territory
where the vessel passed during the voyage subject to
DUPLICITY OF THE OFFENSE international law
 PRINCE CHARMING NOTES BY JUAN CARLO SANTOS

4.Crimes covered under Art. 2 of the PH shall be cognizable by - NO FILING REQUIRED FOR ACTUAL DAMAGES.
the court where the criminal action is FIRST filed.
- No counterclaim, cross-claim, or third party complaint
may be filed by the accused in the criminal case. This
INTERVENTION OF THE OFFENDED PARTY IN CRIMINAL may be litigated in a separate civil action.
ACTION
GENERAL RULE FOR BP 22 CASES: action to for violation of
- If civil action for recovery of civil liability is instituted BP 22 includes corresponding civil action.
in the criminal action, the offended party may
intervene by counsel in the prosecution of the offense. - No reservation to file separate civil action is allowed.
- Offended party shall pay the filing fees based on the
RULE 111: PROSECUTION OF CIVIL ACTION amount of the check involved, which shall be
considered as actual damages claimed.
INSTITUTION OF CRIMINAL AND CIVIL ACTIONS - If complaint or information includes liquidated, moral,
nominal, temperate, or exemplary damages, the
GENERAL RULE: Filing of a criminal action includes the civil offended party shall pay the filing fees based on the
action for recovery of civil liability arising from the offense amounts alleged. If not alleged, filing fees shall
charged. constitute first lien on the judgment
- If civil action has been filed separately and trial has
EXCEPTIONS: not yet commenced, it may be consolidated with the
1. Waiver by the Offended Party criminal action upon application with the court trying
2. Offended Party Reserves his right to institute it separately the latter case.
3. Offended Party institutes the civil action prior to the
criminal action SUSPENSION OF SEPARATE CIVIL ACTION

- Reservation of the right shall be made BEFORE the - Separate civil action cannot be instituted after
prosecution starts presenting evidence and after the commencement of criminal action until final judgment.
offended party is given a reasonable opportunity to
make such reservation. - If Separate civil action comes first, then the criminal
action, former shall be suspended regardless of
- If offended party enforces civil liability by way of moral, whatever stage it may be until final judgment
nominal, temperate, or exemplary damages, without
specifying the amount, filing fees shall constitute first - SCA may be consolidated with criminal action by
lien on the judgment awarding such damages. motion of the offended party before judgment on the
merits. Evidence adduced in the civil action shall be
- If amount of damages are specified in the complaint, deemed automatically reproduced in the criminal
filing fees shall be paid by the offended party upon action.
filing.
 PRINCE CHARMING NOTES BY JUAN CARLO SANTOS

- Prescription period for civil action will not run during

the pendency of the criminal action. Death before arraignment
- Case dismissed without prejudice to any civil action
- Extinction of penal action does not carry extinction of the offended party may file against the estate of the
civil action. However if the civil action is based on a deceased
tort, it may be deemed extinguished if there is a
finding in a final judgment in the criminal action that JUDGMENT IN CIVIL ACTION NOT A BAR
the act or omission from which the civil liability may - Final judgment absolving the defendant from civil
arise did not exist. liability does not bar the offended party from filing a
criminal case.
INDEPENDENT CIVIL ACTION
SUSPENSION BY REASON OF PREJUDICIAL QUESTION
- The offended party may bring an independent civil - Petition for suspension of criminal action based on
action provided for under Articles 32,33,34 and 2176 prejudicial question in a civil action may be filed in the
of the Civil Code. office of the prosecutor or the court conducting the
- Degree of evidence: preponderance of evidence preliminary investigation.

EFFECT OF DEATH IN CIVIL ACTIONS - Elements:

1. The previously instituted civil action involves
Death after arraignment an issue similar or related to the issue raised in
- GNERAL RULE: Extinguishment of civil liability the subsequent criminal action
arising from the delict.
2. the resolution of such issue determine
- EXCEPTION: if action is independent civil action, it whether or not the criminal action may
may be enforced against estate or other legal proceed.
representative of the accused after proper substitution.

- Heirs may substitute the deceased without requiring

the appointment of an executor or administrator

- Court may appoint a guardian ad litem for the minor

heirs.

- Court shall order appearance of the representatives

within 30 days from notice.

- Judgment in favor of the offended party shall be

enforced in the manner provided under the Rule for
prosecuting claims against the estate of the deceased.