Rule 110

PROSECUTION OF OFFENSES (RULE 110)
Purpose of Criminal Action: To determine the penal liability of the accused for having outraged the state with his
crime and, if he be found guilty, to punish him for it
Q: Define complaint and an information.
Sec. 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.
Sec. 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.
Complaint Information
It must be sworn (under oath) It requires no oath. Reason: The prosecutor

is acting under the oath of his office
It must be in writing It must be in writing
It is subscribed by (1) the offended party, It is subscribed by the prosecutor.

(2) any peace officer, or (3) other public
officer charged with the enforcement of the
law violated.
It is filed in the name of the People of the It is filed in the name of the Peole of the
Philippines Philippines
Q: if the complaint is not sworn to by the offended party, is it void?
No. It is a mere defect of form which does not affect the substantial rights of the accused.
Q: If the offended party dies before he is able to file a complaint, can his heirs file it in his behalf?
No, the right to file a criminal action is person and intransmissible to the heirs.
USC LAW 2017- CRIMPRO ATTY. SOLENG 1

Q: In whose name and against whom a complaint is filed?
It is filed in the name of the People of the Philippines and against all persons who appear to be responsible for the
offense involved. Sec 2
NOTE: The complainants role is limited to that of a witness for the prosecution.
Q: Who are the parties in a criminal action?
The parties to the action are the People of the Philippines and the accused.
Q: What is the test for sufficiency of the complaint or information?
The test is whether the crime is described in intelligible terms with such particularity as to apprise the accused with
reasonable certainty of the offense charged to enable the accused to suitable prepare for his defense. Reason: He
is presumed to have no independent knowledge of the facts that constitute the offense.
NOTE: The information to be sufficient must validly charge an offense. An information is fatally defective when it is
clear that it does not really charge an offense or when an essential element of the crime has not been sufficiently
alleged.
Q: When does a complaint or information deemed sufficient?
A complaint or information is deemed sufficient if it contains the following:
Name of the accused
If the offense is committed by more than 1 person, all of them be must included
It must state the name and the surname of the accused, or any appellation or nickname by which he is known. Sec.
7
If his name cannot be ascertained, he must be described under a fictitious name which must must be accompanied
by a statement that his true name is unknown
If later his true name is disclosed by him or becomes known, his true name shall be inserted in the complaint or
information and in the records of the case

Q: What are the two types of positive identification?
Direct evidence
-A witness may identify a suspect or accused in a criminal case as the perpetrator of the crime as an eyewitness to
the very act of the commission of the crime.
Identification which forms part of the circumstantial evidence
-Although a witness may not have actually seen the very act of the commission of the crime, he still may be able to
positively identify a suspect or accused as the perpetrator of a crime like when the latter is the person or one of the
persons last seen with the victim before and right after the commission of the crime.
NOTE: Circumstantial evidence constitutes an unbroken chain of pieces of evidence which leads to only fair and
reasonable conclusion that the accused is the author of the crime to the exclusion of the others.
Q: When is an error in the name of the accused not fatal to an information?
Error in the name of the accused will not nullify the information If it contains sufficient description of the
person of the accused. NOTE: Error should be raised be raised before arraignment or else it is deemed waived.
Designation of the offense (Sec 8)
The designation of the offense requires as a rule that the name given to the offense by statute shall be stated in the
complaint or information; If the statue gives no designation to the offense, then reference shall be made to the
section or subsection punishing it.
Q: What is the effect of failure to designate the offense given by the stature of failure to mention the provision
stated?
It does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged.
Reason: The character of the crime is determined by the recital of the ultimate facts and circumstances in the
information.

NOTE: The prosecutor is not required to be absolutely accurate in designating the offense by its formal name in
the law
Examples:
i. X was charged with homicide. Can he be possibly be convicted of murder?
Yes. If the recitals in the complaint or information of the acts and omissions constituting the offense actually allege murder,
X can be convicted of murder. This is because it is the recital of facts and not the designation of the offense that is
controlling.
ii. X was charged with estafa, but the recital of facts actually alleges theft. Can X be convicted of theft?
Yes, because it is the recital, not the designation of the offense that is controlling.
iii. X was charged with estafa, and the recital of facts allege estafa. Can X be convicted of theft?
No. The two crimes have elements that are different from each other. To convict X of theft under an information that alleges
estafa would violate his right to be informed of the nature and cause of the accusation against him.
iv. X was charged with rape committed through force and intimidation. Can he be convicted of rape where the woman is
deprived of reason or is otherwise unconscious?
No. Where the law distinguishes between two cases of violation of its provision, the complaint or information must specify
under which of the two cases the defendant is being charged.
v. In what case can an accused not be convicted of a crime different from that designated in the complaint or information
even if the recitals allege the commission of the crime?
If it involves:
1. a change of the theory of the trial
2. requires of the defendant a different defense
3. surprises the accused in any way
i. X was accused of illegal possession of firearms, but the information did not allege that X did not have any license to
possess the firearm. Is the information valid?

No. The absence of the license is an essential element of the offense. Therefore, it should be alleged in the complaint or
information.
ii. X was charged with illegal possession of opium. X contends that the information was invalid for failure to allege that he
did not have a prescription from a physician. Is X correct?
No. The absence of the prescription is not an essential element of the offense and is only a matter of defense. It need not be
alleged in the information.
Q: What is the rule on duplicity of the offense?
General Rule: Every single complaint or information must charge only offense. Purpose: to give the accused the
necessary knowledge of the charge against him and enable him to sufficiently prepare for his defense, not to
confuse hi in his defense.
Exception: A complaint or information may contain 2 or more offenses when the law prescribes a single
punishment for various offenses.
Examples:
Complex Crimes and Compound Crimes (Article 48)
-When a single act produces two or more grave or less grave felonies; or When an offense is necessary for
committing the other (Complex)
-When a single act constitutes 2 or more grave or less grave felonies (Compound)
i. X was speeding on a highway when his car collided with another car. The other car was totally wrecked and the driver of
the other car suffered serious physical injuries. How many informations or complaints should be filed against X?
Only one information should be filed for serious physical injuries and damage to property through reckless imprudence. The
information against X cannot be split into two because there was only one negligent act resulting in serious physical injuries
and damage to property.
ii. Same case, but the injuries suffered by the driver were only slight physical injuries. How many informations should be filed?

Two informations one for the slight physical injuries and the other for damage to property. Light felonies cannot be
complexed.
2. Special Complex Crimes
-are component crimes constituting a single indivisible offese, and are penalized under one article of the RPC. For
example article 294 provides for robbery with homicide as a single offense.
3. Continuous Crimes (Delito Continuado)
Q: What is a continuing or transitory offense?
Transitory offenses are crimes where some acts material and essential to the crimes and requisite to their commission occur in
one municipality or territory and some in another. Continuing offenses are consummated in one place, yet by the nature of the
offense, the violation of the law is deemed continuing. Examples are estafa, abduction, malversation, libel, kidnapping, violation
of BP22.
Q: How do you determine jurisdiction over a continuing crime?
The courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. But the court
which first acquires jurisdiction excludes the other courts.
4. Principle of Absorption
-In cases of rebellion, other crimes committed in the course of the crime are deemed absorbed in the crime of
rebellion either as a means necessary for its commission or as an unintended effect of rebellion. They cannot be
charged as separate offenses in themselves. The exception is when the common crimes are committed without any
political motivation. In such a case, they will not be absorbed by rebellion.
Comprehensive Law on Firearms and Ammunition (RA 10591)
Comprehensive Dangerous Drugs Act
NOTE: Duplicity of offense is a ground for a motion to quash (Sec 3(f), Rule 117). An objection must be timely
interposed by the accused BEFORE trial, otherwise, he is deemed to have waived said effect.

Effect of waiver: The court may convict him for as many offenses as are charged and proved, and impose on him
the penalty for each offenses.
Examples:
i. What is the rule on duplicity of offenses?
A complaint or information must charge only one offense, except when the law provides only one punishment for various
offenses (compound and complex crimes under Art. 48 of the RPC and special complex crimes).
ii. What is the effect of the failure of the accused to object to a duplicitous information?
If the accused fails to object before arraignment, the right is deemed waived, and he may be convicted of as many offenses as
there are charged.
iii. X fired his gun once, but the bullet killed two persons. He was charged with two counts of homicide in one information.
Can he be convicted under that information?
Yes. It falls under the exception to the rule. This is a compound crime in which one act results in two or more grave or less grave
felonies. The law provides only one penalty for the two offenses.
iv. X was charged with both robbery and estafa in one information. Can he be convicted of both offenses?
It depends. If he objects to the duplicitous information before arraignment, he cannot be convicted under the information. But
if he fails to object before arraignment, he can be convicted of as many offenses as there are in the information.
b) Averment of the acts or omissions constituting the offense
c) It shall specify the qualifying and aggravating circumstances of the offense. Reason: Failure to state even if
duly proven at the trial will not be appreciated as such.
NOTE: It is necessary to allege the facts that gave rise to the aggravating circumstance, it is insufficient to merely
state the aggravating.
Acts or omissions complained of as constituting the offense

The specific acts of the accused need not be described in specific detail in the information as it is enough that
the offense be described with sufficient particularity to make sure the accused fully understands what he is
being charged with.
The information must allege clearly and accurately the elements of the crime charged.
Name of the offended party
The complaint or information must state the name and surname of the offended party or any appellation or
nickname by which such person has been or is known.
If his name cannot be ascertained, he must be described under a fictitious name
If later his true name is disclosed by him or becomes known, his true name shall be inserted in the complaint or
information
Q: How to state the name of the offended party which is a juridical person?
It is sufficient to state its name or any name or designation by which it is known without need of averring that it
is a juridical person.
Q: In what cases is the name of the offended party indispensable?
Slander, robbery with violence or intimidation.
Q: In what case is the name of the offended party dispensable? How to state the name of the offended party 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. Sec 12 (a)
NOTE: Designation of the name of the offended party is not absolutely indispensable for as long as the criminal
act charged in the complaint or information can be properly identified.
Effects when property is generic or specific:

If the subject matter of the offense is generic and identifiable, an error in the designation of the offended party is
fatal and would result in the acquittal of the accused;
If the subject matter is specific and identifiable, an error in the designation of the offended party is immaterial
Date of the commission of the offense
General rule: It is not necessary to state in the complaint or information the precise date the offense was
committed
Exception: when the date of commission is a material element of the offense
What are the offenses in which the time of the commission of the offense is essential?
1. Infanticide
2. Violation of Sunday Statutes (Election Law)
3. Abortion
(6) Place where the offense was committed
General Rule: It is sufficient if it can be understood from the allegations in the complaint or information that
the offense was committed or some of its essen elements occurred at some place within the jurisdiction of the
court. NOTE: Such place must also be proven during trial.
Exception: The description of the place of the commission of the offense must be specific where the particular
place where the offense was committed is an essential element of the offense or is necessary for its
identification.
What are the offenses in which the particular place where the offense was committed is essential?
1. Violation of domicile

2. Penalty on the keeper, watchman, visitor of opium den
3. Trespass to dwelling
4. Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling
places)
NOTE: Venue in criminal cases is a jurisdictional matter. A court cannot exercise jurisdiction over a person
charged with an offense committed outside its limited territory.
Moreover, an objection may be raised based on the ground that the court lacks jurisdiction over the offense
charged, or such that the court lacks jurisdiction over the offense charged, or such lack my be considered motu
proprio by the court at any stage of the proceedings or on appeal.
Exceptions:
Where the offense was committed under the circumstances enumerated in Article 2 of the RPC. (Here the
offense shall be cognizable where the action is first filed)
Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code (RPC).
Where the case is cognizable by the Sandiganbayan (Generally, where the court actually sits in QC. Exception:
when the greater convenience of the accused and witnesses, or other compelling considerations, it may be
heard in another geographical region)
Written defamation (Libel)

Offended party (Private Person)- It may be filed in the RTC of the province or city where the libelous article is
printed and first published, or where he actually resided at the time of the commission of the offense;
Offended Party (Public officer)- whose office is in Manila at the time if the commission of the offense, the action
may be filed in the RTC of Manila, or where he held office at the time of the commission of the offense.
4. Offense committed in a train, aircraft, or other public or private vehicle in the course of its trip (Criminal
action shall be instituted in the actual place where the offense was committed, or any municipality or territory
where said train, aircraft or vehicle passed during its trip including the place of departure and arrival.)
Offense committed on board a vessel in the course of its voyage (Criminal action shall be instituted and tried in
the place of the commission of the offense, or in the first port of entry or in the court of any of the municipality
or territory wher the vessel passed during voyage, excluding the place of departure and arrival)
Venue of selected offenses:
Perjury
-If committed through false testimony under oath in a proceeding (neither criminal nor civil), venue is at the
place where the testimony under oath is given.
-If in lieu of the above, a written sworn written statement is submitted, even may either be (1) at the place where
the sworn statement is submitted, or (2) where the oath was taken. Reason: Taking of the oath and submission are
both material ingredients of the crime committed.
-In all cases, venue shall be based on the acts alleged in the information to be constitutive of the crime
committed.
II. Illegal Recruitment (Sec. 9 RA 8042)
-It shall be filed not only in the RTC or city where the offense was committed, or where the offended party
actually resides at the time of the commission of the offense.
III. Violations of B.P. 22
-It can be filed in any of the places where any of the elements if the offense occurred (where the check is drawn,
issued, delivered, or dishonored)
III. Estafa by postdating or issuing bad check (may be a transitory or continuing offence)
-Where the deceit took place, or where damage was inflicted

IV. Theft
-Where the property is stolen or unlawfully taken
Q: Who must prosecute the criminal action? Who controls the prosecution?
General Rule: A criminal action is prosecuted under the direction and control of the Public Prosecutor. Rationale: A
criminal action is an outrage against the sovereignty of the state, and is a breach of the security and peace of the
people at large.
"Section 5. Who must prosecute criminal action. - All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and control of a public prosecutor as amended by A.M. No.
02-2-07-SC
Exception: The Private prosecutor 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, but only on the following
situations:
In case of heavy work schedule of the public prosecutor; or
In the event of lack of public prosecutors
In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private
prosecutor 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 end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise withdrawn. x x x ." as amended by A.M. No. 02-2-07-SC
NOTE: The public prosecutor may at any time take over the actual conduct of the trial. Moreover, no act of
allowing the presentation of the defense witnesses in the absence of the public prosecutor or private
prosecutor designated for the purpose.
Q: In the absence of the prosecutor, who shall prosecute a criminal action in the MTC?
When the prosecutor assigned is not available, the action may be prosecuted by:
offended party;
Any peace officer; OR

Or public officer charged with the enforcement of the law violated
Q: What are the powers and discretion of the Public prosecutor?
The public prosecutor has the power and discretion to:
determine whether a prima facie case exists;
Decide which of the conflicting testimonies should be believed free from the interference or control of the
offended party; and
Subject only to the right against self-incrimination, determine which witnesses to present in court
Right against Self-incrimination enables a defendant to refuse to testify at a criminal

trial and "privileges him not to answer official questions put to him in any other
proceeding, civil or criminal, formal or informal, where the answers might incriminate
him in future criminal proceedings
Q: Can the Supreme Court compel or order the prosecution of a person against whom the prosecutor does not find
sufficient evidence to support at least a prima facie case?
General Rule: No. The right to prosecute vests the prosecutor with a wide range of discretion whether, what and
whom to charge, the exercise of which depends on factors which are best appreciated by the prosecutors.
Exception: Where there is an unmistakable showing of grave abuse of discretion on the part of the prosecutor
Q: Who serves as the appellate counsel of the People of the Philippines In criminal cases?
General Rule: In all criminal proceedings, it is only the Solicitor General that may bring an appeal on the criminal
aspect representing the People, otherwise, the case is perforce dismissible. Rationale: The party affected by the
dismissal is the People and not the petitioners (offended party) who are mere complaining witnesses.
Exception: (1) Either the offended party or the accused may appeal the civil aspect of the judgment despite the
acquittal of the accused.
The office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines in all
cases elevated to the Sandiganbayan and from Sandiganbayan to the SC, except in cases filed pursuant to EO No. 1,
2, 14 and 14A issued in 1986.

Q: Is the prosecutor required to be physically present in the trial of a criminal case?
Generally, yes bu the proceedings are valid even without the presence of the public prosecutor who left the
prosecution to the private prosecutor under his supervision and control.
Q: What is the effect if the original information was signed and filed by one who had no authority to sigh and file
the same?
The dismissal of the case would not be a bar to a subsequent prosecution under a subsequent new valid
information. Such lack of authority is a ground for the quashal of the information (Sec 3(d), Rule 117)
Jeopardy does not attach where an accused pleads guilty to a defective information.
Q: What is jeopardy and when will it attach?
Requisites for double jeopardy to attach:
-valid complaint or information
-court had jurisdiction
-accused had been arraigned
-accused entered a valid plea
-final judgment of conviction or acquitted or the case was dismissed w/0 his consent
-subsequent complaint is filed containing same crime or any offense necessarily included in the first offense
charged (Sec 7, Rule 117)
Exception: The conviction of the accused shall not be a bar to another prosecution for an offense which necessarily
includes the offense charged in the former complaint or information under any of the following instances, Sec 7,
Rule 117:
(a) the graver offense developed due to supervening facts arising from the same act or omission constituting
the former charge; (Principle of supervening events)
(b) the facts constituting the graver charge became known or were discovered only after a plea was entered in
the former complaint or information; or
(c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended
party except as provided in section 1 (f) of Rule 116.

Q: After the case is filed in court, to whom should a motion to dismiss be addressed?
To the court. Once the information is filed in court, the court acquires jurisdiction.
Q: Where should a motion for reinvestigation be filed?
After a complaint or information is filed in court, the motion for reinvestigation should be addressed to the trial
judge only.
Q: How are violations of special law prosecuted?
Pursuant to the provisions of said law.
Q: How criminal actions are instituted?
It depends upon whether or not the offense is one which requires a preliminary investigation.
Section 1. Institution of criminal actions. 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. (Exception) n Manila and
other chartered cities, the complaint shall be filed with the office of the prosecutor (Exception to the
exception) unless otherwise provided in their charters.
Q: Define Preliminary investigation.
Preliminary investigation 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.

A preliminary investigation is required to be conducted before the filing of a complaint or information for an
offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without
regard to the fine. Sec 1, Rule 112
MTC - Offenses punishable with imprisonment not exceeding 6 years
RTC- offenses punishable with imprisonment exceeding 6 years
Q: Since preliminary investigation is required for an offense where the penalty imposed is at least 4yrs, 2 months
and 1 day, does it mean that there is no direct filing for offenses cognizable by the RTC?
General Rule: There is no direct filing of an information or complaint with the RTC because its jurisdiction covers
offenses which require preliminary investigation. (NOTE: No direct filing with the MTC of Manila including other
chartered cities unless the charter of the city provides otherwise. In case of conflict, the charter shall prevail over
ROC, the former being substantive law.)
Exception: (1) When a person is lawfully arrested without a warrant Sec 6 of Rule 112
Sec. 6. When accused lawfully arrested without warrant. When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary investigation, the complaint or information may be filed by a
prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing
rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or
a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer
or person.
Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the provision of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation
must be terminated within fifteen (15) days from its inception.
After the filing of the complaint or information in court without a preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to
adduce evidence in his defense as provided in this Rule. As amended by A.M. No. 05-8-26-SC
RPC, Illegal detention: Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. The
penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities
within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six
(36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.
Q: When is arrest without a warrant lawful?

A peace officer or a private person may, without a warrant, arrest a person: Sec. 5, Rule 113
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense; (Flagrante Delicto)
(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 (Hot Pursuit)
Q: How is Preliminary investigation conducted?
The preliminary investigation shall be conducted in the following manner (Sec. 3 Rule 112):
The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in
such number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall be
subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their
absence or unavailability, before a notary public, each of who must certify that he personally examined the affiants
and that he is satisfied that they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no
ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the complainant which he may not have
been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required
to specify those which he intends to present against the respondent, and these shall be made available for
examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for examination, copying, or
photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents,
the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied
upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph
(a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to
file a motion to dismiss in lieu of a counter-affidavit.

(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten
(10) day period, the investigating officer shall resolve the complaint based on the evidence presented by the
complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness.
The parties can be present at the hearing but without the right to examine or cross-examine. They may, however,
submit to the investigating officer questions which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or
from the expiration of the period for their submission. It shall be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial.
Q: To whom should you appeal the decision of the prosecutor?
The decision of the prosecutor may be modified by the Sec of Justice or in special cases by the president of the
Philippines
If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu proprio,
the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state
prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting
another preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to
the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the
Ombudsman. Sec 4, Rule 112
Q: What is the effect of the institution of the criminal action on the prescriptive period?
The institution of the criminal action (or the filing of complaint or information in the office of the public prosecutor
for purposes of preliminary investigation) shall interrupt the running of the period of prescription of the offense
charged unless otherwise provided in special laws. Sec. 1
NOTE: There is no distinction distinction between cases of RPC ans special law with respect to the interruption of
prescriptive period. Preliminary investigation interrupts the prescription (Peolple vs. Pangilinan)
Rule on Prescription for Violations of Special Laws and Municipal Ordinances
Penalty/Crime Prescriptive Period
Only fine; After 1 year

Imprisonment for not more than 1 month;
OR both
Imprisonment for more than 1 month but less than After 4 years
2yrs
Imprisonment for more than 2 yrs but less than 6 yrs After 8 years
Imprisonment for 6 yrs or more 12 years
Treason 20 years
Offenses against any law administered by the After 5 years

Bureau of Internal Revenue
Violation of Municipal Ordinances After 2 months
Reference: RA 3326
Q: What is the effect on the prescriptive period if the court is found to be without jurisdiction?
The running of the period of prescription is still interrupted even if the court in which the action was first filed is
without jurisdiction.
Q: What is a private crime?
Private offenses are those which cannot be prosecuted except upon complaint by the offended party. They are
denominated as private offenses only to give deference to the offended party who may not prefer to file the case
instead of going through the scandal of public trial.
Q: What are the crimes against chastity?
They following are crimes against chastity:
Adultery (Art,333);
Concubinage (Art. 334);
Acts of lasciviousness (Art 336);
Qualified seduction (Art 337);
Simple seduction (Art. 338);
Acts of lasciviousness
Corruption of minors (Art 340);

White slave trade (Art 341);
forcible abduction (Art. 342) and
10) Consented abduction (Art. 343)
Q: Who institutes a criminal action for adultery and concubinage?
It shall only be prosecuted upon the complaint filed by the offended spouse. It must be instituted against both
guilty parties unless one of them is no longer alive.
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, (except) if the offended party has consented to the offense or pardoned the offenders
( either expressed or implied). Sec 5
Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any
other place (Article 334 of the Revised Penal Code or RPC).
Adultery means the carnal relation between a married woman and a man who is not her husband, the latter
knowing her to be married, even if the marriage be subsequently declared void (RPC, Article 333). Each sexual
intercourse constitutes a crime of adultery.
Q: Who institutes a criminal action for seduction, abduction and acts of lasciviousness?
It shall be prosecuted upon a complaint by the offended party (even if minor), or her parents, grandparents or
guardian only if the offended party is a minor or incapacitated. In the absence of any of them, the State shall
initiate the criminal action. Exception: If the offender has been expressly pardoned by any of them.
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted upon a complaint filed by
the offended party of 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.
Sec. 5
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. Sec. 5
Seduction means enticing a woman to unlawful sexual intercourse by promise

of marriage or other means of persuasion lout use of force.
By abduction is meant the taking away of a woman from her house or the place where she may be for the purpose
of carrying her to another place with intent to marry or to corrupt her.
Q: If the offended party is of age in the crime of abduction, seduction and acts of lasciviousness, can her parents,
grandparents or guardian file the complaint for her?
No. If the offended party is already of age, she has the exclusive right to file the complaint unless she becomes
incapacitated. The parents, grandparents, and guardians only have exclusive successive authority to file the case if
the offended party is only a minor.
Q: If the offended party dies during the pendency of the case, is the criminal liability of the accused extinguished?
No, the death of the complainant during the pendency of the case is not a ground for the extinguishment of
criminal liability whether total or partial
Q: X filed a sworn complaint for acts of lasciviousness before the prosecutor. Before the prosecutor could file the
case in court, X died. Can the prosecutor still file the information in court?
Yes, the desire of X to file the case is evident in her filing of complaint before the prosecutor
Q: After a complaint for a private crime has been filed in court, what is the effect of pardon by the offended party?
The pardon of the offended party will not have any effect.
Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty
already imposed upon him (ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS). This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good
faith. This rule does not apply in case of multiple rape. Rape is now a crime against persons. Hence, prosecution of
such crime may now be commenced in court even by the filing of an information by the public prosecutor.
Q: What is the meaning of the statement that compliance with the rule is jurisdictional?
It means that the complaint filed by the offended party is what starts the prosecution without which the courts
cannot exercise jurisdiction. NOTE: It is the law the confers jurisdiction.

Q: Who institutes a criminal action for defamation?
No criminal action for defamation which consists in the imputation of any of the offenses mentioned above
(concubinage, adultery, seduction, abduction and acts of lasciviousness) shall be brought except at the instance of
and upon complaint filed by the offended party. Sec 5
The term "defamation" is an all-encompassing term that covers any statement that hurts someone's reputation.
AMENDMENT OR SUBSTITUTION
Amendment Substitution
It is the correction of an error or an The original complaint shall be dismissed if

omission in a complaint or information it appears at any time before judgment that
a mistake has been made in charging the
offense, and a new information shall be
filed, provided that the accused will not be
placed in double jeopardy.
It may be made before or accused pleads It may be made before or accused pleads
It may involve formal or substantial change It necessarily involves a substantial change
Amendment before plea has been entered It must be with leave of court as the
can be effected without leave of court original information has to be dismissed
If the amendment is only as to form, no Another PI is entailed and the accused has
need for PI and the retaking of the plea of to plead to a new information
the accused
It refers to the same offense charged in the It presupposes that the new information
original information or to an offense which involves a different offense which does not
is necessarily included in the original charge include or is not necessarily included in the
(Here, the substantial amendment cannot original charge (Here accused cannot claim
be made after plea over the objection of double jeopardy)
the accused, otherwise, he could invoke
double jeopardy)
Q: When is leave of court required in an amendment of information or complaint?
Before plea:
General rule: Information or complaint may be amended in form and substance w/o leave of court.

Exception: :Leave of court is required in the following instances (Sec 14):
Amendment downgrades the nature of the offense charged; or
Amendment excludes any of accused from the complaint or information
Additional requirements: Motion by the prosecutor, notice to the offended party, court must resolve the motion
of the prosecutor and state the reasons, and then furnish all parties of copies of its order especially the offended
party
After Plea:
General rule: Amendment in substance is not allowed. Any formal amendment may only be made under 2
conditions:
Leave of court must be secured;
Amendment does not cause prejudice to the right of the accused
In all criminal prosecutions, the accused shall be entitled to the following rights (Sec 1, Rule 115):
(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. The accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence is specifically ordered by the court for purposes of
identification. The absence of the accused without justifiable cause at the trial of which he had notice shall be
considered a waiver of his right to be present thereat. When an accused under custody escapes, he shall be
deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court
that he can properly protect his right without the assistance of counsel.
(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 can not 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.
Exception: Substantial amendment after pleas may be allowed if the same is beneficial to the accused
Q. Test of substantial amendment.
1. Is it beneficial to the accused? If yes, allowed.
2. Will it be prejudicial to the rights of the accused? (defense cannot be sustained, evidence gathered cannot be
used in the new information)
Q. When are the rights of the accused prejudiced by an amendment?
1. When a defense which he had under the original information would no longer be available
2. When any evidence which he had under the original information would no longer be available
3. When any evidence which he had under the original information would not longer be applicable to the amended
information
Q: Additional allegation of habitual delinquency and recidivism a substantial amendment
These allegations only relate to the range of the imposable penalty but not the nature of the offense. IOW,
Changing the specific averments in the information for purposes of determining the proper crime or the jurisdiction
of the court.
Q: What is meant by substitution of the complaint or information?
The original complaint shall be dismissed if it appears at any time before judgment that a mistake has been made in
charging the offense, and a new information shall be filed, provided that the accused will not be placed in double
jeopardy.

Requisites for double jeopardy to attach:
-valid complaint or information
-court had jurisdiction
-accused had been arraigned
-accused entered a valid plea
-final judgment of conviction or acquitted or the case was dismissed w/0 his consent
-subsequent complaint is filed containing same crime or any offense necessarily included in the first offense
charged
Q: Accused was arraigned and pleaded not guilty for homicide. Prosecutor wanted to amend the information to
murder, however he learned that he cannot make such substantial amendment. Can he validly ask for substitution?
NO. Because it would tantamount to double jeopardy since homicide is necessarily included in the crime of murder.
After arraignment, the first jeopardy will attach.
Q: Rules in substitution
1. No substitution if there is already a final judgment
2. No substitution if double jeopardy will attach.
3. No substitution if accused can be convicted of the crime charged
4. No substitution if the offense charged is necessarily include or necessarily includes the offense originally charged
(e.g. homicide necessarily includes physical injuries and vice versa)
Q: Can the judge order the prosecutor to substitute the information?
Yes, in cases where the original information is erroneous, provided that the substitution is done before judgment.
Q: Can the court order the dismissal of the original complaint before a new one is filed in substitution?
No. The court will not order the dismissal until the new information is filed.
Q: Accused was charged for less serious physical injuries. Evidence is for serious physical injuries. Will you ask for
substitution?

NO. Because the court can convict the accused of the crime charged.
Q: Can the court convict the accused for serious physical injuries?
NO, because it is not charged against the accused but accused can be held liable for the crime charged less
serious.
Q: Accused was charged for serious physical injuries. Evidence is for less serious physical injuries. Will you ask for
substitution?
NO. Because double jeopardy already attached.
Can the court convict the accused for the serious physical injuries?
The trial court cannot convict the accused for the crime charged because the evidence is only for less serious.
Q: Accused pleaded not guilty to frustrated homicide. Victim died. Prosecutor moved to amend the information to
murder. Can he validly do the same?
Yes. Doctrine of supervening event is when may a new fact, supervening event or circumstance justify the
modification or non-enforcement of a final and executory judgment
INTERVENTION OF THE OFFENDED PARTY
Q: What is Article 100 of the RPC?
Every person criminally liable for a felony is also civilly liable.
Q: What consists civil liability?
Restitution- the compensation for loss; it is full or partial compensation paid by a criminal to a victim ordered as
part of a criminal sentence or as a condition for probation.

2. Reparation - the compensation for an injury, wrong, loss, or damage sustained
3. Indemnification- the compensation for an injury, wrong, loss, or damage sustained
Q: Can the offended party intervene in the prosecution of the criminal action?
Yes, except if he has waived, has reserved his right, or has already instituted the criminal action. The reason for this
rule is because of Article 100 of the RPC which provides that every person criminally liable shall also be civilly liable
and also because there are certain offenses which cannot be prosecuted except upon complaint of the offended
party.
Q: What is the reason why the offended party is allowed to intervene in the prosecution of the offense?
It is because of the existence of a civil liability. Hence, if there is no civil liability, the intervention of the offended
party through his counsel or private prosecutor cannot be allowed.
Q: Is the civil action impliedly instituted with the criminal action?
Yes, except when:
1. Waived
2. Reserved
3. Instituted prior
Q: Can the Offended Party intervene in the prosecution of the criminal action even if there is no civil liability?
Yes. The offended party, who has neither reserved, waived, nor instituted the civil action may intervene, and such
right to intervene exists even when no civil liability is involved. (Paul Lee v. Chin Lee citing Lim Tek Goan v. Yatco)
Q: Do the offended parties have the right to move for the dismissal of a case?
No. The right belongs only to the government prosecutor who is the representative of the plaintiff.
Q: Can the offended party file a civil action for certiorari in his own name if the RTC dismisses an information?

Yes. In case of grave abuse of discretion amounting to lack of jurisdiction, the petition may be filed by the offended
party because the offended party has an interest in the civil aspect of the case.
Q: What is an independent civil action?
Independent civil actions are those civil liabilities arising from quasi-delicts or civil liabilities which do not arise from
the offense charged.
NOTE: But there are independent civil action which arises from the offense charged like crimes involving physical
injuries, fraud or defamation or when an act constituting a crime also constitutes quasi-delicts.
Q: What are the 5 sources of obligations?
Obligation arises from (1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law or delicts;
(5) quasi-delicts.
LAW (Obligation ex lege) imposed by law itself; must be expressly or impliedly set forth and cannot be presumed-
[ See Article 1158]
DELICTS (Obligation ex maleficio or ex delicto) arise from civil liability which is the consequence of a criminal
offense- Governing rules:1.Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code [Art
100, RPC Every person criminally liable for a felony is also civilly liable] 2.Chapter 2, Preliminary title, on
Human Relations ( Civil Code ) 3.Title 18 of Book IV of the Civil Code on damages- [ See Article 1161]
QUASI-DELICTS / TORTS (Obligation ex quasi-delicto or ex quasi-maleficio) arise from damage caused to

anotherthrough an act or omission, there being no fault or negligence, but no contractual relation exists between
the parties
Q: May the offended party intervene in the criminal action after filing an independent civil action?
Yes. Civil liability arising from a quasi-delict is entirely separate and distint from the civil liabilty arising from
neglignce under penal code. It shall proceed independently of the criminal action. And The ex delicto civil liability in
the criminal prosecution remains. Hence, the offended party may subject to the control of the prosecution still
intervene in the criminal action in order to determine the remaining civil liability interest therein unless the civil
liability is waived, reserved, or instituted prior.
Q: What are independent civil actions?

Actions under Articles 32, 33, 34, and 2176 of the Civil Code. They may be filed separately and prosecuted
independently even without reservation in the criminal action. In no case, however, may the offended party
recover damages twice for the same act or omission charged in the criminal action.
Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or
from being induced by a promise of immunity or reward to make such confession, except when the person
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal
offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and

for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted),
and mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation
of the Penal Code or other penal statute.
Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and
distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently
of the criminal prosecution, and shall require only a preponderance of evidence.
Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person
in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any
criminal proceedings, and a preponderance of evidence shall suffice to support such action.
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to
pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this Chapter. NCC

Rule 110

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Rule 110

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PROSECUTION OF OFFENSES (RULE 110)

Q: Define complaint and an information.

It must be sworn (under oath) It requires no oath. Reason: The prosecutor

It must be in writing It must be in writing

It is subscribed by (1) the offended party, It is subscribed by the prosecutor.

Q: if the complaint is not sworn to by the offended party, is it void?

USC LAW 2017- CRIMPRO ATTY. SOLENG 1

Q: Who are the parties in a criminal action?

Q: What is the test for sufficiency of the complaint or information?

Q: When does a complaint or information deemed sufficient?

A complaint or information is deemed sufficient if it contains the following:

Name of the accused

USC LAW 2017- CRIMPRO ATTY. SOLENG 2

Identification which forms part of the circumstantial evidence

Q: When is an error in the name of the accused not fatal to an information?

Designation of the offense (Sec 8)

USC LAW 2017- CRIMPRO ATTY. SOLENG 3

i. X was charged with homicide. Can he be possibly be convicted of murder?

1. a change of the theory of the trial

2. requires of the defendant a different defense

3. surprises the accused in any way

USC LAW 2017- CRIMPRO ATTY. SOLENG 4

Q: What is the rule on duplicity of the offense?

Complex Crimes and Compound Crimes (Article 48)

USC LAW 2017- CRIMPRO ATTY. SOLENG 5

2. Special Complex Crimes

3. Continuous Crimes (Delito Continuado)

Q: What is a continuing or transitory offense?

Q: How do you determine jurisdiction over a continuing crime?

Comprehensive Law on Firearms and Ammunition (RA 10591)

Comprehensive Dangerous Drugs Act

USC LAW 2017- CRIMPRO ATTY. SOLENG 6

i. What is the rule on duplicity of offenses?

b) Averment of the acts or omissions constituting the offense

Acts or omissions complained of as constituting the offense

USC LAW 2017- CRIMPRO ATTY. SOLENG 7

Name of the offended party

If his name cannot be ascertained, he must be described under a fictitious name

Q: In what cases is the name of the offended party indispensable?

Slander, robbery with violence or intimidation.

Effects when property is generic or specific:

USC LAW 2017- CRIMPRO ATTY. SOLENG 8

Date of the commission of the offense

Exception: when the date of commission is a material element of the offense

2. Violation of Sunday Statutes (Election Law)

(6) Place where the offense was committed

USC LAW 2017- CRIMPRO ATTY. SOLENG 9

1. Should commit an offense while on a Philippine ship or airship

Written defamation (Libel)

USC LAW 2017- CRIMPRO ATTY. SOLENG 10

Venue of selected offenses:

II. Illegal Recruitment (Sec. 9 RA 8042)

III. Violations of B.P. 22

-Where the deceit took place, or where damage was inflicted

USC LAW 2017- CRIMPRO ATTY. SOLENG 11

-Where the property is stolen or unlawfully taken

In case of heavy work schedule of the public prosecutor; or

In the event of lack of public prosecutors

Any peace officer; OR

USC LAW 2017- CRIMPRO ATTY. SOLENG 12

Q: What are the powers and discretion of the Public prosecutor?

The public prosecutor has the power and discretion to:

determine whether a prima facie case exists;