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SEC.

2: THE COMPLAINT OR INFORMATION

RULE 110: PROSECUTION OF OFFENSES


CRIMINAL ACTION one by which the State prosecutes a person for an
act or omission punishable by law.

SEC. 1: INSTITUTION OF CRIMINAL ACTIONS

SEC. 3: COMPLAINT defined

For OFFENSE where a PRELIM.


INVESTIGATION is REQUIRED
pursuant to sec. 1 of Rule 112

For ALL OTHER OFFENSES


Prelim. Investigation IS
REQUIRED

By filing the complaint with the


proper officer for the purpose of
conducting the requisite preliminary
investigation

1. By filing the complaint or


information directly with the MTC &
Muni. Circuit Trial Court or

Prelim investigation required for


offenses
where
the
penalty
prescribed by law is at least 4yers,
2mos and 1day or prison correctional
in its medium period

NOT

prelim. Investigation namely: provincial or city prosec. And other officers


authorized by law. Authority includes all crimes cognizable by the proper
court in their respective territorial jurisdiction.

GR: no direct filing of info or complaint with the RTC under Rule 110 because
its jurisdiction covers offenses which require prelim investigation

How Instituted?
CRIMINAL ACTION
CRIMINAL PROSECUTION
Instituted once a complaint has
Instituted once the information has
been filed to the proper office or
been filed by the prosecutor in
court as the case may be
court
Effects of Institution of Criminal Action on PRESCRIPTIVE PERIOD
- it interrupts the running of period of prescription of the offense
charge UNLESS otherwise provided by special laws
ART 3326: governs the prescriptive period of violation of special
laws (SC held that institution of proceedings for prelim
investigation against the accused interrupts the period of
prescription)

A sworn written statement charging a person with an offense,


subscribed by the offended party, any peace officer or other public
officers, charged with the enforcement of the law violated.

o Requisites: (SCOWP)
Subscribed by the offended party
Charged a person with offense
Under OATH and in WRITING
In the name of PEOPLE OF THE PHILS.

2. by filing the complain with the


office of the prosecutor
Manila & other chartered cities
complaint shall be filed with the
office of the prosecutor UNLESS
otherwise provided in the charters.

PROPER OFFICER refers to officers authorized to conduct the requisite

Requisites:
1. in writing
2. in the name of PEOPLE OF THE PHILS. And
3. against all persons who appear to be responsible for the offense
involved

SEC. 4: INFORMATION defined

An accusation in writing charging a person with an offense subscribed


by the prosecutor and filed with the court. (prepared by the
prosecutor); requires NO OATH

o Requisites: (MCSF)
Must be in writing
Charged a person with offense
Subscribed by the Fiscal
Must be Filed in 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


Refers to felonies which cannot be
prosecuted de officio

INFORMATION
Subscribed by the fiscal
(indispensable requirement)

it is filed with the court

need not be under oath


Usually refers to public crimes

An error in the name of the accused is not reversible as long as his identity is
sufficiently established and this defect is curable at any stage of the
proceedings as the insertion of the real name of the accused is merely a matter
of form.

SEC. 5: WHO MUST PROSECUTE CRIMINAL ACTIONS?

Prosecuted under the direction and control of the prosecutor


Institution of criminal action depends upon the discretion of the
fiscal, once filed in court, same can no longer be withdrawn or
dismissed without court approval

Persons authorized to file INFORMATION


1. City or provincial prosecutor and their assistants
2. Duly appointed special prosecutor

OFFENSE

Who may file

Concubine & adultery

Only the offended party (GR: prosec.


Cannot prosecute the case where NO
COMPLAINT is filed by the OFFENDED
SPOUSE
Offended party or her parents ,
grandparents or guardians. If offended
party dies or becomes incapacitated &
no
known
parents,
grandparent,
guardians, STATE shall initiate crim.
Action in her behalf (doctrine of parens
Patriae)
Offended party
Public prosecutor

Seduction, abduction & acts of


lasciviousness

Defamation
rape

SEC. 6 - SUFFICIENCY OF COMPLAINT OR INFORMATION


if it contains the following: NDA - NAP
1. Name of the accused, including any appellation or nickname, if
more than 1 pax all of them shall be included in the complaint or
information

The Designation of the offense


The Acts or omissions complained of as constituting the offense
The name of the offended party
The Approximate time of the commission of the offense
The place wherein the offense was committed

Purpose of the rule: -

1. to inform the accused of the nature and cause of accusation against


him
2. to notify the defendant of the criminal acts imputed to him so that
he can duly prepare for his defense

Conditions for a PRIVATE PROSECUTOR To prosecute criminal


action (HACAW)

1. public prosec has a Heavy workload


2. private prosec is Authorized in writing by the Chief of the
Prosecutor Office or Regional State Prosec
3. authority of private prosec must be Approved by the court
4. private prosec shall Continue to prosecute until the end of the
case
5. in case of Withdrawal or revocation of the authority of the
private prosecutor, the same must be approved by the court

2.
3.
4.
5.
6.

SEC. 7 : NAME OF THE ACCUSED

Rules:

1. complaint or info must state the Name & Surname of the accused or
any appellation nickname by which he has been or is known must be
stated
2. if name cannot be ascertained, a fictitious name with a statement that
his true name is unknown
3. if the true name thereafter ascertained, such name shall be inserted in
the compliant or information record
4. While 1 or more person, along with specified name of the accused, may
be sued as john does, but info against all accused described as John
Does is void and an arrest warrant is also void.

SEC. 8: DESIGNATION OF THE OFFENSE

The information or complaint must state or designate the following


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

The qualifying and aggravating circumstances cannot be appreciated


even if proved UNLESS alleged in the information.

Effect of FAILURE to designate offense given by the statute or


failure to mention the provision

1. MALTO v PEOPLE what controls is not the actual facts recited in


the information, it is the recital of facts of the commission of the
offenses, not the nomenclature (the body or system of names in a particular
field) of the offense, that determines the crime being charged in the
information
2. LICYAYO v PEOPLE the specification in the information of the law
violated IS NECESSARY to ENABLE him to adequately prepare for his
defense and to convict him under SUCH DEFECTIVE information would
allegedly violate his constitutional and statutory right to be informed of
the nature and cause of the accusation against him.

SEC. 11 : DATE OF COMMISSION OF THE OFFENSE

REASON: the designation of the offense IS ONLY the conclusion of the


prosecutor. It is the ACTS or OMMISSIONS alleged in the information that
SHALL BE CONTROLLING on which judgement of the court shall be based.

GR: an accused cannot be convicted of an offense UNLESS is it clearly

charged in the complaint or information must be stated in ordinary and


concise language to enable a person of common understanding to know
what the offense is being charged acts or omissions complained of as
constituting the offense the qualifying and aggravating circumstances
PEOPLE v MEJIA the qualifying circumstance was not alleged in the
information, Court ruled circumstances cannot be considered in fixing
the penalty because minority though proved, was not alleged in the
information
PEOPLE v BEGINO qualifying circumstance of relationship was not
properly pleaded; accused was not convicted of rape in the qualified
form, the failure to allege such relationship, accused was not properly
informed of the nature and caused of the accusation. The main purpose
of this requirement is to enable the accused to properly prepare for his
defense and is presumed to have no independent knowledge of the facts
that constitute the offense

SEC. 10 : PLACE OF COMMISSION OF THE OFFENSE

PURPOSE: To show territorial jurisdiction

GR: it is not necessary to state in the complaint or information the


PRECISE DATE the offense was committed. The offense may be alleged
to have been committed on a date as near as possible to the actual date
of its commission
EXCEPTION: except when the date is a material ingredient of the
offense (e.g. infanticide, abortion, bigamy, violation of Sunday statute
[election law])

SEC. 12: NAME OF THE OFFENDED PARTY

SEC. 9 : CAUSE OF THE ACCUSATION

GR: the complaint or information is sufficient if it can be understood


from its allegations that the offense was committed or some of its
essential ingredients occurred at some place, within the jurisdiction of
the court. Improper venue means lack of jurisdiction.
EXCEPTION: unless the particular place where it was committed
constitutes an essential element of the offense charged or is necessary
for its identification (e.g. trespass to dwelling, destructive arson,
robbery in an inhabited house, violation of domicile.)

GR: the complaint or information must STATE THE NAME AND SURNAME of
the person against whom or against whose property the offense was
committed, or any appellation or nickname by which such person has
been or is known. If there is no better way of identifying him, must be
described under a fictitious name.
EXCEPT: crime against property property must be described with such
particularity

SEC. 13: DUPLICITY OF OFFENSE


There is duplicity when the complaint or information charges 2 or more
DISTINCT or DIFFERENT offenses in one (1) and the same information or
complaint
GENERAL RULE:
A complaint or information must charge only one offense.
EXCEPTIONS:
1. Complex crimes
2. Special Complex crimes
3. Continuous crimes or delicto continuado
4. Crimes susceptible of being committed in various modes.
5. crimes of which another offense is an ingredient

6.

when a single act violates different statutes

Should there be duplicity of offense in the information, the accused must


move for the quashal of the same BEFORE arraignment, otherwise, he is
deemed to have waived the objection and maybe found guilty of as many
offenses as those charged and proved during the trial.
Note: test to be applied to determine whether there are 2 offenses or only
one, is whether each provision requires proof of a fact which the other does
not.

SEC. 14: AMENDMENT OR SUBSTITUTION

Amendment

correction of an error or an omission in a complaint or information


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.

Kinds of AMMENDMENT:
1. formal amendment merely states wit additional precision something
which is already contained in the orig. information and ADDS NOTHING
essential for the conviction for the crime charged

Instances where an amendment is in FORM

a)

where it NEITHER AFFECTS NOR ALTERS the nature of the offense


charged
b) where the charged does not deprived the accused of a fair
opportunity to present his defense
c) where t does not involve change in the basic theory of the
prosecution
d) additional allegation of conspiracy is only a formal amendment
provided that it does not change the theory of the prosecution

2. Substantial amendment consist of changing the recital of facts


constituting the offense charged and determinative of the jurisdiction of the
court

Instances where an amendment if in SUBSTANTIAL

a) amended information stating forth a different manner of


committing the felony
b) including conspiracy where it involves a change in the basic
theory of the prosecution
c) change in the date of the commission of the offense that would
be prejudicial to the accused
RULES ON AMENDMENT
1. BEFORE THE PLEA the GR is that any amendment, formal or substantial,
before the accused enters his plea may be done without leave of court
Exception: any amendment before plea, which downgrades the nature of the
offense charged or excludes any accused from the compliant or information
can be made only:
a. upon motion by the prosecutor
b. with notice to the offended party
c. with leave of court
Reason: to inform and protect the offended party that there will be a
change in favor of the accused.
2. AFTER THE PLEA covers only formal amendment provided that:
a. leave of court is obtained
b. such amendment is not prejudicial to the rights of the accused

SEC. 15: PLACE WHERE ACTION IS TO BE INSTITUTED


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.

PURPOSE: the court should not compel the defendant to move to, and
appear in a different court from that of a province where the crime was
committed, as it would cause him great inconvenience in looking for his
witnesses and other evidence in another place.

GR: 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 omitted or any of its essential ingredients occurred.
1. under circumstance

Where the criminal action is 1st filed

enumerated in Art 2 RPC


2. SC
constitutional
powers
(exceptional case)

Can order a change in venue or place


of trial to avoid miscarriage of
justice
3. committed in train, aircraft or Court of any municipality or territory
other public or private vehicle
where said vehicle passed during its
trip, or in the place or departure or
arrival
4. on board a vessel in the course In the court of 1 st port of entry or
of its voyage
where it passed during the voyage
5. case cognizable by SB
Filed & tried where the court
actually sits ( QC) except:
Other venues filed with SB presiding
justice shall authorize any divisions
of the court to hold sessions at any
time * place outside MM where the
interest of justice so requires
6. written defamation (LIBEL)
Filed in the province or city where
the offended party held office at the
time of the commission of theoffense
if he is a public officer
7. case filed under BP 22
Shall be filed in the place where the
check was dishonored or issued.
8. piracy
Has no territorial limits may be tried
anywhere
SEC. 16: INTERVENTION OF THE OFFENDED PARTY IN CRIMINAL ACTION
GR. The 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:
1.

2.

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.