III.
INTERVENTION OF THE
OFFENDED PARTY IN THE
PROSECUTION OF CRIMINAL ACTION
Intervention of the offended party
- “Every person criminally liable for a
felony is also civilly liable.” (Art.
100, Revised Penal Code)
- It is because of the existence of a
civil liability involved in a crime
that the offended party is allowed
to intervene in the prosecution of
the offense.
- The mode of intervention by the
offended party is by appointing a
private prosecutor
- However, the intervention must
only be for the sole purpose of
enforcing civil liability born out of
the criminal act. Hence, the
following are instances wherein the
offended party cannot intervene:
o Waives the civil action
o Reserves the right to
institute it separately
o Institutes the civil action
prior to the criminal action
Effect of filing of an independent
civil action on the right of the
offended party to intervene in the
prosecution of the offense
- The following are crimes which give
rise to independent civil actions:
o Physical injuries
o Fraud
o Defamation
o Quasi-delict
- Civil liabilities arising from these
actions are distinct because they
do not arise from the offense
charged. They are entirely separate
and distinct from the civil liability
arising from the crime.
- The distinct character of these
actions does not deprive the
offended party from intervening in
the criminal action because the
basis for intervention is the civil
liability arising from the offense
charged.
IV. PROSECUTION OF PRIVATE
CRIMES
Prosecution of adultery and
concubinage
- Sec. 5, Rule 110, Rules of Court:
No prosecution of these crimes
where no complaint is filed by the
offended spouse.
o Ex: A & B, C & D are married
couples. A commits adultery
with C. D cannot prosecute A
because D is not the
offended spouse. Only B can
prosecute A.
- This rule cannot be instituted
against one party alone. Both the
guilty parties should be indicted,
unless one of them is already dead.
- People vs Ilarde: Before a formal
charge was filed by the offended
spouse in court, the latter died. So
the fiscal filed information
attaching the complaint affidavit
earlier executed by the offended
spouse. This was objected to by
the defendant. The SC ruled
upholding the filing of information
because the acts of the offended
spouse shows his desire to bring
into justice his wife and here
paramour.
 - However, if the offended party is
shown to have consented or
pardoned the offenders, the crimes
of adultery and concubinage
cannot be instituted.
Prosecution of seduction, abduction
and acts of lasciviousness
- These offenses can only be
prosecuted upon complaint filed by
the offended party or her parents,
grandparents or guardian, unless
the offender has been expressly
pardoned by any of them.
- However, 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.
- Also, minor can independently
prosecute the offense, unless she
is incapacitated or incompetent.
V. THE COMPLAINT AND
INFORMATION
Meaning of complaint
- It 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. 3, Rule 110, Rules of Court)
Meaning of information
- An information is an accusation in
writing charging a person with an
offense subscribed by the
prosecutor and filed with the court.
Note: Both are not filed in the name of
private person, natural or juridical.
Rather, it is filed in the name of the
Republic of the Philippines and against all
persons who appear to be responsible for
the offense.

Prosecution of defamation Distinctions between a complaint

- Here, defamation consists in the and information:
imputation of the offenses of Complaint Information
adultery, concubinage, seduction, It must be sworn, It requires no
abduction and acts of hence, under oath oath. This is
lasciviousness. because the
- Only the offended party can initiate prosecutor filing
the action. the information is
acting under the
Prosecution of rape oath of his office.
- The crime of rape is a crime It is subscribed by: It is subscribed by
against chastity. Now, it is a crime i. Offended the prosecutor.
against persons. party;
- Hence, prosecution of such may ii. Any peace
now be commenced in court even officer;
by the filing of an information by iii. Or other
the public prosecutor. public
 officer
charged
with the
enforcemen
t of law
Infirmity of signature in the
information
- Jeopardy does not attach where an
accused pleads guilty to a defective
indictment.
- Such lack of authority on the part
of the officer is a ground for the
quashal of information.
Sufficiency of the complaint or
information:
a. Name of the accused/s;
b. The designation of the offense
given by the statute;
c. The acts or omissions complained
of as constituting the offense;
d. The name of the offended party;
e. The approximate date of the
commission of the offense; and
f. The place where the offense was
committed
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 suitably prepare for
his defense.
- 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.
Questioning the insufficiency of the
complaint or information
- The objections should be raised
before arraignment or during trial.
It cannot be made for the first time
in appeal.
- The objector can either file:
o Bill of particulars; or
o Motion to quash
How the nature of the offense is
determined
- It is determined by the actual
recital of the facts in the complaint
or information and not by the
caption of the information or
citation of the law allegedly
violated.
- Even if the designation of the crime
in the information is defective,
what is controlling is the allegation
of the facts in the information that
comprises a crime and adequately
describes the nature and cause of
the accusation against the accused.
Date of the commission of the
offense
- Sec. 11 of Rule 110: the precise
date of the offense need not be
stated in the complaint or
information, unless the date of
commission is a material element
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.
- For instance, the date of the
commission of rape is not a
material ingredient of the said
crime because the gravamen of
 rape is carnal knowledge of a
woman.
- But in People vs Pareja, the phrase
“on or about the year 1992” was
held to encompass not only the 12
months of 1992 but includes the
years prior and subsequent to
1992, e.g., 1991 and 1993, for
which the accused-appellant has to
virtually account for his
whereabouts.
- Hence, the failure of the
prosecution to allege with
particularity the date of the
commission of the offense deprived
accused-appellant of his right to
intelligently prepare for his defense
and refute the charges against
him.
How to state the name of the
accused
- Section 7 of Rule 110 provides:
o a. the complaint or
information must state the
name and surname of the
accused, or any appellation
or nickname by which he has
been or is known;
o b. if his name cannot be
ascertained, he must be
described under a fictitious
name. a description of the
accused under a fictitious
name must be accompanied
by a statement that his true
name is unknown;
o c. if, later, his true name is
disclosed by him or becomes
known in some other
manner, his true name shall
be inserted in the complaint
or information and in the
records of the case.
- Proving the identity of the accused
as the malefactor is the
prosecution’s primary
responsibility, for even if the
commission of the crime can be
established, there can be no
conviction without proof of identity
of the criminal beyond reasonable
doubt.
- The tasks of prosecution are
always twofold:
o To prove beyond reasonable
doubt the commission of the
crime charged; and
o To establish with the same
quantum of proof the identity
of the person/s responsible
therefor.
- A mistake in the name of the
accused is not equivalent to a
mistake in his identity especially
when sufficient evidence is
adduced to show that accused is
pointed to as one of the
perpetrators.
o When a witness called him
Pablito, instead of Pablo, his
true name, does not affect
his positive identification.
- 2 types of positive identification:
o A. Direct evidence – when an
eyewitness identifies the
accused as the perpetrator of
the commission of the crime
o B. Circumstantial evidence –
when the accused is the
person last seen with the
victim immediately before
and right after the
commission of the crime.
How to state the name of the the offended party is
offended party who is a natural immaterial.
person?
- Same with stating the name of the
accused.

How to state the name of the

offended party which is a juridical
person?
- It is sufficient to state its name, or
any name by which it is known
without need of averring that it is a
juridical person organized under
the law.

Rule if the name of the offended

party is unknown in offenses against
property
- The property must be described
with such particularity as to
properly identify the offense
charged.
- In Sayson vs. People, the
designation of the name of the
offended party is not indispensable
as long as the criminal act charged
in the complaint or information can
be properly identified.
- However, if the subject matter of
the offense is generic and not
identifiable, such as money
unlawfully taken, an error in the
designation of the name of the
offended party is fatal and would
result in the acquittal of the
accused.
- But if it is specific and identifiable,
such error is immaterial.
o In Senador vs. People, the
jewelry subject of the offense
had a specific designation.
Hence, the error in the
designation of the name of