RULE 110: Institution of Criminal Action

The purpose of a criminal action, in its purest

sense, is 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. In this sense, the parties to the action are
the People of the Philippines and the accused.
The offended party is regarded merely as a
witness for the state (Heirs of Sarah Marie
Palma Burgos v. Court of Appeals, 169711,
February 8, 2010).

Required for offenses with penalty prescribed

by law is below than 4 years, 2 months and 1
day of imprisonment w/o regard to the fine.
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 of the period of
prescription of the offense charged unless
otherwise provided in special laws. (1a)
-unless: otherwise provided in special laws

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;

What is a preliminary investigation?

Rule 112 SECTION 1. Preliminary
investigation defined; when required. 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.
This refers to the complaint affidavit, and is
different from the complaint defined in Section
3 of rule 110.
Required for offenses with penalty prescribed
by law is at least 4 years, 2 months and 1 day
of imprisonment w/o regard to the fine (Rule
112 sec 1 par 2).

(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.

Act 3323 governs the prescriptive violations of

special laws or offenses other than those
penalized in the RPC.
When penalized by special law, the filing of
complaint or information in court is the one that
will interrupt the prescriptive period and not the
filing of the complaint in the proper office for
purposes of conducting preliminary
investigations.

SECTION 2. The complaint or information. 1.Shall be in writing

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

SECTION 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.
This is different from the complaint filed at the
prosecutors office.
This refers to the one filed in the court for the
commencement of a criminal prosecution for a
violation of a crime usually cognizable by
municipal trial courts as well as complaint filed

by an offended party in private crimes or those

which cannot be prosecuted de official.

COMPLAINT
-subscribed by the
offended party, any
peace officer, or any
officer charged with
the enforcement of the
law violated

INFORMATION
-subscribed by the
prosecutor. It does not
have to be subscribed
by the offended party,
any peace officer, or
any officer charged
with the enforcement
of the law violated
-filed in court

-complaint for commission of an offense which

cannot be prosecuted de official or is private in
nature

-filed either in the

MTC or with the
provincial/ city
prosecutors office

-where the law requires that it is to be started

by a complaint sworn to by the offended party,
or when it pertains to those which need to be
enforced by specified public officers

Prosecution in the RTC is always

commenced by information except:

The complaint fled w/ the prosecutors

office, from which the latter may initiate a
preliminary investigation refers to:
1.any written complaint
2.filed by an offended party or not
3.not necessarily under oath except in 2
instances:

Person who can file a complaint:

1.offended party
2.any peace officer
3.other public officer charged with the
enforcement of the law violated

SECTION 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. (4a)

Persons authorized to file an information:

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

1.in certain crimes against chastity

(concubinage, adultery, seduction, abduction,
acts of lasciviousness) and
2.Defamations imputing any if the aforesaid
offenses wherein a sworn written complaint is
required in accordance with sec 5

In case of variance between complaint filed by

the offended party and the information in
crimes against chastity, the complaint controls
(People vs Oso 62 Phil 271)

Section 5. Who must prosecute criminal

actions.
FULL DISCRETION AND CONTROL OF THE
PUBLIC 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.public prosecutor has a heavy work

schedule,or there is no prosecutor assigned in
the province or city.
2. the private prosecutor is authorized in writing
by the regional state prosecutor, provincial or
city prosecutor.
3. authority of the private prosecutor must be
approved by the court.
4.the private prosecutor shall continue to
prosecute the case until the end of the trial
unless the authority is withdrawn or revoked by
the RSP,Provincial or city prosecutor.
5. in case of the withdrawal or revocation of the
authority of the private prosecutor , the same
must be approved by the court.
In appeals before CA and SC, it is only the
OSG authorized to bring and defend actions
in behalf of the people.
In all cases elevated to the sandigan bayan
and from the sandigan bayan to the SC , the
office of the ombudsman, through its
special prosecutor shall represent the
people, except in cases filed pursuant to
e.o nos. 1,2,14 and 14a issued in 1986
(sec.4, RA 8249)
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
(indispensible
requirement)

main issue raised by the petitioner involved the

criminal aspect of the case. The petitioner did
not appeal to protect his alleged pecuniary
interest as an offended party of the crime, but
to cause the reinstatement of the criminal
action against the respondents. This involves
the right to prosecute which pertains
exclusively to the People, as represented by
the OSG.
Counsel de oficio
Appointed by the
court,to represent
and defend the
accused,in
case
he cannot afford
himself.

Counsel de parte
An
attorney
retained by party
litigant, usually for
a fee to defend
and prosecute his
cause of action.

SECTION 5. Prosecution of crimes against

chastity
Who may prosecute
1. Concubinage and adultery- only the
offended spouse who should have the
status,capacity,and legal representation
at the time of the filing of the complaint,
regardless of age.
2. Seduction, abduction and acts of
lasciviousness prosecuted exclusively
and successively by the ff. Persons in
order.
a. Offended woman
b. Parents,grandparents, guardian.

Filed with the court

Need not be under

oath

JIMENEZ vs. SORONGON

The petitioner has no legal personality to assail
the dismissal of the criminal case since the

c. The state as parens patriae

3. Defamation imputing to a person any of
the foregoing crimes, can be prosecuted
only by the party or parties defamed.
Offended party of legal age can file in exclusion
of all others.

SECTION 6. Sufficiency of Complaint or

Information .
It is sufficient if it states the:
1. Name of the accused;
2. Designation of the offense given by the
statue;
3. Acts or omissions complained of as
constituting the offense;
4. Name of the offended party;
5. Approximate date of the commission of the
offense; and
6. Place where the offense was committed
(Sec. 6).
(Sec. 6, Rule 110, Rules of Court; People v.
Canares, G.R. No. 174065, February 18,2009).
SECTION 7: Name of Accused
Section 7 of Rule 110 establishes the following
rules in designating the name of the accused:
1. 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.
2. 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.
3. If later his true name is disclosed by him of
becomes known in some other manner, his
true name shall be inserted in the complaint or
information and in the records of the case.

action is instituted in the name of the offended

party or of a particular city, the defect is merely
of form and may be cured at any stage of the
trial.

SECTION 8 & 9: Designation of Offenses

and Cause of the Accusation
Cause of Accusation: Qualifying &
Aggravating Circumstances
Sec. 8 of Rule 110 requires the complaint or
information,shall specify the qualifying and
aggravating circumstances in designating the
offense. A statement of the qualifying and
aggravating circumstances is considered as a
part of the cause of accusation. It must be
stated in an ordinary and concise language
(Sec. 9)

Name of Offended Party (Sec.12)

The complaint is not filed in the name of a
private person, natural or juridical. It is filed in
the name of the People of the Philippines and
is filed against all persons who appear to be
responsible for the offense involved (Sec. 2,
Rule 110, Rules of Court) because a crime is
an outrage against the peace and security of
the people at large, so must its vindication be
in the name of the People. However, if the

The allegations of facts constituting the

offense charged are substantial matters
and an accused's right to question his
conviction based on facts not alleged in
the information cannot be waived.
In informing the accused of the cause of
accusation against him, it is not
necessary to employ the words used in
the statute alleged to have been
violated. It is sufficient for the complaint
or information to use ordinary and
concise language sufficient to enable a
person of common understanding to
know the following (Sec. 9, Rule 110,
Rules of Court):
a) the offense being charged;
b) the acts or omissions complained of
as constituting the offense; and
c) the qualifying and aggravating
circumstances.
The acts or omissions complained of
must be alleged in such form as is
sufficient to enable a person of common
understanding to know what offense is

intended to be charged and enable the

court to know the proper judgment. The
information must allege clearly and
accurately the elements of the crime
charged. What facts and circumstances
are necessary to be included therein
must be determined by reference to the
definition and elements of the specific
crimes.
The accused will not be convicted of the
offense proved during the trial if it was
not properly alleged in the information.

SECTION 10. Place of Commission

The indicated place of commission is sufficient
if it can be understood that the offense (or
some of its essential ingredients) was
committed within jurisdiction of the
court.Except if the particular place where it was
committed:

Constitutes an essential element of the

offenses charged(e.g. for the crimes
such as trespass to dwelling, violation of
domicile, election cases, arson, etc.)
Is necessary for its identification. [Sec.
10, Rule 110]

SECTION 11. Date of Commission

It is not required to state the particular date of
the commission of the offense. It suffices that
the allegation approximates or be as near the
actual date when the offense was committed
(Sec. 11) because of the following reasons:

If the date of the commission of the

offense constitutes an essential element
of the offense (e.g. infanticide, abortion,
bigamy) (Sec. 11).

When the dates are essential to the

defense of alibi (People v.
Valdesancho, G.R. No. 137051-52,
May 30, 2001)

SECTION 13. Duplicity of the offense.

A complaint or information must charge but one
offense, except when the law prescribes a
single punishment for various offenses
SECTION. 14. Ammendent or Substitution
I.

AMENDMENT
a. Before Plea
1. Without need for leave of
court
Generally, if the amendment is
made before the accused
enters his plea, the complaint
or information may be
amended.
2. Leave of Court Required
a.) Leave of court is required
even if made before plea
if:
i.
The amendment
downgrades the
nature of offense
charged
ii.
The amendment
excludes any
accused from the
complaint or
information
b.) Aside from leave of court,
the above amendments,
require a motion by the
prosecutor, with notice to
the offended party; and
c.) The court is mandated by
the rule to state its reason
in resolving the motion of
the prosecutor and to
furnish all parties,
especially the offended
party of copies of its order.

b. After Plea

Any formal amendment may only

be made under two (2)
conditions:
1. Leave of court must be
secured; and
2. The amendment does not
cause prejudice to the rights
of the accused.
Note: Test whether Formal or
Substance:
Formal if the amendment to an
information which does not
change the nature of the crime
alleged, does not affect the
essence of the offense or
cause surprise or deprived the
accused o an opportunity to
meet the new averment,
otherwise it is substantial.
II.

SUBSTITUTION
If it appears at any time 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 in accordance with
Section 19, Rule 119, provided the
accused would not be placed in
double jeopardy. The court may
require the witness to give bail for
their appearance at the trial. (Sec 14
par(3), Rule 110)

Amendment before plea can be Substit

effected without leave of court
be wit
original
dismiss
In amendment as to form, no new In Su
preliminary
investigation
and anothe
retaking of the plea of the accused is enta
plead a
Amended information refers to the In Su
same offense charged, in the presup
original information.
informa
offense
is not
original

SECTION 15. Place where action is to be

instituted.
(a) Subject to existing laws, the criminal action
shall be instituted and tried in the court of the
municipality or territory where the offense was
committed or where any of its essential
ingredients occurred.
(b) Where an offense is committed in a train,
aircraft, or other public or private vehicle while
in the course of its trip, the criminal action shall
be instituted and tried in the court of any
municipality or territory where such train,
aircraft or other vehicle passed during such its
trip, including the place of its departure and
arrival.

(c) Where an offense is committed on board a

vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court
DISTINCTION
BETWEEN
of the first port of entry or of any municipality or
AMENDMENT
AND
territory where the vessel passed during such
SUBSTITUTION
voyage, subject to the generally accepted
AMENDMENT
principles of international law.
Involves formal and substantial Involves
(d) Crimes committed outside the Philippines
change
but punishable under Article 2 of the Revised

Penal Code shall be cognizable by the court

where the criminal action is first filed. (15a)
Venue of Criminal Actions
In civil case we call this venue. In criminal
procedure, venue is also jurisdiction. It refers
to territorial jurisdiction.
The Law says, Criminal Case will be tried,
where?
1. Where the offense was committed; or
2.Where any essential ingredients occurred.
When a court has jurisdiction to try
offenses not committee within its territorial
jurisdiction
The rule that the offense must be instituted and
tried in the place where the same was
committed admits certain exceptions, to wit:
1.

Where the offense was committed

under the circumstances enumerated in Art.
2 of RPC. In this case, the offesne shall be
cognizable by the court where the criminal
action is first filed.

shall be filled not only in Regional Trial Court of

the province or City where the offense was
committed. It may be also filed where the
offended party actually resides at the time of
the commission of the offense.
C. Estafa by postdating or issuing a bad check,
may be a transitory or continuing offense. Its
basic elements of deceit and damage may
arise independently in separate places. ( where
the deceit took place it Pampanga while the
damage was inflicted in Bulacan where the
check was dishonored, Jurisdiction is either in
Bulacan or pampanga.

SECTION 16. Intervention of the offended

party in criminal action.- Where the civil
action for recovery of civil liability is
instituted in the criminal action pursuant to
Rule 111, the offended party may intervene
by counsel in the prosecution of the
offense.
Civil Procedure RULE 19 Intervention

2.

Where the Supreme Court, pursuant to

its constitutional powers, orders a change f
venue or place of trial to avoid miscarriage
of justice.

3.

Where the offense is cognizable in the

Sandiganbayan. (Quezon City)
VENUE OF SELECTED OFFESNES

a.

When the crime is committed through

false testimony under oath in a
proceedingwhich is neither criminal nor civil,
Venue is at where the testimony under oath is
given.

Section 1.Who may intervene. A person

who has a legal interest in the matter in
litigation, or in the success of either of the
parties, or an interest against both, or is so
situated as to be adversely affected by a
distribution or other disposition of property in
the custody of the court or of an officer thereof
may, with leave of court, be allowed to
intervene in the action. The court shall
consider whether or not the intervention will
unduly delay or prejudice the adjudication of
the rights of the original parties, and whether
or not the intervenor's rights may be fully
protected in a separate proceeding. (2[a], [b]a,
R12)

b.

Under Sec 9 of R.A 8042 ( Migrant

workers and Oversees Filipinos Act of 1995) a
criminal action arising from illegal recruitment

Section 2. Time to intervene. The motion to

intervene may be filed at any time before
rendition of judgment by the trial court. A copy

of the pleading-in-intervention shall be

attached to the motion and served on the
original parties. (n)
Section 3. Pleadings-in-intervention. The
intervenor shall file a complaint-in-intervention
if he asserts a claim against either or all of the
original parties, or an answer-in-intervention if
he unites with the defending party in resisting a
claim against the latter. (2[c]a, R12)
Section 4. Answer to complaint-in-intervention.
The answer to the complaint-in-intervention
shall be filed within fifteen (15) days from
notice of the order admitting the same, unless
a different period is fixed by the court. (2[d]a,
R12)

and if the interveners rights may be fully

protected in separate proceedings.
Rule 110 Sec. 16

Limitations of the offended party to

intervene in a criminal action

Rule 19 v. Rule 110 Sec. 16 As to the person

who will intervene

Rule 19

The one who has legal interest in

litigation or in the success of either or
both parties or interest against both
Party is so situated as to be adversely
affected by the distribution of court or
other disposition of property in the
custody of the court

Rule 110 Sec. 16

It is limited to the party injured or his

attorney.

When intervention would be allowed

Rule 19

If it would not unduly delay or prejudice

adjudication of rights or original parties

If the offended party would not waive the

civil aspect of the action
When he would not expressly reserved
the filing of a separate civil action
When the nature of the offense charged
provides for an indemnity
When the interest of the offended party
in the civil aspect of the case does not
disappeared

Such intervention shall be under the

direction and control of the fiscal
(Section 5)
Such intervention shall only be for the
purpose of enforcing the accused civil
liability arising from the crime

Remedy of offended party in case of

dismissal
The offended party may:

Lodge a new complaint

Appeal to or take up the matter with the
Secretary of justice
Institute an administrative charge
against the fiscal
Institute criminal action against the
prosecuting officer
File a civil action for damages against
the prosecuting fiscal under Art. 27 of
the Civil Code