CRIMINAL PROCEDURE Under the 1985 Rules on Criminal Procedure, a

criminal action may be instituted by Complaint

Judge Palamos
INTRODUCTION
Criminal Procedure- Regulates the steps by which one
who committed a crime is to be punished.
- Criminal procedure lays down the processes by
which an offender is made to answer for the
violation of the criminal laws.
- Generic term to describe the network of laws and
rules which governs the procedural
administration of justice.
CRIMINAL LAW CRIMINAL
PROCEDURE
of the offended party or by information filed by
the Prosecutor and once criminal action is filed
in court, the accused has the right to confront and
cross-examine his accuser.
Requisites for the exercise of Criminal Jurisdiction
(S-T-P)
1. Jurisdiction over the Subject matter
- Refers to the authority of the court to hear and
determine a particular criminal case.
2. Jurisdiction over the Territory
Remember: General principles of criminal law
(Territoriality) and Art. 2 of Revised Penal Code
( Extra-territoriality)

Substantive Remedial
It declares what acts are It provides how the act REVIEW:
punishable. is to be punished.
Art. 1 of the Constitution
It defines crimes, treats It provides for the
of their nature, and method by which a National Territory
provide for their person accused of a
The national territory comprises the Philippine
punishment. crime is arrested, tried,
archipelago, with all the islands and waters embraced
or punished.
therein, and all territories over which the Philippines
has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its
3 System of procedure in our jurisdiction terrestrial sea, the sea bed, the subsoil, the insular
(A2-I-M) shelves, and other submarine areas. The water around,
between, and connecting the islands of the archipelago,
1. Adversarial/accusatorial Art. 2 of the
regardless RPCbreadth and dimensions, form part of
of their
the internal waters of the Philippines.
The court has passive role and relies largely on The provision of this code shall be enforced not only
the evidence presented by both sides to the action within the Philippine archipelago but also outside of
in order to reach a verdict. its jurisdiction against offenders who:
The court shall consider no evidence which has 1. Should commit an offense while on a
not been formally offered. Philippine ship or airship;
2. Should forge or counterfeit any coin or
2. Inquisitorial currency note of the Philippine Islands or
The courts play a very active role and are not obligations and securities issued by the
limited to the evidence presented before it. government of the Philippine Islands;
3. Should be liable for acts connected with the
Judge/s actively participate/s in the gathering of introduction into these islands of the
facts and evidence instead of merely passively obligations and securities as mentioned
receiving information or evidence from parties. above;
4. While being public officers or employees,
should commit an offense in the exercise of
3. Mixed their functions;
5. Should commit any of the crimes against
Combination of the inquisitorial and the accusatorial national security or law of nations.
system.
Crimes against national security
For the purpose of issuing a warrant of arrest.
1. Treason
2. Conspiracy an proposal to commit treason
3. Misprision of treason
4. Espionage
 3. Jurisdiction over the Person of the accused.
- Acquired upon his arrest or apprehension, with
or without a warrant, or his voluntary appearance
or submission to the jurisdiction of the court.
Mandamus- A remedial measure for parties aggrieved
which shall be issued when any tribunal, corporation,
board, officer or person unlawfully neglects the
performance of an act which the law specifically enjoins
as a duty resulting from an office, trust or station.
SUMMARY PROCEDURE IN CRIMINAL CASES
NOTE: The writ of mandamus is not available to control
discretion. Neither may it be issued to compel the
exercise of discretion.
CRIMINAL JURISDICTION OF COURTS
Metropolitan Trial Court (MTC)
MTC does not at all times have jurisdiction
over offenses punishable with imprisonment
not exceeding 6 years and except in cases
falling within the exclusive jurisdiction of the
RTC and of the Sandiganbayan.
MTC shall exercise the ff criminal jurisdiction:
1. over all violations of city of municipal
ordinances committed within their
respective territorial jurisdiction;
2. over all offenses punishable with
imprisonment not exceeding six years
irrespective of the amount of fine, and
regardless of other imposable or
accessory penalties, including the civil
liability arising from such offenses
irrespective of kind, nature, value or
amount.
NOTE: This rule disregarding the amount
of the fine and other accessory penalties
in determining jurisdiction DOES NOT
apply when the offense is punishable by
fine ONLY.
Illustration
Art. 27 of the RPC states that MTC has
jurisdiction over offenses punishable by
up to the maximum of prision
correctional. Libel by means of writings
or similar means shall be punishable by
prision correctional , nevertheless, Art.
360 of the RPC states, criminal and civil
action for such offense shall be filed
simultaneously or separately with the
RTC.
Direct bribery Art. 210 of the RPC is
punishable by prision correctional in its
medium period, are within the exclusive
jurisdiction of the Sandiganbayan
pursuant to Sec. 4 (a) of P.D 1606 as
amended.
1. The Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial
Courts and the Municipal Circuit Trial courts
shall have jurisdiction over cases falling
under summary procedure committed within
their jurisdiction.
2. The ff cases are subject of summary (T-B-O-
A-D)
procedure:
a. Violations of Traffic laws, rules and
regulations;
b. Violations of rental law and BP22;
c. Violations of municipal or city Ordinances;
d. All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding 6 months, or a
fine not exceeding 1,000 pesos, or both,
irrespective of other imposable penalties,
accessory or otherwise, or of the civil
liability arising therefrom.
e. Offenses involving Damage to property
through criminal negligence where the
imposable fine does not exceed 10,000.
3. Filing of criminal case under summary
procedure.
Either complaint or information.
GR: In MM and other chartered cities
filing shall be by information
EXPN: when the offense is one which cannot
be prosecuted de officio.
4. If no cause or ground to hold the accused for
trial- Dismissal of the case
If there is a ground to hold the accused for
trial- set the case for arraignment and trial
5. Before conducting the trial, the court shall
 call the parties to a preliminary conference.
a. Entering into a stipulation of facts;
b. Considering the propriety of allowing
the accused to enter a plea of guilty to a
lesser offense; or
c. Taking up such other matters to clarify
the issues and to ensure a speedy
disposition of the case.
6. If the accused refuses to stipulate or fails to
do so, such shall not prejudice the accused.
Any admission of the accused made during
the preliminary conference must be reduced
to writing and signed by the accused and his
counsel.
If this requirement is not met, such
admission shall not be used against him.
7. Actual direct examination of the witnesses is
NOT required.
Affidavits submitted shall constitute their
direct testimonies.
The witnesses may be subjected to a cross-
examination, re-direct examination or re-
cross examination.
If the affiant fails to testify, his affidavit shall
not be considered as competent evidence.
The adverse party may utilize the same for
any admissible purpose.
8. The court is mandated NOT to order the
arrest of the accused except where the
ground is his failure to appear when required
by the court.
If he is arrested, he may be released on bail
or on recognizance by a responsible citizen
acceptable to the court.
9. When a trial has been conducted, the court
shall promulgate the judgement not later than
30 days after the termination of the trial.
Regional Trial Court (RTC)
RTC shall exercise the ff criminal jurisdiction:
(A2-S J)
1. all criminal cases not within the
exclusive jurisdiction of any court,
tribunal or body, except those falling
under the exclusive and concurrent
jurisdiction of the Sandiganbayan;
2. Appellate jurisdiction over all cases
decided by the MTC within its territorial
jurisdiction;
3. Special jurisdiction to handle exclusively
criminal cases as designated by the SC;
4. Jurisdiction over criminal cases under
specific laws such as:
a. Written defamation
b. Comprehensive Dangerous Drugs
Act of 2002 (R.A. No. 9165) as
provided under Sec. 90 thereof,
c. Violation of intellectual property
rights
d. Money laundering cases
Sandiganbayan
The Sandiganbayan shall exercise original
jurisdiction in all cases involving:
1. Anti-graft and Corruption Practices Act (R.A
No. 3019) and Chapter II Sec.2, Title VII,
Book II of the RPC, where one or more of
the accused are OFFICIALS occupying the ff
positions in the government, whether in a
permanent, acting or interim capacity, at the
time of the commission of the offense:
Officials of the EXECUTIVE branch
occupying the positions of regional
director and higher, otherwise
classified as Grade 27 and higher of
the Compensation and position
Classification Act of 1989 (R.A No.
6758) ,including:
a. Provincial governors, vice-
governors, members of the
sangguniang panlalawigan, and
provincial treasurers, assessors,
engineers, and other provincial
department heads;
b. City mayors, vice-mayors, members
of the sangguniang panlungsod, city
treasurer, assessors, engineers, and
other city department heads,
c. Officials of the diplomatic service
occupying the position of consul and
higher;
d. Philippine army and air force
colonels, naval captains, and all
officers of higher rank;
e. Officers of the Philippine National
Police while occupying the position
of provincial director and those
holding the rank of senior
superintendent or higher;
f. City and provincial prosecutors and
their assistants, and officials an
prosecutors in the Office of the
Ombudsman and special prosecutor;
 g. Presidents, directors or trustees, or
managers of government-owned or
controlled corporations, state
universities or educational
institutions or foundations
Members of the judiciary without
prejudice to the provisions of the
Constitution;
Chairmen and members of Constitutional
Commissions, without prejudice to the
provisions of the Constitution; and
All other national and local officials
classified as Grade 27 or higher.
a. Other offenses or felonies whether
simple or complexed with other
crimes committed by the public
officials and employees.
b. Civil and criminal cases.
NOTE: In cases where none of the accused are
occupying positions corresponding to Salary
Grade 27 or higher, exclusive original
jurisdiction shall be vested in the proper regional
trial court, metropolitan trial court, municipal
trial court and municipal circuit trial court.
CRIME JURISDICTION OF
SANDIGANBAYAN
Money laundering cases
(committed by public
officers and private persons
conspiring with public
officers)
Forfeiture cases under R.A
1379
(Plunder absorbs the
forfeiture cases)
Sandiganbayan shall exercise exclusive appellate
jurisdiction over final judgements, resolutions or
orders of regional trial courts.
- Petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas
corpus, injunctions and other ancillary writs and
processes in aid of its appellate jurisdiction an
over petitions of similar nature, including quo
warranto.
The ff offenses are subject to the jurisdiction of the
Sandiganbayan:
a. Anti-Graft and Corrupt practices Act (R.A No.
3019)
b. Act Declaring Forfeiture in Favor of the State
Any Property Found to Have been Unlawfully
Acquired by Any Public officer or Employee
(R.A No. 1379)
c. Bribery in all its forms including corruption of
public officers
d. Other offenses or felonies (aside from above),
whether simple or complexed with other crimes,
committed by public officials
NOTE: The relation has to be such that, in the legal
sense, the offense CANNOT exist with the OFFICE. In
other words, the office must be a constituent element of
the crime as defined by statute.
e.g Direct bribery, frauds against the public treasury,
malversation of public funds and property, illegal use of
public funds
Public office is not an element of the crime of MURDER,
since it may be committed by any person.
- Crime of RAPE WITH HOMCIDE
NOTE: If the information avers the intimate connection
between the office and the offense, this would bring the
offense within the definition of an offense committed in
relation to the public office.
If public office is a NO NEED TO STATE
constituent element of the SPECIFIC FACTUAL
crime charged ALLEGATIONS OF THE
INTIMACY.
If public office is NOT a INFORMATION HAS TO
constituent element of the CONTAIN SPECIFIC
offense charged FACTUAL
ALLEGATIONS
SHOWINT THE
INTIMACY.
Family Courts
1. Criminal cases where one or more of the accused
is below 18 years old but not less than 9 years
old;
2. Where one or more of the victims is a minor at
the time of the commission of the offense;
3. Cases against minors cognizable under
Comprehensive Dangerous Acts;
4. Violation against RA 7610 (Strong deterrence
and special protection against child abuse,
exploitation and discrimination acts;
5. Cases of Domestic Violence against women and
children.
 8. Motion to Declare the defendant in default;

9. Memoranda;
Court of Tax Appeals (CTA) 10. Interventions,
11. Motion for New trial, or for consideration of a
1. Exclusive original jurisdiction over all criminal judgment, or for reopening of trial;
offenses arising from violations of the National 12. Petition for Certiorari, mandamus or prohibition
Internal Revenue Code (NIRC) or Tariff and against any interlocutory order issued by the
Customs Code and other laws administered by court;
the BIR or the Bureau of Customs.
2. Offenses where the principal amount of taxes and Arraignment- The formal mode and manner of
fees, exclusive of charges and penalties claimed implementing the constitutional right of an accused
less than P1M or where there is no specified to be informed of the nature and cause of the
amount claimed, shall be tried by the regular accusation against him.
courts and the jurisdiction of the CTA shall be Without arraignment, the accused is not deemed to
appellate, and have been informed of such accusation.
3. Exclusive appellate jurisdiction in criminal If before his arraignment, the accused escapes, the
offenses: court has no authority to try him in absentia.
a. Over appeals from the judgments, resolutions or
order of the RTC in the exercise of their appellate Motion to quash- A written motion signed by the
jurisdiction over tax cases originally decided by accused or his counsel which is supposed to
the MTC, MeTC and MCTC. distinctly specify both its factual and legal grounds.
Filed before the accused enters his plea.
Pre-requisite to filing of complaint in court If the complaint or information is not dismissed or
GR: A confrontation between the parties before the quashed, and a subsequent plea of not guilty is
lupon chairman or the pangkat ng tagapagkasundo is entered, the machinery of the criminal justice system
needed before a Complaint, petition, action or proceeding shall proceed to its natural course.
may be filed or instituted directly in court or any
government office for adjudication. The parties thereto Post-judgment remedies
may still go back to court either (1) when the lupon
secretary or pangkat secretary as attested to by the lupon
or pangkat chairman certifies that no conciliation or SUPREME COURT
settlement has been reached, or (2) when the parties

repudiated the settlement.
COURT OF APPEALS OR SANDIGANBAYAN
EXPN:
1. When the accused is under detention;
2. When the person has been deprived of personal
liberty calling for habeas corpus proceedings; COURT OF APPEALS OR SUPREME COURT
3. Where actions coupled with provisional
remedies, or
4. Where the action may be barred by the statute of REGIONAL TRIAL COURT
limitations.

Prohibited pleadings, motions and petitions in
METROPOLTAN TRIAL COURT, MUNICIPAL
summary procedure (civil and criminal cases)
(B-Re-Q | T-E-R-P-D | M-I-N-C) TRIAL COURT IN CITIES, MUNICIPAL TRIAL
1. Motion for Bill of particulars; COURT OR THE MUNICIPAL CIRCUIT
2. Petition for Relief from judgement TRIAL COURT
3. Motion to Quash the complaint or information
EXPN: Lack of jurisdiction over the subject
matter or failure to comply with the barangay
conciliation proceedings;
4. Third-party complaints;
5. Motion for Extension of time to file pleadings,
affidavits or any other paper;
6. Reply;
7. Dilatory motions for Postponement;
 RULE 110 SEC.1 INSTITUTION OF CRIMINAL ACTIONS
PROSECUTION OF OFFENSES
The institution of a criminal action depends upon
whether or not the offense is one which requires
a preliminary investigation.

Preliminary investigation is required for offenses

Purpose: To determine the penal liability of the where the penalty prescribed by law is at least 4
accused for having outraged the state with his crime. years, 2 months and 1 day or prision correctional
If he be found guilty, he shall be punished for it. in its medium period, without regard to fine.

Parties: People of the Philippines and the accused The RTC has jurisdiction over an offense
NOTE: The offended party is regarded merely as a punishable with imprisonment of more than 6
witness for the state. years, a period way above the minimum penalty
for an offense that requires a preliminary
Criminal action investigation.
One by which the State prosecutes a person for an act or
omission punishable by law. MTC has exclusive jurisdiction over offenses
punishable with imprisonment not exceeding 6
years.
CRIMINAL ACTIOIN CRIMINAL
PROSECUTION
Instituted
Preliminaryonce a complaintCriminalInstituted once
action is the
has been filed
investigation isin the proper information is filed
instituted by filing the by the
office or
REQUIRED court as the case Prosecutor in
complaint with the court.
may be. proper officer for the
Generally bars the runningpurpose of conducting
No effect of institution.
of the prescriptive period the requisite
of the offense. preliminary
investigation.
(sec.1 Rule 110, Rules
of Court)
Preliminary Criminal action is
investigation is NOT instituted either of two
required ways:
a. Filing complaint
or information
directly with the
MTC and
MCTC;or
b. Filing the
complaint with
the office of
the prosecutor

Prosecutor will
investigate to
determine
probable cause

If probable cause is
present, file
information in
court
If probable cause is
NOT present,
dismiss prosecutor

Appeal to DOJ
 c. Subject only to the right against self-
incrimination, determine which witnesses to
present in court.

SEC.2 FORM OF THE COMPLAINT OR

INFORMATION
Institution of criminal actions in Manila and other Requisites:
chartered cities (W-A-P)
A special rule prevails. 1. Shall be in Writing
The rule is that the complaint shall be filed with the 2. Against All persons who appear to be responsible
office of the prosecutor UNLESS otherwise provided in for the offense involved.
their charters. 3. In the name of the People of the Philippines

Remedies if Prosecutor refuses to file an information

(S-N-A-C-C-M-S)
1. Take up the matter with the Secretary of Justice
in accordance with the Revised Administrative
Code or with the President in special cases;
2. Lodge a New complaint before the court
Note: No double jeopardy
3. Institute Administrative charges against the
erring Prosecutor;
4. File Criminal case against the Prosecutor;
5. File Civil action for damages
6. File an action for Mandamus, in case of grave
abuse of discretion
Prescriptive period
The institution of the criminal action shall interrupt the
period of prescription of the offense charged unless
otherwise provided in special laws. (Sec.1, Rule 110,
Rules of Court)
REVIEW
Prescription begins from the commission
of the crime or from the discovery thereof
and the institution of judicial proceedings
for its investigation and punishment.
Q: Who must prosecute the criminal action?
A: Under the direction and control of the public
prosecutor.
Even if there is a private prosecutor, the criminal
action is still prosecuted under the direction and
control of the public prosecutor.
SEC. 3 COMPLAINT- 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.
- Not a mere statement.
- Must be sworn and written
Requisites
(S-C-O-W-P)
1. It must be Subscribed by the offended party, by
any peace officer or public officer charged with
the enforcement of the law violated;
2. It must Charge a person with an offense;
3. It must be under Oath and in Writing; and
4. It must be in the name of the People of the
Philippines.
Q: Who can file a complaint?
A: Offended party, any peace officer, and other public
officer.
SEC.4 INFORMATION- An accusation in writing
charging a person with an offense subscribed by he
prosecutor and filed with the court.
- NOT required to be sworn.
- Only a public officer as a prosecutor is
authorized to subscribe to the information.
Requisites:
(W-C-S-F)
1. It must be in Writing;
2. It must Charge a person with an offense;
3. It must be Subscribed by the Prosecutor, and
4. It must be Filed in court.

Public prosecutor, in the exercise of his functions, has the

power and discretion to:
a. Determine whether a prima facie case exists,
b. Decide which of the conflicting testimonies COMPLAINT INFORMATION
should be believed free from the interference or
control of the offended party and Subscribed by the offended Subscribed by the
party, any peace officer or
other public officer
charged with the
enforcement of the law
violated.
It may be filed either in
court or in the Prosecutors
office.
It must be made under
oath.
It usually refers to felonies
which cannot be
prosecuted de officio.
SEC. 5 WHO MUST PROSECUTE CRIMINAL
ACTIONS
Prosecutor.
It is filled in the court.
If need not be under oath.
Purpose:
The fiscal who files it is
already acting under his
oath of office.
It usually refers to public
crimes.
b. Parents, grandparents, or legal/judicial
guardians of the offended party;
c. By the State pursuant to Doctrine of Parens
Patriae.
3. Defamation
- The offended party
SEC. 6 SUFFICIENCY OF COMPLAINT OR
INFORMATION
1. To inform the accused of the nature and cause of
the accusation against him; and
2. To notify the defendant of the criminal acts
imputed to him so that he can duly prepare his
defense.
GR: A defective information CANNOT support a
judgment of conviction.
EXPN: When the defect in the information was cured
by evidence during the trial and no objection appears
to have been raised.

Q: Who must prosecute criminal action in the MTC
or MCTC?
A: Under the direction and control of the prosecutor.
Q: What if the assigned prosecutor is not available?
A: The action may be prosecuted by
a. The offended party,
b. Any peace officer,
c. Or public officer charged with the
enforcement of the law violated.
NOTE: The same shall be prosecuted in violation of
special laws.
Q: May a private prosecutor prosecute a case even in
the absence of the public prosecutor?
A: Yes, up to the end of the trial even in the absence of
the public prosecutor if he is authorized to do so in
writing.
The written authorization to the private prosecutor
shall be given because of either of the ff reasons;
a. The public prosecutor has a heavy work
schedule or
b. There is a lack of public prosecutors
Prosecution in the RTC always commenced by
information, except:
(C-A-S-A-L-D)
1. Concubinage, Adultery, Seduction, Abduction,
and Acts of Lasciviousness; and
2. Defamation
Who may prosecute?
1. Concubinage and adultery
- The offended spouse.
2. Seduction, abduction, and acts of lasciviousness
a. Offended party
A complaint or an information is deemed
SUFFICIENT if it contains the ff:
(P-A-N-D-A-A)
a. The Place where the offense was committed.
b. The Acts or omissions complained of as
constituting the offense;
c. The Name of the offended party;
d. The Designation of the offense given by statute;
e. The name of the Accused;
f. The Approximate date of the commission of the
offense;
SEC.7 NAME OF THE ACCUSED
Purpose: To make a specific identification of the person
to whom the commission of an offense is being imputed
so that the court my acquire jurisdiction over his person
and to inform him of the facts.
How to state the name of the accused
a. The complaint or information must state the
name and surname f the accused or any
appellation or nickname by which he has been or
is known.
b. If his name CANNOT be ascertained, he must be
described under a fictitious name. (accompanied
by a statement that his true name is unknown)
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.
NOTE: Mistake in the name a mistake in the
identity of the accused
SEC.8 DESIGNATION OF THE OFFENSE
 Purpose: IN
1. To enable the person of common understanding
to know what offense is intended to be charged; Train, aircraft or vehicle In the court of any
2. To enable the court to pronounce proper municipality or territory
judgment. where such passed during
its trip, including the place
Rules: of its departure and arrival.
1. Name given to the offense by statute must be NOTE: Offense is
stated in the complaint or information. committed in the course of
2. To be included in the complete designation of the the trip of the ff mentioned.
offense is an averment of the acts or omissions
Board or vessel a. The court of the
consisting the offense.
3. The complaint or information must specify the first port of entry,
qualifying and aggravating circumstances of the or
b. The municipality
offense.
or territory where
NOTE: Failure to designate the offense by the statute the vessel passed
or to mention the specific provision penalizing the during its voyage.
act or erroneous specification of the law violated NOTE: This rule
DOES NOT VITIATE the information if the facts applied when the
alleged clearly recite the facts constituting the crime offense is committed
charged. during the voyage of
the vessel and is
Effect of failure to specify the correct crime subject to the generally
Such will not bar conviction of an accused. The accepted principles of
character of the crime is NOT determined by the International Law.
caption or preamble of the information or y the Art. 2 of the RPC Court where the criminal
specification of the provision of law alleged to have action is first filed.
been violated but by the recital of the ultimate
FACTS and CIRCUMSTANCES in the complaint or
information. SEC.11 DATE OF COMMISSION OF THE
OFFENSE
SEC.9 CAUSE OF THE ACCUSATION GR: Not necessary to state in the complaint or
GR: An accused cannot be convicted unless it is clearly information the precise date of the commission of the
charged in the complaint or information. offense. It may be as near as possible to the date the
He has the right to be informed of the nature and cause of crime was committed.
the accusation against him. EXPN: When the date is a material ingredient
EXPN: Accused failed to object is considered waiver of
the constitutional right to be informed of the nature and SEC. 12 NAME OF THE OFFENDED PARTY
cause of the accusation against him.
SEC.13 DUPLICITY OF OFFENSES
Rule on allegation of qualifying and aggravating GR: Complaint or an information must charge only ONE
circumstances offense.
The qualifying and aggravating circumstances cannot be More than one offense may however, be charged when
appreciated even if proved UNLESS alleged in the the law prescribes a single punishment for various
information. offenses.

SEC.10 PLACE OF THE COMISSION OF THE
OFFENSE
Purpose: To show territorial jurisdiction.
GR: Criminal action shall be instituted and tried in the
court of the municipality or territory
a. Where the offense was committed, or
b. Where any of its essential ingredients occurred.
(Subject to existing laws)
CRIMES COMMITTED JURISDICTION
When two or more offenses are charged in a single
complaint or information, the accused must object to
such fact before trial. If he DOES NOT so object, the
court may convict him of as many offenses as are
charged and proved, and impose on him the penalty for
each offenses.
SEC. 14 AMENDMENT OR SUBSTITUTION
Amendment- Refers to a change in either the form or
substance of the same offense in the information.
 Applicability
Kinds of amendment
1. Formal amendment- Merely states with Involves the same, Involves different offenses
additional precision something which is attempted , frustrated,
already contained in the original information necessarily includes or
and adds nothing essential for conviction for necessarily included
the crime charged. offense
2. Substantial amendment- Consists of Scope
changing the recital of facts constituting the
offense charged and determinative of the May involve either Involves substantial
jurisdiction of the court. formal or substantial change from the original
changes charge
Rules:
1. Before plea Necessity of Leave of Court
GR: Any amendment, formal or substantial, Amendment before the Substitution of
before the accused enters into plea may be plea has been entered information must be with
done without leave of court. can be effected leave of court as the
EXPN: Any amendment before plea, which without leave of court. original information has
downgrades the nature of the offense charged Amendment after the to be dismissed.
or excludes any accused from the Complaint plea can be effected
or information can be made only: only when there is
a. Upon motion by the Prosecutor; leave of court.
b. With notice to the offended party;
c. With leave of court. Necessity of Another preliminary investigation
2. After plea
Covers only formal amendment provided Amendment is only as Another preliminary
that: to form there is no investigation is entailed
a. Leave of court is obtained; need for another and the accused has to
b. Such amendment in the information preliminary plead anew to the new
upgrades it to a high crime, in which investigation and the information
case, amendment may be made but there making of the plea of
is a need for another arraignment of the the accused
accused under the amended information.
Applicability of Rule on Double jeopardy
NOTE: Applies only to original case and not to An amended Requires or presupposes
appealed cases. information refer to that the new information
Limitation to the rule of substitution the same offense involves a different
1. No judgment has yet been rendered; charged in the original offenses which does not
2. The accused cannot be convicted of the information or to an necessarily included in the
offense charged or of any other offense offense which original charge, hence the
necessarily included therein; and necessarily includes or accused cannot claim
3. The accused would not be placed in double is necessarily included double jeopardy.
jeopardy. in the original charge,
hence substantial
amendments to the
information after the
plea has been taken
cannot be made over
the objection of the
accused, for if the
original information
would be withdrawn,
the accused could
invoke double
jeopardy.

AMENDMENT SUBSTITUTION
 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 only by the
consent of the defendant.
Venue is an essential element in jurisdiction in
criminal cases.
EXPN:
1. Art.2 of the RPC
2. Where an offense is committed on a railroad
train, aircraft, or any public or private
vehicle in the course of the trip
3. Where an offense is committed on board a
vessel in the course of its voyage
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.
EXPN:
1. Where from the nature of the crime the law
defining and punishing it , no civil liability
arises in favour of the offended party
e.g treason, rebellion, espionage, and
contempt
2. Where to offended party has expressly
reserved his right to institute a separate civil
action; or
3. Where the offended party has already
instituted said action.
Purpose: The sole purpose of the civil action is for the
RULE 111
PROSECUTION OF CIVIL ACTION
resolution, reparation or indemnification of the private
offended party for the damage or injury he sustained by
reason of the delictual or felonious act of the accused.
NOTE: One of the issues in a criminal case being the
civil liability of the accused arising from the crime, the
REVIEW
The reason for the implied institution of
the criminal action is the principle that
every person criminally liable for a felony
is also civilly liable (Art. 100 of the RPC).
Note:
EXPN: No actual damage results from an
offense such as espionage, violation of
neutrality, flight to an enemy country and
crime against popular representation.
Governing law is the Rules of Criminal Procedure, not
the Rules of Civil Procedure.
GR: When criminal action is instituted, the civil action
for the recovery of the civil liability arising from the
offense charged shall be deemed instituted with the
criminal action.
EXPN:
(W-R-I)
1. When the offended party Waives the civil action;
2. When the offended party Reserves his right to
institute a separate civil action;
3. When the offended party Institutes a civil action
prior to the criminal action.
A separate civil action would only prove to be costly,
burdensome and time-consuming for both parties and
further delay the final disposition of the case.
NOTE: The multiplicity of suits must be avoided.
When reservation shall be made:
1. Before the prosecution starts to present its
evidence and
2. Under circumstances affording the offended
party a reasonable opportunity to make such
reservation.
Instances where reservation to file the civil action
separate shall NOT BE ALLOWED:
1. BP 22 cases;
2. Cases cognizable by the Sandiganbayan
3. Tax cases
Q: Is there an instance when a separate proceeding
for the recovery of civil liability arising from
violations of BP 22 is allowed?
A: Yes, it is allowed when the civil case is filed ahead
of the criminal case.
Civil actions referred to in Art. 32,33,34 and 2176 of
the Civil code shall remain separate, distinct and
independent of any criminal prosecution which may
be based on the same act.
Illustration
If the employee/driver of a common carrier, by his
negligent act causes serious injuries to a pedestrian, the
former is not only civilly liable as a result of the
felonious act (reckless imprudence resulting to serious
physical injuries) but is likewise liable under a quasi-
delict or culpa aquiliana pursuant to Art. 2176 of the
Civil Code. Such civil liability even if resulting from the
same negligent act is separate and independent of the
crime.
Same principle applies to criminal case based on
defamation, fraud or physical injuries. It gives rise to an
independent civil action arising not from the crime
charged but from art. 33 even if caused by the very same
defamatory or fraudulent act. NOTE: A court cannot entertain counterclaims,
cross-claims and third party complaints in the
Rules on filing fees of civil action deemed instituted criminal action.
with the criminal action
1. No filing fees are required for amounts of actual Acquittal in a criminal case does not bar the filing
damages, except with respect to criminal actions of the civil case
for violation of bp 22, in which case, the Extinction of the penal action does not carry with it
offended party shall pay in full the filing fees the extinction of the civil action, UNLESS the
based on the face value of the check as the actual extinction proceeds from a declaration in a final
damages; judgment that the fact from which the civil liability
2. Where the amount of damages ,other than actual might arise did not exist.
(moral, exemplary and other damages), is
specified in the complaint or information, the
Instances when the Instances when the
corresponding filing fees shall be paid by the
extinguishment of the extinguishment of the
offended party upon filing thereof in court and
3. Where the offended party seeks to enforce civil criminal liability results criminal liability does not
liability against the accused by way of moral, in the extinguishment of result in the
nominal, temperate or exemplary damages the civil liability extinguishment of the
without specifying the amount thereof, in the civil liability
complaint or information, the filing fees thereof, 1. The court 1. The acquittal is
shall constitute a first lien on the judgment declares that the based on
awarding such damages. accused was reasonable
innocent; doubt, if the civil
SEC.2 WHEN SEPARATE CIVIL ACTION IS 2. The acts or case has been
SUSPENDED omissions giving reserved;
rise to the civil 2. The decision
liability in the contains a
Primacy of criminal action over civil action
criminal action declaration that
1. After the filing of the criminal action, the civil
does not exist; the liability of
action which has been reserved cannot be
3. Death of the the accused is
instituted until final judgment has been rendered
accused not criminal but
in the criminal action;
only civil in
2. If the civil action is instituted before the filing of
nature;
the criminal action and the criminal action is
3. The civil liability
subsequently commenced, the pending civil
is not derived
action shall be suspended in whatever stage it
from or based on
may be found until final judgment in the criminal
the criminal act
action has been rendered.
of which the
EXPN:
1. In cases independent civil actions based upon art. accused is
32,33,34 and art. 2176 of the Civil Code, acquitted
2. In cases where the civil action presents a 4. The statute
prejudicial question; declares that
3. In cases where the civil action is consolidated there can be no
with the criminal action; and criminal liability
4. Where the civil action is not one intended to but only civil
enforce the civil liability arising from the liability
offense. 5. Art. 11 of the
RPC Justifying
Suspension of the period of prescription circumstances
Where there is no consolidation of the civil action 6. Art. 12 of the
with the criminal action and the civil action is RPC- exempting
suspended or the civil action cannot be instituted circumstances
separately until after final judgment is rendered in the
criminal action, the prescriptive period of the civil
action shall be tolled during the pendency of the SEC.3 WHEN CIVIL ACTION MAY PROCEED
criminal action. INDEPENDENTLY
Consequences of the independent character of actions
under art. 32,33,34 and 2176;
1. The right to bring civil action shall proceed
independently of the criminal action and
regardless of the results of the latter;
2. The quantum of evidences required is
preponderance of evidence;
3. The right to bring the foregoing actions based on
the Civil Code need not be reserved in the
criminal prosecution, since they are not deemed
included therein;
4. The institution or the waiver of the right to file a
separate civil action arising from the crime
charged does not extinguish the right to bring an
independent action;
5. The only limitation is that the offended party
cannot recover more than once for the same act
or omission;
6. Even if a civil action is filed separately, the ex
delicto civil liability in the criminal prosecution
remains, and the offended party may-subject to
the control of the Prosecutor- still intervene in
the criminal action, in order to protect the
remaining civil interest therein.
SEC. 4 EFFECTS OF DEATH ON CIVIL
ACTION
1. If the accused dies before arraignment, the case
shall be dismissed without prejudice to any civil
action the offended party may file against the
estate of the accused;
2. If the accused dies after arraignment and during
the pendency of the criminal action the civil
liability arising from the delict shall be
extinguished.
EXPN:
a. Where the civil liability is predicated on other
sources of obligations such as law, contracts,
quasi-contracts, and quasi delicts or is an
independent civil action. The action may be
continued against the estate of the accused after
proper substitution is made either as to the
relatives or the estate; or
b. If the civil action has been reserved and
subsequently filed or such civil action has been
instituted when the accused died, such civil
action will proceed and substitution of parties
shall be ordered by the court.
3. If the accused dies during appeal, his civil and
criminal liabilities are extinguished.
4. If the accused dies after final judgment, the
pecuniary liabilities of the accused are not
extinguished. Claims shall be filed against the
estate of the accused.
SEC. 5 JUDGMENT N CIVIL ACTION NOT A BAR
The judgment in civil actions based on art. 32,33,34 and
2176 of the CC ,absolving the defendant from civil
liabilities does not bar the criminal action.
SEC.6 SUSPENSION BY REASON OF
PREJUDICIAL QUESTION
A petition for suspension of the criminal action by reason
of prejudicial question in a civil action may be filed in
the office of the Prosecutor or the court conducting the
preliminary investigation.
SEC. 7 ELEMENTS OF PREJUDICIAL QUESTION
Prejudicial question- Is an issue involved in a civil
case which is similar or intimately related to the issue
raised in the criminal action, the resolution of which
determines whether or not the criminal action may
proceed.
1. The civil action must be instituted prior to the
criminal action;
2. The civil action involves an issue similar or
intimately related to the issue raised in the
subsequent criminal action; and
3. The resolution of such issue determines whether
or not criminal action may proceed.
Test to determine existence of prejudicial question
- It must appear that the civil case does not only
involve the same facts upon which the criminal
prosecution is based but also the resolution of the
issues raised in said civil action would necessary
be determinative of guilt or innocence of the
accused.
When to file the petition for suspension by
reason of a prejudicial question:
1. During the PI; or
2. In court before the prosecution rests its case.
Where to file petition for suspension by reason
of prejudicial question:
1. Office of the Prosecutor; or
2. Court where the criminal action has been
filed for trial at any time before the
prosecution rests.
RULE 112
PRELIMINARY INVESTIGATION
Preliminary investigation- Is an inquiry or a
proceeding the purpose of which is 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.
- Mere inquiry or a proceeding, it is NOT
therefore, a trial and so does not involve the
examination of witnesses by way of direct or
cross-examinations.
Purpose:
1. Whether or not a crime has been committed
2. Whether or not the respondent is probably
guilty of the crime.
The question is: Is the respondent probably
guilty and therefore, should go to trial?
NOTE: The presence of the accused is not
mandatory in the investigation.
The Prosecutor: Does not decide whether there is
evidence beyond reasonable doubt of the guilt of
respondent. HE merely determines the existence
of probable cause, AND to file the corresponding
information if he finds it to be so.
GR: 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,(2)
months and (1) day without regard to the fine.
EXPN: There is no right of preliminary
investigation under Rule 112, Sec. 7, when a
person is lawfully arrested without a warrant
except in cases provided under Rule 112, sec. 6.
Instances when preliminary investigation may
be asked by the accused:
1. If a person is arrested, he can ask for a
preliminary investigation before the filing of
the Complaint/information but he must sign
in a waiver in accordance with Art. 125 of
the RPC; or
2. After the filing of the information/complaint
the accused may, within (5) five days from
the time he learns of its filing ask for
preliminary investigation.
The right to preliminary investigation is
deemed waived by:
1. Failure to claim it before the accused pleaded
2. His silence
3. Failure to request it within 5 days from the time
he learns of the filing of the Complaint or
information, in those instances where the accused
is lawfully arrested without a warrant
Right to preliminary investigation; waivable
The right to preliminary investigation may be waived
for failure to invoke the right prior to or at the time of
the plea.
Instances wherein the right to preliminary
investigation is not deemed waived:
1. Failure to appear before the Prosecutor during
the clarificatory hearing or when summoned
when the right was invoked at the start of the
proceeding; or
2. When the accused filed an application for bail
and was arraigned over his objection and the
accused demand the preliminary investigation to
be conducted.
NOTE: The absence of preliminary investigation
does not impair the validity of the new information
or otherwise render the same defective. It does not
affect the jurisdiction of the court over the case or
constitute a ground for quashing the information
If there was no preliminary investigation and the
accused invites the attention of the court to its
absence before entering his plea, the court should
conduct it or remand the case to the interior courts so
that the preliminary investigation may be conducted,
instead of outrightly dismissing the information.
Remedies of the accused if there was no
preliminary investigation:
1. Refuse to enter a plea upon arraignment and
object to further proceedings upon such ground;
2. Insist on a preliminary investigation as error on
appeal; or
3. File for prohibition
PRELIMINARY PRELIMINARY
INVESTIGATION EXAMINATION/
INQUIRY
To ascertain whether To determine probable
the alleged offender cause for the issuance
should be held for trial, of a warrant of arrest
to be subjected to the
expense, rigors and
embarrassment of trial
or if the offender is to
be released.
By the prosecutor By the judge
Executive in nature Judicial in nature
SEC.2 OFFICERS AUTHORIZED TO
CONDUCT PRELIMINARY INVESTIGATION
Persons authorized to conduct preliminary
investigation
 1. Provincial prosecutor or city Prosecutor and their
assistants
2. National and regional state Prosecutors; and such
other officers as may be authorized by law such
as the COMELEC, Ombudsman and PCGG.
Their authority to conduct preliminary investigation
shall include all crimes cognizable by the
proper court in their respective territorial jurisdiction.
Regarding offenses falling within the original
jurisdiction of the Sandiganbayan: The
preliminary investigation of cases falling under the
jurisdiction of the Sandiganbayan shall be conducted
in the manner prescribed in Rule 112, Sec. 3 of the
ROC. Upon the termination of the preliminary
investigation, the investigating officer shall forward
the records of the case together with his resolution to
the designated authorities for their appropriate action
thereon.
NOTE: No information may be filed and no
complaint may be dismissed without the written
authority or approval of the Ombudsman in cases
falling within the jurisdiction of the Sandiganbayan,
or of the proper Deputy Ombudsman in all other
cases.
Authority of the Obudsman
The power of the Ombudsman to make investigation
extends to any illegal act or omission of any public
official , whether or not the same is committed in
relation to his office.
This however does not include administrative cases
of court personnel because the 1987 Constitution
exclusively vests in the SC administrative
supervision over all courts and court personnel.
Ombudsmans jurisdiction in preliminary
investigation
1. For a crime cognizable in Sandiganbayan
Ombudsman has PRIMARY JURISDICTION.
The ombudsman can over take ANY preliminary
investigation being performed in such manner;
2. For a crime cognizable in any court other than
the Sandiganbayan, the Ombudsman only has
CONCURRENT JURISDICTION. Thus, when
the DOJ is already performing the investigation,
the ombudsman cannot take over.
3. If preliminary investigation is finished and the
case is filed in court of the Ombudsman now has
the EXCLUSIVE JURISDICTION to prosecute
the case.
The Ombudsman does not have the ff powers:
1. To prosecute before the Sandiganbayan any
impeachable officers with any offense which
carries with it the penalty of removal from office
or any penalty service of which amount to
removal from office because by constitutional
mandate they can only be removed from office
on impeachment for, and convict of, culpable,
violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or
betrayal of public trust.
2. To prosecute public officers or employees who
have committed election offenses.
3. To file an information for an offense cognizable
by the regular courts.
Authority of the PCGG
The PCGG has the power to investigate and
prosecute such, ill-gotten wealth cases of former
President Marcos his relatives and associates, and
graft and corrupt practices cases that may be assigned
by the President to the PCGG to be filed with the
Sandiganbayan.
Effects of an incomplete preliminary investigation
1. It does not warrant the quashal of the information
2. It does not affect the courts jurisdiction or the
validity of the information
Authority of the COMELEC
The COMELEC and the other prosecuting arms of
the government such as the DOJ, now exercise
concurrent jurisdiction in the investigation and
prosecution of election offenses.
SEC. 3 PROCEDURE
10 steps of PI
1. Filing the Complaint accompanied by the
affidavits and supporting documents which
must be executed under oath.
2. Within 10 days of the filing, investigating officer
shall either dismiss or issue subpoena.
3. If subpoena is issued, respondent shall submit a
counter-affidavit and other supporting documents
within 10 days from receipt thereof.
4. After clarificatory hearing (optional). It shall be
held within 10 days from submission of counter-
affidavits or from the expiration of the period of
their submission.
5. Resolution or investigating Prosecutor within 10
days after the investigation.
6. If NO PROBABLE 6. If there is
CAUSE exists, issue PROBABLE CAUSE to
recommendation of hold respondent for trial,
dismissal of the case. prepare resolution and
information.

7. Within 5 days from resolution or

recommendation of dismissal, forward the record of
the case to (1) Provincial or City Prosecutor; (2)
Chief state Prosecutor; or (3) Ombudsman or his
deputy, in cases cognizable by the Sandiganbayan
in the exercise of its original jurisdiction. They shall
act on the resolution or recommendation of
dismissal within 10 days from their receipt thereof
and shall immediately inform the parties of such
action.

8. Aggrieved party from the decision of the superior

office may file a petition for review to the DOJ.

9. Information is filed in court if there is probable

cause.

10. The court will determine whether there is

probable cause for the issuance for the warrant of
arrest.