Prosecution

Gjenerrick Carlo R. Mateo

Prosecution of Offenses
(Rule 110)
Section 1. Institution of criminal actions.
For offenses where a preliminary
investigation is required - by filing the
complaint with the proper officer for the
purpose of conducting the requisite
preliminary investigation.
Preliminary investigation is REQUIRED for
offenses where the penalty prescribed by law
is at least 4 years, 2 months and 1day without
regard to fine (Rule 112, Sec. 1 Par.2).

 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.
DOES NOT APPLY to offenses which
are subject to summary procedure.

 In Manila and other chartered cities,

the complaint shall be filed with the
office of the prosecutor unless
otherwise provided in their charters.
The institution of the criminal action
shall interrupt the running period of
prescription of the offense charged
unless otherwise provided in special
laws.

How instituted?
By filing the:
1) Complaint, or
2) Information.

Section 2. Form of the complaint

or information.

FORM
1. In writing;
2. In the name of the People of the
Philippines; and
3. Against all persons who appear to
be responsible for the offense
involved.

Section 3. Complaint defined.

A Complaint is:
1. a sworn written statement;
2. charging a person with an offense;
3. 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:
1. an accusation in writing;
2. charging a person with an offense;
3. subscribed by the prosecutor and
filed with the court.

COMPLAINT
Subscribed by the
offended party, any
peace officer or
other officer
charged with the
enforcement of the
law violated
it may be filed
either in court or in
the prosecutors
office
must be made
under oath

INFORMATION
Subscribed by the
fiscal
(indispensable
requirement)

it is filed with the

court

need not be under

oath

Section 5. Who must prosecute

criminal actions.
FULL DISCRETION AND CONTROL
OF THE PROSECUTOR
All criminal actions commenced by a
complaint or information shall be
prosecuted under the direction and
control of the prosecutor.

A PRIVATE PROSECUTOR may be

authorized to prosecute a criminal
action subject to the following
conditions:
1. The public prosecutor has a heavy
work schedule, or there is no public
prosecutor assigned in the province
or city;
2. the private prosecutor is authorized
IN WRITING by the Regional State
Prosecutor (RSP), Provincial or City
Prosecutor;
3. the authority of the private

4. The private prosecutor shall

continue to prosecute the case until
the end of the trial unless the
authority is withdrawn or otherwise
revoked by the RSP, Provincial or City
Prosecutor; and
5. In case of the withdrawal or
revocation of the authority of the
private prosecutor, the same must
be approved by court.

PROSECUTION OF CRIMES
AGAINST CHASTITY

WHO MAY PROSECUTE

1. Concubinage and adultery only
by the offended spouse who should
have the status, capacity, and legal
representation at the time of filing
of the complaint, regardless of age;

2. Seduction, Abduction and Acts of

Lasciviousness prosecuted
exclusively and successively by the
following persons in this order:
a) by the offended woman
b) by the parents, grandparents or
legal/judicial guardians in that successive
order
c) by the State in the exercise of the right of
parens patriae, when the offended party
dies or becomes incapacitated before she
could file the complaint and she has no
known parents, grandparents or guardian.

3. A defamation imputing to a
person any of the foregoing
crimes of concubinage, adultery,
seduction, abduction, rape or acts of
lasciviousness can be prosecuted
only by the party or parties defamed
(Article 360, last par., Revised Penal
Code).

Section 6. Sufficiency of complaint or

information.

CONTENTS OF A VALID COMPLAINT OR

INFORMATION
1. Name of the accused, including any appellation or
nickname.
2. The designation of the offense.
3. The acts or omissions complained of as
constituting the offense.
4. The name of the offended party.
5. The approximate time of the commission of the
offense.
6. The place wherein the offense was committed.

Section 7. Name of the accused.

PURPOSE
The manifest intent of the provision
is to make a specific identification of
the person to whom the commission
of an offense is being imputed.

 Section 8. Designation of the offense.

The information or complaint must state
or designate the following whenever
possible:
The designation of the offense given by
the statute.
The statement of the acts or omissions
constituting the offense, in ordinary,
concise and particular words.
The specific qualifying and aggravating
circumstances must be stated in ordinary
and concise language.

Section 9. Cause of the

accusation.

PURPOSE
to enable the court to pronounce
proper judgment;
to furnish the accused with such a
description of the charge as to
enable him to make a defense;
as a protection against further
prosecution for the same cause.

 Section 10. Place of commission of

the offense

PURPOSE
To show territorial jurisdiction.

 Section 11. Date of commission of the

offense
GENERAL RULE:
It is NOT required that the complaint or
information state with particularity the
PLACE where the crime was committed and
the DATE of the commission of the crime.
EXCEPTION:
If the PLACE/DATE of the commission of the
offense constitutes an essential element of
the offense.

 Section 12. Name of the

offended party

GENERAL RULE: The offended party

must be designated by name,
nickname, any other appellation or
by fictitious name.
EXCEPTION: In crimes against
property, the description of the
property must supplement the
allegation that the owner is
unknown.

 Section 13. Duplicity of offense.

There is duplicity when the complaint or
information charges 2 or more DISTINCT or
DIFFERENT offenses.
GENERAL RULE:
A complaint or information must charge only
one offense.
EXCEPTIONS:
Complex crimes
Special Complex crimes
Continuous crimes or delicto continuado
Crimes of which another offense is an ingredient

Section. 14. Amendment or substitution.

An amendment is only in form where it neither
affects nor alters the nature of the offense
charged OR where the charge does not deprive
the accused of a fair opportunity to present his
defense OR where it does not involve a change
in the basic theory of the prosecution.
Substitution 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, provided the accused shall not
be placed in double jeopardy.

 Section 15. Place where action is

to be instituted.
VENUE IS JURISDICTIONAL
Venue is jurisdictional as the court
has no jurisdiction to try an offense
committed outside its territorial
jurisdiction. It cannot be waived, or
changed by agreement of the
parties, or by the consent of the
defendant.

GENERAL RULE: Subject to existing

laws, in all criminal prosecutions, the
action must be instituted and tried in
the courts of the municipality or
territory where the offense was
committed or any of its essential
ingredients occurred.

 EXCEPTIONS TO THE RULE OF

VENUE:
1. Felonies under Art. 2 of the Revised
Penal Code
2. Complex Crimes
3. Continuing Offense
4. Piracy
5. Libel
6. In exceptional circumstances

 Section 16. Intervention of the

offended party in criminal action.
GENERAL RULE: Offended party has
the right to intervene by counsel in
the prosecution of the criminal
action, where the civil action for
recovery of civil liability is instituted
in the criminal action pursuant to
Rule 111.

EXCEPTIONS:
Where from the nature of the crime
and the law defining and punishing
it, NO civil liability arises in favor of
the offended party; and
Where the offended party has
waived his right to civil indemnity
OR has expressly reserved his right
to institute a civil action OR has
already instituted said action.

THANK
YOU!!!