1 CRIMINAL PROCEDURE| ATTY.
FERNANDEZ | STRICTLY CONFIDENTIAL
PRELIMINARY MATTERS
Criminal Procedure- It is a term to describe the network of laws and
rules which govern the procedural administration of justice. As such,
it treats of the rules and processes by which criminal laws are
enforced and by which the state prosecutes persons who violate
such laws.
- It is a method by which a person who is charged with an offense is
arrested, prosecuted and punished in case of conviction.
Question: Can you enjoin criminal prosecution?
GR: No. Criminal prosecution cannot be enjoined since public
interest requires that criminal acts be immediately investigated and
prosecuted for the protection of society. As criminal prosecution is
imbued with public interest, a crime is committed against the
sovereignty.
Discussion The reason why the title of the case is People of the
Phils. Vs the Accused is that, although there is a victim, a private
person that got killed or his rights were violated, but in reality, the
crime is committed against the state. The violation is a breach
against public order and public safety. The victim here is only
considered as a complaining witness.
EXCEPTIONS: (developed through Supreme Court decisions/
Jurisprudential decisions)
1. When the injunction is necessary to afford adequate
protection to the constitutional rights of the accused;
2. When it is necessary for the orderly administration of
justice or to avoid oppression or multiplicity of actions;
3. Where there is a prejudicial question which is subjudice;
4. When the acts of the officer are without or in excess of
authority;
5. Where the prosecution is under an invalid law, ordinance or
regulation;
6. When double jeopardy is clearly apparent;
7. Where the court has no jurisdiction over the offense;
8. Where it is a case of persecution rather than prosecution;
9. Where the charges are manifestly false and motivated by
the lust for vengeance; and
10. When there is clearly no prima facie case against the
accused and a motion to quash on that ground has been
denied.
Relevant case: Brocka et al v Enrile et al (192SCRA183)
- The SC ruled that generally, criminal prosecution cannot be
enjoined. But in this case, the SC provided certain
exceptions. One of which is where it is a case of
persecution rather that prosecution . in totality, the reason
advanced by the SC is to prevent the strong arm of the law
from being used in a vindictive and oppressive manner and
to afford undue protection to the constitutional rights of the
accused such that criminal prosecution can be enjoined.
Q: What are the sources of Criminal Procedure?
- 1987 Constitution on the Rights of the Accused;
- Batas Pambansa Blg 129, Judiciary Act of 1980;
- RA 7691, Expanded Jurisdiction of the 1 st level Courts;
- RA 8369, Family Courts Act;
- Revised Rules on Summary Procedure, as amended;
- Local Government Code of 1991 on Barangay on
Conciliation;
- Sandiganbayan Law, RA 8249, RA 7975, and PD 1606
(Jurisdiction)
- Supreme Court Circulars/Admin Matters; and
- Supreme Court Decisions
Q: What are the systems of Criminal Procedure?
1. Accusatorial or Adversarial System - this kind of
system contemplates two contending parties
(prosecution and the accused) before the court which
hears them impartially and renders judgment only
after trial. The judge is not permitted to act as an
inquisitor who pursues his own investigation and
arrives at his own conclusion.
2. Inquisitorial System the court (judge) plays a very
active role and is not limited to the evidence presented
before it. The court (judge) may utilize evidence
gathered outside the court and actively participates in
the gathering of facts and evidence instead of
passively receiving information or evidence from the
parties.
3. Mixed System it is the combination of the
Accusatorial and Inquisitorial systems.
When it comes to accusatorial, the fact that it is termed accusatorial,
it will already give you an idea nga naay tao gi-accuse. So definitely,
not only one party is involved but two parties, two contending and
antagonistic parties. One, for the prosecution which is the State side
represented by the Prosecutor and the other side that of the accused.
It is the public prosecutor who will prove the guilt of the accused, he
is accusing. Mao bitaw nang sa title of criminal cases, People of the
Philippines v. ABC, ABC as accused. In this system the judge will
play a passive role. Why? Because if we construe the proceeding as
that of an arena, we have the judge playing the role of a referee. The
prosecution will prove the guilt of the accused beyond reasonable
doubt while the accused will also prove he is not guilty of the crime.
However, even with the silence of the accused, his silence will not in
any manner prejudice him because that is a right enjoyed by the
accused. The accuseds right to remain silent.
The burden of proving that the accused is guilty not only mere guilty
but guilty beyond reasonable doubt lies with the prosecution. Burden
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of proving never shifts, always stays with prosecution until
termination of case as the accused is presumed innocent until proven
guilty beyond reasonable doubt. So at the end of the day, the judge
will merely rule on the basis of the evidence presented by the parties.
If the prosecution was able to prove that the accused is guilty then by
all means the judge shall impose punishment on the accused. Such
that in proving the guilt, any iota of doubt as to the culpability of the
guilt of accused, accused shall be set free. Also, we have this
principle in criminal law which is the equiponderance of evidence or
the equipoise rule where the facts and circumstances are evenly
balanced such that one interpretation would tilt in favor of the
accused and the other tilts in favor of the prosecution, then according
to this rule, the accused should be set free because the scales of
justice should tilt in favor of the accused and due to presumption of
innocence.
Suppose the accused pleads guilty but in the process invokes
exculpatory defense self-defense, then his plea shall be changed into
not guilty then the Court shall issue an order for a reverse trial. What
is a reverse trial? It will now be the accused who will come forward
with his evidence in support of his self-defense theory.
Will it free the prosecution from proving guilt beyond
reasonable doubt?
No, because the burden of proof always lies at the prosecution.
Although the accused pleaded for self-defense what was only being
shifted is the burden of evidence not the burden of proof.
Is it common that the accused will remain silent? What happens
when accused will not present evidence?
Even if the accused remains silent all throughout the proceeding, his
silence will not in any manner prejudice him because he enjoys the
presumption of innocence, the right to remain silent as well as right
against self-incrimination.
Question: What is the difference between burden of proof and
burden of evidence?
Burden of proof is the proving that accused is guilty beyond
reasonable doubt, that prosecution steps forward to present evidence
to convict accused and prove him guilty beyond reasonable doubt
while burden of evidence is all about procedure, who will come
forward first to present evidence. Burden of proof is substantial while
burden of evidence is procedural.
In inquisitorial, you have this process of inquiring so the Judge
plays an active role because it is the judge who will ask the parties.
The judge is likened to that of an inquisitor.
In mixed system, it is a mix between accusatorial and inquisitorial.
Recently in the judicial system, we now have the face to face trial. If
at first from inquisitorial, we have shifted to accusatorial where both
accused and prosecution are given their day in court but now in the
present, nibalik nasad tag gamay into inquisitorial because of this
recent administrative circular where the judge will play an active role
for the purpose on the speedy disposition of cases to avoid further
delays because as justice is delayed, justice is denied. What is its
relevance? Under Rule 22-24 as amended, we have now the new
rules of court trial, where in fact 7 branches of the RTC are already
using this method which is the face to face trial. To avoid delays, the
judge may terminate any testimonies of witnesses to speedily run
through the case if it is not relevant anymore. The lawyer can still
cross-examine but the judge may stop such cross-examination if the
judge sees that it is not relevant to the case and that there is much
evidence presented already. If evidence is merely corroborative
where it wont add already to the evidence gathered, then the judge
may stop the direct examination as it will merely prolong the
proceeding.
Question: If the judge will play an active role in the proceedings,
will it affect his partiality?
No, as long as the judge does it within the bounds of law. Just like
the system used in US wherein the moment the judge will play a very
active role in such manner that he will already interfere in the taking
of testimony, either parties then may move for mistrial but in the PH
we dont practice that and the Judge is allowed to interfere because
we have the tendency to prolong the proceedings thats why to cut
short of the lengthy procedure, the Judge therefore is allowed to
interfere but only within the bounds allowed by law.
JURISDICTION
Jurisdiction goes to the very heart of the proceeding.
What is jurisdiction?
Jurisdiction is the authority of the court to hear and determine cases.
It is conferred by law. There should be a law conferring jurisdiction to
a particular court to try the said case. Remember, not the judge, but
the court.
What is the basis of the exercise of jurisdiction?
The law itself.
Take note: BP 129
Suppose the law is silent in conferring jurisdiction, can MTC or
RTC judge insist in trying the case? No.
What is the effect then if such courts insist in trying cases even
not conferred by jurisdiction?
The proceeding and the decision shall be null and void.
Is jurisdiction synonymous with venue?
Generally, venue is jurisdictional in criminal case. There is no
difference between the two but in civil case, venue and jurisdiction is
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not the same because venue is merely procedural while jurisdiction is jurisdiction until the case is terminated. Once jurisdiction attaches to
substantive. (Qualify your answer) a particular case, it continues until termination of case. It cannot be
divested of any authority to try and decide case because after all,
VENUE JURISDICTION jurisdiction is conferred by law.
-Merely Procedural - Substantive
What are the essential requisites of a valid exercise of
- Pertains to the - Pertains to the power Jurisdiction?
place of the Court to try and
decide cases 1. Jurisdiction over the Subject Matter;
2. Jurisdiction over the Person of the Accused; and
- Can be agreed - Can never be agreed 3. Jurisdiction over the Territory
upon by the parties upon by the parties
nor can be stipulated ---------------------------------------------------------------------------------
because it is Jurisdiction over Subject matter
conferred by law
- Refers to the authority of the court to hear and determine a
particular criminal case and impose the punishment for it.
- It is determined by the penalty involved and the nature of
the offense.
Example:
Why is it important that the court should have jurisdiction over
When a crime is committed in an aircraft, our usual notion would be
the Subject matter? What will happen if the court trying the case
that there is hijacking. However, under a special law, as long as any
had no jurisdiction? What is the effect?
of the external doors are still open, the aircraft is not yet considered
as in flight. Thus, in this case, hijacking is not the proper crime but - The proceedings and the subsequent judgment are
grave coercion and the case should be instituted in the courts of considered void because jurisdiction is conferred by law.
Lapu-lapu City since it is the place where the crime happened.
Illustration:
TN: The principle of Territoriality.
In a case where a person violates a city of municipal
GR: The action should be instituted in the place where the ordinance it is cognizable by the Municipal Trial Court.
criminal act is being perpetrated or is committed. When it comes to subject matter, the subject matter of this
case is the particular offense violated.
But once all external doors are closed, although the aircraft has not
In the RPC, in the crime of Libel, notwithstanding the
yet take off, the airplane is already considered as in flight.
penalty involved, the law provides that it should be tried in
Rule 110, Sec 15, par. 2: Where the offense is committed in a train, the Regional Trial Court.
aircraft, or other public or private vehincle in the course of its trip, the
criminal action shall be instituted and tried in the court of any 1. Jurisdiction over Person of Accused
municipality or territory where said train, aircraft, or other vehicle
What about the jurisdiction over the accused? Why is it
passed during its trip, including the place of departure and arrival.
important?
(Emphasis supplied)
Jurisdiction over the person of the accused is important in fact, one
Going back to the topic on jurisdiction, is concurrent
of the essential elements of the exercise of a bodys jurisdiction is
jurisdiction allowed by law?
because the Court cannot proceed in trying the case until and unless
-Yes, as long as it is expressly provided by law that such concurrent jurisdiction over the person of the accused is acquired. One of the
jurisdiction is allowed. If it is not prohibited, then it is allowed by law. fundamental principles in your Constitutional Law provides that the
What is important here before a court can take cognizance of a case accused shall have the right to be informed of the nature and cause
is that, jurisdiction is conferred by law. of accusation against him which is a component of due process
(Article 3, Section 1, 1987 Constitution).
Once jurisdiction attaches to a particular case, can the court
that takes cognizance over the case be divested of the
jurisdiction?

-No, the principle of adherence to jurisdiction provides that when

court already confers jurisdiction, it cannot be divested of its
4 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
Why is it that during the trial that even when the accused
escapes the proceedings still continues? Is there a conflict as to
acquisition of jurisdiction over the person?
No conflict because the Court has already acquired jurisdiction over
the person of the accused during the first instance. His escape or his
jumping of bail is immaterial and the proceedings still continue
making way to the principle of trial in absentia. Court then can
proceed despite the absence of accused through trial in absentia. As
long as the accused was notified and his absence was unjustified,
proceedings shall continue.
2. Jurisdiction over Territory
Venue is jurisdictional.
-The place where the crime was committed determines not only the
venue of action but is an essential element of jurisdiction.
-For jurisdiction to be acquired by courts in criminal cases offense
should have been committed or any one of its essential ingredients
should have taken place within the territorial jurisdiction of court.
CRIMINAL JURISDICTION OF TRIAL COURTS
What are the cases that fall under the jurisdiction of the Trial
Courts?
A. Criminal Jurisdiction of Municipal Trial Court, Municipal
Circuit Trial Court, and Metropolitan Trial Court (MTC)
-exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective
territorial jurisdiction
-exclusive original jurisdiction over all offenses punishable
with imprisonment not exceeding 6 years irrespective of
amount of fine except in cases falling within jurisdiction of
Sandiganbayan and RTC
-exclusive original jurisdiction over offenses involving
damage to property through criminal negligence
-violations of BP 22
-summary procedure in certain cases
-special jurisdiction to decide on applications for bail in
criminal cases in absence of all RTC judges in the province
B. Criminal Jurisdiction of Regional Trial Court (RTC)
-exclusive original jurisdiction in all criminal cases not
within exclusive jurisdiction of any court, tribunal or body,
except those now falling under exclusive and concurrent
jurisdiction of Sandiganbayan
-original jurisdiction in issuance of writs of certiorari,
prohibition, mandamus, quo warranto, habeas corpus and
injunction enforceable in any part of their respective
regions
-appellate jurisdiction over all cases decided by MTC within
its territorial jurisdiction
-special jurisdiction of certain branches to handle exclusive
criminal cases as may be determined by SC
-jurisdiction over criminal cases under specific laws:
*written defamation
*violation of Dangerous Drugs Act
*violations of Intellectual Property Rights
*all cases on money laundering but those
committed by public officers and private persons
in conspiracy shall be under Sandiganbayan
What is the role of Congress when it comes to our judicial
system? As far as apportioning jurisdiction and creating courts
are concerned, power is lodged in what branch of the
government?
Congress.
What is the role of the Supreme Court then in this manner?
Article 8, SECTION 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by
law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government.
So, when you said that when it comes to creating Courts and
apportioning jurisdiction the power is lodged in Congress, now
what is the power of the Supreme Court when it comes to
judicial System?
Aside from the judicial power as provided in Article 8, Section 1 of the
1987 Constitution, the Supreme Court has also have the following
powers: (Article 8, Section 5 par. 5)
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
Now, this brings us back to the topic on jurisdiction that once a court
acquires jurisdiction, jurisdiction continues until such time the case
fully terminates.
What are the offenses that fall under the jurisdiction of
Sandiganbayan?
1. Exclusive original jurisdiction in cases involving violations of Anti-
Graft and Corrupt Practices Act and crimes committed by Public
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Officers under RPC where one or more of the accused are officials
occupying the following positions in the Government, whether in a
permanent, acting or interim capacity, at the time of commission of
offense.
2. Violations of Act Declaring Forfeiture in favor of State of Any
Property found to have been unlawfully acquired by any public officer
or employee
3. Violations of law on bribery in all its forms including corruption of
public officers
4. Other offenses or felonies whether simple or complexed, with
other crimes, committed by public officials in relation to their office
5. Civil and criminal cases filed pursuant to and in connection with
executive orders referring to the recovery of the supposed ill-gotten
wealth of the late President Marcos, his family and his associates.
In fact it is very clear in Serana v. Sandiganbayan, Sandiganbayan
has jurisdiction over felonies committed by public officials in relation
to their office.
-As far as the jurisdiction of the Sandiganbayan is concerned, it is not
enough that the public officer is occupying a position of Salary Grade
of 27 in fact even if the official is not occupying a position of Salary
Grade 27, by virtue of the 2nd paragraph of the provision, a case
against that public official is still cognizable under Sandiganbayan in
relation to his office. If the law states that a case is cognizable under
the Sandiganbayan, then even if the public official does not occupy a
position of Salary Grade 27, a case should be filed under
Sandiganbayan. (Serana v. Sandiganbayan)
In fact there is a case relevant to our topic which is that of Senator
Leila Delima. The camp of Senator Leila Delima insisted that being a
senator of the Philippines and definitely she is occupying a position
of salary grade 27 or higher, she should therefore be tried before the
Sandiganbayan. Why is it then that the case was filed in the RTC?
-In Atty Fs perspective: Delima should be tried in the Sandiganbayan.
As the alleged offense was conducted in relation to her office.
Granting arguendo as alleged in the information that she used her
position influencing her subordinates which is definitely in relation to
her office. How could she then influence if she is not in power, diba?
Note: Salary grade alone does not determine jurisdiction of the
Sandiganbayan. The Sandiganbayan also has jurisdiction over other
officers enumerated in PD 1606. While the first part of Sec.4 (a) of
the law covers only officials with salary grade 27 and higher, second
part thereof includes other executive officials whose positions may
not be with the salary grade 27 and higher but who are by express
provisions of the law placed under the jurisdiction of said court.
(Geduspan v. People)
As far as Sandiganbayan is concerned, what is the important
thing you should remember?
-It takes cognizance of cases involving public officers committing
offenses in relation to their public office.
CASES TO READ:
-Sandiganbayan v. Plaza
-Geduspan v. People
-Serana v. Sandiganbayan
What about the jurisdiction of the Family Courts? (Family Courts
have the same level with RTC) What are the cases that fall under
the jurisdiction of Family Courts?
(RA 8369, Section 8)
a. Criminal cases where one or more of the accused is below
18 y/o but not less than 9 or where one or more of the
victims is a minor at the time of commission of offense
b. Petitions for guardianship, custody of children, habeas
corpus
c. Petitions for adoption of children and revocation thereof
d. Complaints for annulment of marriage, declaration of nullity
of marriage and those relating to marital status and
property relations of husband and wife or those living
together
e. Petitions for support and acknowledgment
f. Summary judicial proceedings brought under Family Code
of PH
g. Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
involuntary commitment of children
h. Petitions for constitution of Family Home
i. Cases against minors cognizable under Dangerous Drugs
Act
j. Violations of Special Protection of Children Against Abuse,
Exploitation and Discrimination Act
k. Cases of domestic violence
Do all cases undergo barangay conciliation?
Generally all cases undergo barangay conciliation except:
-where one party is the Government or any subdivision or
instrumentality thereof
-Where one party is public officer or employee and dispute relates to
performance of his official functions
-Offenses punishable by imprisonment exceeding 1 year or fine
exceeding P5000 (IMPORTANT)
-Offenses where there is no private offended party
-Where dispute involves real properties located in different cities or
municipalities
-Disputes involving parties who reside in different barangays, cities or
municipalities
-Other cases which President may determine in the interest of justice
or upon recommendation of Secretary of Justice
6 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
Suppose the case underwent barangay conciliation, what is this
important condition sine qua non before a case may be elevated
to the Court?
-(RA 7160)
Before invoking judicial authority shall be allowed, there must be a
certification (CERTIFICATE TO FILE ACTION) that is issued by the
proper barangay official that judicial intervention may now be availed
of because the desired conciliation or settlement was not reached.
What is the purpose of barangay conciliation?
-So that the parties may be able to settle arguments at the least
expense without any intervention yet from Court.
Enumerate the cases governed by Summary Procedure?
(Sec.1, 1991 Rule on Summary Procedure)
-violations of traffic laws, rules and regulations
-violations of rental law
-BP 22 cases
-Violations of municipal or city ordinances
-all other criminal cases where penalty prescribed by law for offense
charged is imprisonment not exceeding 6 months or fine not
exceeding P1000 or both
-offenses involving damage to property through criminal negligence
where imposable fine does not exceed P10,000
What court takes cognizance of the cases governed by
Summary Procedure?
-Municipal Trial Court
What is the objective of summary procedure?
-The fact that it is called summary procedure. To avoid delays. For
just and speedy disposition of cases.
-FAST, FAIR, and CHEAP.
RULE 110: PROSECUTION OF OFFENSES
INSTITUTION OF CRIMINAL ACTIONS
How are criminal actions instituted?
(Section 1, Rule 110)
Criminal actions are instituted by filing a complaint, instituting a
criminal prosecution however depends upon whether or not offense
is one which requires preliminary investigation.
-For offenses where preliminary investigation is required, criminal
action is instituted by filing a complaint with the proper officer for
the purpose of conducting preliminary investigation. [CASES
COGNIZABLE UNDER RTC]
-For offenses not requiring preliminary investigation, criminal action is
instituted in 2 ways:
*by filing complaint or information directly with Municipal
Trial Court and Municipal Circuit Trial Court
*by filing complaint or information with the Office of
Prosecutor
QUALIFICATION: In Manila and other chartered cities, complaint
shall be filed with the Office of the Prosecutor unless otherwise
provided in their charters.
What happens to a complaint if it happened in (Municipality)
Minglanilla and offense is cognizable with the Municipal Trial
Court, where should you file the complaint as the offended party
or the police officer? What are some qualifications?
The first approach there is to determine whether offense requires
preliminary investigation or not, why? Because if offense requires
preliminary investigation or those offenses with penalty of at least 4
years 2 months and 1 day, then it should be filed under Public
Prosecutor for purposes of preliminary investigation. However, if it is
an offense cognizable by the Municipal Trial Court and the penalty is
below 4 years 2 months and 1 day then it can be filed directly with
the Municipal Trial Court.
Take note with 4 years 2 months and 1 day penalty: definitely as a
rule, when it involves jurisdiction of the Municipal Trial Court there is
no preliminary investigation required however, even if jurisdiction
is conferred with the Municipal Trial Court as long as the
penalty involved is at least 4 years 2 months and 1 day, the
applicable rule should be that it must be filed before the Public
Prosecutor, no direct filing with Metropolitan Courts. Why? Because
the penalty involved becomes material for purposes of preliminary
investigation.
Below the penalty, then offended can proceed directly to file
complaint with the Municipal Court unless if it involves Metropolitan
Courts or Courts of Chartered Cities.
SIMPLIFIED:
GR:
Classify whether offense needs PI, if needs PI, then file with proper
officer for conducting PI but if offense does not need PI, file directly
with Municipal Trial Court and Municipal Circuit Trial Court.
E:
Although offense may be under jurisdiction of MTC as long as
penalty involved is at least 4 years 2 months and 1 day, applicable
rule should be that it shall be filed before Public Prosecutor as it is
cognizable already under RTC
EE:
If below the penalty of 4 years 2 months and 1 day then offended
may file directly to MTC UNLESS charters of the said chartered cities
provides.
7 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
FOR EMPHASIS: There is no direct filing in cases that fall under
the jurisdiction of the Regional Trial Court and the Metropolitan
Manila Trial Court and other Chartered Cities because it has still
to be processed through the Public Prosecutor.
Prior to the institution of complaint what is important when it
comes to application of criminal procedure? What will set in
motion the criminal procedure?
The commission of the crime, reporting to police authorities that
crime has been committed, and the investigation process.
What is a complaint?
It is a written sworn statement charging a person with offense,
subscribed by offended party, any peace officer, or other public
officer charged with enforcement of law violated. (Section 3, Rule
110)
Can a police officer file a complaint before the public
prosecutors office or is it strictly only the offended party?
Yes, the public prosecutor can file a complaint as succinctly provided
under Section 3, Rule 110, subscribed by any peace officer
Is it necessary for police officers to investigate all criminal
offenses?
No, as it is provided for by law that the offended party may directly
file with the Office of the Prosecutor in order to institute a complaint.
Suppose a crime was committed within the territorial
jurisdiction of Cebu City, can the offended party initiate a
criminal complaint directly with the Public Prosecutor? Or
should he first undergo police investigation process?
Yes.
Can a regional director, for example the director of DENR or the
forest marshals of DENR initiate a criminal complaint before the
Public Prosecutors office against offender for violation of the
environmental law?
Yes, as per provided under Section 3, Rule 110, subscribed by
other public officer charged with enforcement of law violated.
What is the effect of filing a criminal complaint in the Public
Prosecutors office or with Court?
Aside from initiating the case, it interrupts the running of the
prescription period of the offense charged unless otherwise provided
by law.
*Even filing criminal complaint in Office of Ombudsman effectively
interrupts running of prescriptive period. The prevailing rule therefore,
that irrespective whether offense charged is punishable by RPC or by
special law, it is the filing of complaint or information in Office of
Public Prosecutor for purposes of preliminary investigation that
interrupts the period of prescription.
What is prescription period of an offense? [PRESCRIPTION OF
CRIME NOT PRESCRIPTION OF PENALTY]
It is the forfeiture or loss of the right of State to prosecute the
offender after the lapse of certain time. (Article 89, Book 1, RPC)
What is the purpose of providing a prescription period of
instituting a criminal action?
To make sure that the State does not abuse its right to prosecute
alleged offenders. State is at no liberty to file cases at any given time
under its whims and caprices.
Cases to read:
-Sanrio Company Limited v. Lim
-Zaldivia v. Reyes
Question: Regarding jurisdiction, the place where crime is
committed alleged in the complaint however, during trial it was
found that crime was committed in different place instead, what
happens to the case? Will it be dismissed?
No. As long as it is within the territorial jurisdiction of the Court then
Court which acquires first jurisdiction can take cognizance all
throughout the proceeding until the termination of the case as long as
jurisdiction is not an essential element of the crime.
Question: When the Court loses jurisdiction over the case, the
decisions made and the proceedings becomes null and void,
will the case be automatically dismissed?
The Court cannot dismiss motu proprio. Remember, you have
motion to quash under Rule 100. The Court cannot in its own
instance outrightly dismiss there must be a proper motion filed by the
accused. However, despite the finding out of no jurisdiction over the
case and Court proceeded with case and accused did not do
anything, then accused is therefore estopped in questioning the
jurisdiction. (See: Rule 117, Rules of Criminal Procedure)
What is an information?
It is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the Court. (Section 4,
Rule 110)
Note: Filed with Court should be highlighted because even if the
information or complaint is already signed by the Prosecutor but was
8 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

not filed in court the information or complaint remains to be a written should be convicted of what was been proven under the information
accusation. and not the title.

What is the distinction between a complaint and information? Another example, in the title is murder but what was alleged was that
there was no qualifying circumstance which would qualify killing to
SIMILARITIES OF DIFFERENCES BETWEEN COMPLAINT murder then definitely, accused cannot be convicted by murder but
COMPLAINT AND INFORMATION can only be convicted with at least homicide because it is essential
INFORMATION
that both the qualifying and aggravating circumstances must be
COMPLAINT INFORMATION
alleged in the complaint or information to fulfill the due process
-Subscribed by the requirement.
offended party, any -Subscribed by the
peace officer, or Prosecutor Why is it important to allege the qualifying and aggravating
other public officer circumstances in the information?
charged with the
enforcement of the To implement the constitutional right of the accused to be informed of
Both are written law violated the nature of the offense he allegedly committed.
complaints
-Sworn by the -Need not be under Regarding the designation of the place and the time of the
person who oath since commission of the offense, do we have to allege these in the
subscribed for it Prosecuting Officer complaint or information?
filing it is already
acting under his oath It is not necessary to state in the complaint or information the place
of office
and time of the commission of the offense unless, the said particular
place or said particular time is an essential or a material ingredient of
When is a complaint sufficient? the offense charged. (Secs. 10 and 11, Rule 110) Hence you can
merely allege the place and time in general terms.
(Section 6, Rule 110) A complaint is sufficient if it states:
Examples where place is important: violation of domicile and
-name of accused trespass to dwelling.
-designation of offenses given by statute
-acts or omissions complained of as constituting offense Examples where time is important: infanticide, abortion, bigamy
-name of offended party
*When it comes to the date of the commission of the crime as to
-approximate date of commission of offense
changing it, if there is great disparity as to date between the original
-place where offense was committed
and the one that will placed in its stead, then such change pertains to
a substantial one and not merely a formal one. Thus will violate right
Do you need to cite the specific provision of law in order that
of accused to due process.
the complaint is sufficient in form and substance? For example,
the crime committed was homicide; do you actually need to cite Is it necessary that the name of the offended party be alleged in
that the crime committed was homicide? the information?
Yes in order to correctly accuse the offender of the crime he Yes, the complaint or information must state the name and surname
committed. Although a succeeding section under Rule 110 is the of person against whom or against whose property the offense was
designation of proper offense, such designation of offense is not committed, or any appellation or nickname by which such person has
controlling as to sufficiency of the complaint as it is the allegations in been or is known (Section 12, Rule 110)
the complaint or information which is controlling. In fact, when there
is conflict between the title or nomenclature of crime and the Also, a complaint or information is deemed sufficient if it states the
allegations stated in the information, the allegations should be the name of the offended party along with other things necessary to be
controlling factor. Why? It is in the allegations which will determine stated as provided under Section 6, Rule 110.
the jurisdiction of the court and the specific crime committed not the
title. Titles are weak indicators, thus it is the body. What happens when offended partys name is unknown in
offenses against property?
Even if the case is homicide but what was alleged is not homicide,
but reckless imprudence and what was indeed proven during trial Property must be described with such particularity as to properly
was reckless imprudence resulting to homicide then the accused identify the offense charged.
9 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

Control of Prosecution Control of Court

Before the filing of case in court, After the filing of case in Court,
PROSECUTION OF CRIMINAL ACTIONS Prosecution has control over: Court has control over the:
what to file, whom to prosecute, suspension of arraignment,
Who must prosecute criminal actions? whether to conduct reinvestigation, prosecution by
reinvestigation. prosecutor, dismissal or
All criminal actions either commenced by a complaint or information -Right to prosecute vests the withdrawal of case, downgrading
shall be prosecuted under the direction and control of public prosecutor with wide range of of offense or dropping of
prosecutor. (Section 5, Rule 110) discretion of whether, what and accused even before the plea,
whom to charge, exercise of and review of Secretarys
Why is it that it is the public prosecutor who is given the which depends on variety of recommendation and reject if
factors. there is grave abuse of
mandate to prosecute criminal actions and not private offended
discretion.
party nor the police? -Court has the sole discretion
As the public prosecutor represents People of the Philippines and as to the outcome of the case
since a criminal offense is considered an outrage against the as it already assumed
sovereignty of the State. jurisdiction over the case

What does control of the public prosecutor encompass?

- determine whether probable cause exists
- decide which conflicting testimonies should be believed
free from interference or control of offended party
- subject only to the right against self-incrimination,
determine which witnesses to present in Court
- has a wide range of discretion of whether, what and whom
to charge, exercise of which depends on factors which are
best appreciated by Prosecutors
- as well as the manner the prosecution should be
conducted
What do you understand with private crime and public crime?
The vital and essential distinction between public and private crimes
was the control which in private crimes the injured person had over
the criminal liability and responsibility of the offending person.
Private crimes cannot be prosecuted except upon complaint filed by
aggrieved party. This is to give deference to the offended party who
may prefer not to file case instead of going through a scandal of
public trial. Public crimes however are those crimes committed
against the public that upon the commission of the said crime,
offender outraged the sovereignty of the State.
Private crimes: adultery and concubinage
Public crimes: murder, robbery, crimes against persons
What about control of the Court? Does the Court have a certain
control over the criminal case filed in the particular court?
Differentiate control of Prosecution and control of Court.
Yes, once the case is filed in Court the Court acquires jurisdiction
over the said case until its termination.
Can a private prosecutor be given the task to prosecute criminal
cases?
Yes, a private prosecutor may prosecute criminal actions in case of 1)
heavy workload schedule of public prosecutor or 2) in the event of
lack of public prosecutors by authorization in writing by the Chief
Office Prosecutor or Regional State Prosecutor. (Section 5, Rule 110)
Can the authority given to a private prosecutor to prosecute a
criminal case be withdrawn anytime?
Yes, although the private prosecutor is authorized to prosecute
criminal cases and such authority continues until the end of trial,
such authority may be revoked or withdrawn or by actual intervention
by the Public Prosecutor.
Remember even with that written authority, anytime that the
Prosecutor believes that he should takeover then that authority may
be removed at any time because after all, institution of criminal
actions is under the control of the public prosecutor as crimes are
deemed committed as social injury against the State the public
prosecutor acting as representative of State has the general power
as to institutions of criminal actions. Such authority given to private
prosecutor merely serves as an exemption to the rule that it is the
Public Prosecutor who institutes criminal actions.
[!!!] The police officer can subscribe a criminal complaint, yes or
no?
Yes.
What about the offended party?
Yes.
10 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
Will you agree with me that even if the offended party does not
execute an affidavit, the police officer can proceed as to the
filing of the complaint with the public prosecutors office or
directly with the Court as the case may be?
Yes, as succinctly provided under Section 3, Rule 110 a complaint
may be subscribed by the offended party, any peace officer, or other
public officer charged with the enforcement of law violated. Therefore,
the police officer being one of those enumerated who may subscribe
a complaint may very well proceed to the filing of complaint even
without the offended party executing an affidavit.
Is there no distinction as to such rule that the police officer may
proceed with the filing of complaint in relation to the type of
crime committed?
Yes there is. As to private crimes, a complaint shall only be
prosecuted by the offended party as it cannot be prosecuted de
officio. As to public crimes, a complaint may be prosecuted by the
Public Prosecutor even without the execution of affidavit by the
offended party.
Why is there such distinction?
Because as to private crimes the injury is personal to the offended
party while in public crimes, injury is for the whole sovereign.
Will you agree with me that the filing of an affidavit complaint by
the so-called offended party is a jurisdictional requisite in the
sense that it is necessary that the offended party should file
herself/himself the affidavit complaint?
It depends upon the crime committed.
What are the instances to describe control of the Court once the
information is already filed in Court?
After the filing of case in Court, Court has control over the:
suspension of arraignment, reinvestigation, prosecution by
prosecutor, dismissal or withdrawal of case, downgrading of offense
or dropping of accused even before the plea, and review of
Secretarys recommendation and reject if there is grave abuse of
discretion.
Once a case has already been filed in Court, the Court acquires the
sole discretion on what to do with the case.
Suppose the public prosecutor moved to withdraw the
information is the judge bound by that motion of the public
prosecutor?
No, since the control of prosecution has already ended upon the filing
of the complaint hence, upon the filing of the complaint or the
information the Court already acquires jurisdiction over the case,
therefore, the Court cannot be bound by the motion of withdrawal by
the public prosecutor.
As the prosecution, can you not tell the judge to accept the
motion?
No. Once the complaint or information is filed in Court, although he
does not lose the power to prosecute but all motions should
already be addressed to Court as the Court has already the sole
discretion on what to do with the case to grant or not to grant. This
does not mean however that it diminishes the power of the
Prosecutor to prosecute.
What determines the jurisdiction of the Court: the designation of
the offense, the nomenclature or the recital of the facts as
alleged in the information?
It is the recital of the facts as alleged in the information.
Suppose there is a conflict between the title and as alleged in
the information, which should prevail?
The allegations in the information should prevail.
As public prosecutor, you are bound as to what?
The allegations stated in the information.
How important are the allegations in the information as far as
the accused is concerned?
The allegations state the charges against the accused. It enables the
accused to know the charges against him in response to the due
process clause afforded to accused persons.
Suppose accused was charged with murder but during the trial
the prosecution presented a qualifying circumstance of
treachery, as the Judge will you allow the prosecution to prove
the qualifying circumstance?
No, the qualifying and aggravating circumstances should be alleged
in the complaint. This will allow violations to right of due process of
the accused.
For example the title is homicide but the body, the recital of
facts, indicates that the accused committed the crime of murder
and that after the arraignment the public prosecutor sends that
there is a mistake in the title and merely erases homicide and
replaces it with murder. Will it amount to a substantial
amendment? No, as the change done was merely formal because
between the title and the allegations, the allegations are controlling.
*Allegations show what offense is charged against accused and that
it determines the jurisdiction of the Court.
11 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
Take note of case: Pp v. Feliciano, Jr.:
The test of sufficiency of Information is whether it enables a person of
common understanding to know the charge against him, and the court to
render judgment properly. The purpose is to allow the accused to fully
prepare for his defense, precluding surprises during the trial.
It should be remembered that every aggravating circumstance being
alleged must be stated in the information. Failure to state an aggravating
circumstance, even if duly proven at trial, will not be appreciated as such.
It was, therefore, incumbent on the prosecution to state the aggravating
circumstance of "wearing masks and/or other forms of disguise" in the
information in order for all the evidence, introduced to that effect, to be
admissible by the trial court.
What is the rule on duplicity of offenses?
There must only be one offense charged in the complaint or
information except when law prescribes a single punishment for
various offenses. (Section 13, Rule 110)
What is the rationale behind non-duplicity of offenses?
- The right of the accused to due process which is to be
informed of the charges as well as the nature of the offense
against him also plays a great role.
- Also, for the accused to properly prepare for his defense
and prevent surprises
When is there duplicity of offenses? When do you consider a
complaint or information to be duplicitous?
The complaint or information is duplicitous if it charges two or more
different or distinct offenses such that the accused cannot be
apprised of his right to be informed.
Can this rule on non-duplicity of offenses be waived by the
accused? If yes, how will the accused waive it?
Yes, the accused may waive it. He waives his right against non-
duplicity of offenses if he does not timely interpose an objection
through motion to quash before arraignment.
What happens if accused did not file a motion to quash on the
ground of duplicity of offenses in the complaint or information?
If he did not file a motion to quash, the Court may convict him of as
many offenses as are charged and proved, and imposed on him the
penalty for each offense.
Suppose information charges two or more offenses, the
accused did not object; during the trial, prosecutor only proved
one offense thinking that the rest of the charges follows, as the
Court can you convict the accused of the offenses that were
alleged in the information?
No. Only those offenses that were proven during trial can the Court
convict the accused with.
What happens then to the offenses that were not proven during
trial despite the fact of non-waiver of non-duplicity of offenses?
Although there was failure on the part of the accused to exercise his
right against non-duplicity of offenses, the Court cannot automatically
convict the accused with the offenses merely alleged in the
information. Offenses should be proven against the accused and only
those offenses should the accused be convicted with. Allegation is
not synonymous with proof.
ALLEGATION + PROOF= JUDGMENT
*Take note: Section 3, Rule 120
What is the remedy of the accused once a complaint or
information is duplicitous?
To file a motion to quash on the ground of duplicity of offenses.
EXCEPTION TO THE RULE AGAINST DUPLICITY
A complaint or information may contain two or more offenses when
law prescribes single punishment for various offenses as those in
complex and compound crimes treated under Article 48 of RPC
Article 48, RPC: When a single act constitutes two or
more grave or less grave felonies (compound crime), or
when offense is a necessary means for committing the
other (complex crime), the penalty for the most serious
crime shall be imposed.
1) Single Act constitutes two or more grave or less grave
felonies [Penalty for the most serious offense shall be
applied in its maximum]
Example: Boang nihagis ug Granada naay namatay naay
nasamad and wound was mortal. You are the public
prosecutor; your charge will be murder with multiple
attempted murders. Why cant you separate the charges?
What is the reason for the said charge? Because there was
only one act, a single act committed of throwing a grenade.
Now, does this violate duplicity of offenses? Remember:
murder should be treated separately with attempted murder
as one is consummated while the other is still in attempted
stage.
No, it does not violate rule against duplicity of offenses as
the law provides a single punishment for various offenses
such as those in Article 48 thats why as prosecutor, you
can allege it in one information.
12 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
2) Offense is necessary means for committing the other
[Penalty for the most serious offense shall be applied in its
maximum]
-The accused cannot commit the other crime if he will not
perform this particular act. (two offenses then)
Example: Forcible abduction with rape; the accused cannot
of course perpetrate rape without first forcibly abducting
victim. So, to consummate crime of rape, he first has to
forcibly abduct the girl. How many crimes are then
committed? TWO: One for forcible abduction and the other
for rape.
3) Compound crime
How do you describe compound crime? In substance, it is made up
of two or more crimes like robbery with homicide but in the eyes of
the law there is only one crime committed.
What happens then to the crime on homicide? Homicide should not
be treated as separate offense. Homicide as well is not deemed to be
absorbed. As long was homicide was committed on the occasion by
reason of robbery bisan pa mag-una ang homicide sa pag-allege.
However, if homicide was a mere afterthought? Then homicide then
shall be treated separately.
Another example, kidnapping with homicide. If we go by the rule they
should be treated differently but why can they be lobbed in one
information? Because homicide here characterizes the violence that
is employed while in the course of kidnapping. However, if the one
who is dead is another person other than the victim then you shall
have two informations.
Other examples would be kidnapping with intentional mutilation,
kidnapping with rape, arson with murder, malversation through
falsification of documents. All of these are under one information.
(Bottomline is: know the criminal intent of offender)
4) Delito Continuado
You should bear in mind that it is allowed under one information as a
point to remember. There is only one criminal impulse but there are
several acts committed. What is delito continuado? It is a series of
acts arising from only one criminal impulse.
Example: Pp v. De Leon (theft of roosters), Santiago v. Garchitorena
(Miriam Defensor case)
AMENDMENT OR SUBSTITUTION OF COMPLAINT OR
INFORMATION
What is an amendment? (Section 14, Rule 110)
An amendment is the correction or alteration of an error or an
omission in a complaint or an information.
What degree of change is necessary to consider it as an
amendment? Amendment may be as to what:
There are two classes of amendment:
1) Formal Amendment , 2) Substantial Amendment
What is a formal amendment?
An amendment is considered to be formal when such change does
not change the nature of the crime alleged therein or does not in any
way affect the essence of the offense, and cause surprise.
~Why, what happens if there is a change of allegation, will that be
allowed? Then it will be deemed as substantial amendment and will
be detrimental to the rights of the accused.
Cite an example regarding formal amendment.
- Changes to dates which are not in great disparity as to
original allegation of date from changed one.
- Allegations which relate only to range of penalty that court
might impose
- Amendments that do not adversely affect any substantial
right of accused
What is a substantial amendment?
If the change alters the basis of the charge in information that may
result in prejudicing the accused. This amendment shall not be
allowed during trial where accused has already made his plea.
Example: Change in theory of case
When is amendment allowed?
Amendment must be done before entering plea, such amendments
may be in formal or substantial without the need for leave of court.
However, there are instances where amendments may still be
allowed even after accused enters his plea and during trial. The kind
of amendment to be made shall only be formal as it may prejudice
the rights of accused and must be made under two conditions:
- Leave of court must be secured
- Amendment does not cause prejudice to rights of the
accused
Exemption to the exemption is substantial amendment may be made
even after arraignment as long as it is beneficial to the accused.
13 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL
What is the relevance of leave of court as to amendment?
If amendment is made before accused enters his plea, complaint or
information may be amendment in form or in substance without need
for leave of Court however, leave of court may be required even if
amendment is made before plea if:
- Amendment downgrades nature of offense charged
- Amendment excludes any accused from complaint or
information
Is amendment after arraignment a matter of right or not?
No, its not a matter of right anymore thats why you leave of Court.
What is substitution?
Involves substantial change.
A complaint or information may be substituted if at any time before
judgment, it appears that a mistake has been made in charging
proper offense, and accused cannot be convicted of offense charged
or of any other offense necessarily included therein, provided that he
will not be placed in double jeopardy.
Take note: Pacoy v. Cajigal
(case is about changing of homicide to murder, killing of police
officer)
Distinction between amendment and substitution:
It may accordingly be posited that both
amendment and substitution of the information
may be made before or after the defendant
pleads, but they differ in the following respects:
1. Amendment may involve either
formal or substantial changes, while substitution
necessarily involves a substantial change from
the original charge;
2. Amendment before plea has been
entered can be effected without leave of court,
but substitution of information must be with leave
of court as the original information has to be
dismissed;
3. Where the amendment is only as to
form, there is no need for another preliminary
investigation and the retaking of the plea of the
accused; in substitution of information, another
preliminary investigation is entailed and the
accused has to plead anew to the new
information; and
4. An amended information refers to
the same offense charged in the original
information or to an offense which necessarily
includes or is necessarily included 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. On the
other hand, substitution requires or presupposes
that the new information involves a different
offense which does not include or is not
necessarily included in the original charge, hence
the accused cannot claim double jeopardy.
In determining, therefore, whether
there should be an amendment under the first
paragraph of Section 14, Rule 110, or a
substitution of information under the second
paragraph thereof, the rule is that where the
second information involves the same offense, or
an offense which necessarily includes or is
necessarily included in the first information, an
amendment of the information is
sufficient; otherwise, where the new information
charges an offense which is distinct and different
from that initially charged, a substitution is in
order.
In the present case, the change of the offense charged from
Homicide to Murder is merely a formal amendment and not a
substantial amendment or a substitution as defined in Teehankee.
While the amended Information was for Murder, a reading of the
Information shows that the only change made was in the caption of
the case; and in the opening paragraph or preamble of the
Information, with the crossing out of word Homicide and its
replacement by the word Murder. There was no change in the recital
of facts constituting the offense charged or in the determination of the
jurisdiction of the court.
Take note: Teehankee v. Madayag
On July 19, 1991 an information for the crime of frustrated
murder was filed against Claudio Teehankee Jr. allegedly committed
to Maureen Navarro Hultman.
After the prosecution had rested its case, the petitioner
moved for leave to file a demurrer to evidence, but before the motion
was filed, the victim died. So, the private prosecutor filed an omnibus
motion for leave of court to file the amended information. The
amended information filed on October 31, 1991 charges Teehankee
of murder.
14 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

The trial court admitted the amended information. During
the arraignment, the petitioner refused to be arraigned on the
amended information contending the lack of a preliminary
investigation thereon. The judge, then, ordered the plea of "not guilty"
be entered for petitioner. The prosecution was ordered to present its
evidence. The petitioner's counsel manifested that he did not want to
take part in the proceedings because of the legal issue raised. So,
the trial court appointed a counsel de officio to represent the
petitioner.
The petitioner now seeks, among other things, for the SC
to nullify the respondent judge's admittance of the amended
information, and to compel the judge to order preliminary
investigation of the crime charged in the amended information.
substantial right of the accused, such as his right to invoke
prescription.
Going now to the case at bar, it is evident that frustrated
murder is but a stage in the execution of the crime of murder, hence
the former is necessarily included in the latter. It is indispensable that
the essential element of intent to kill, as well as qualifying
circumstances such as treachery or evident premeditation, be
alleged in both an information for frustrated murder and for murder,
thereby meaning and proving that the same material allegations are
essential to the sufficiency of the informations filed for both. This is
because, except for the death of the victim, the essential elements of
consummated murder likewise constitute the essential ingredients to
convict herein petitioner for the offense of frustrated murder.

Issue: Whether or not an amended information involving a
substantial amendment, without preliminary investigation, after the
prosecution has rested on the original information, may legally and
validly be admitted.
Held: Yes. Section 14, Rule 110 of the 1985 Rules on Criminal
Procedure provides:
Sec. 14. Amendment. The information or complaint may be
amended, in substance or form, without leave of court, at any time
before the accused pleads; and thereafter and during the trial as to
all matters of form, by leave and at the discretion of the court, when
the same can be done without prejudice to the rights of the accused.
In the present case, therefore, there is an identity of
offenses charged in both the original and the amended information.
What is involved here is not a variance in the nature of different
offenses charged, but only a change in the stage of execution of the
same offense from frustrated to consummated murder. This is being
the case, we hold that an amendment of the original information will
suffice and, consequent thereto, the filing of the amended information
for murder is proper.
Distinction between amendment and substitution
AMENDMENT SUBSTITUTION
-Involve either formal or -Necessarily involves substantial
substantial changes change from original charge

If it appears at any time before judgment that a mistake has -If entered before plea, can be -Must be with leave of Court as
been made in charging the proper offense, the court shall dismiss the effected without leave of court original information has to be
original complaint or information upon the filing of a new one dismissed
charging the proper offense in accordance with Rule 119, Section 11, -If only as to form, there is no -Another PI is entailed and
provided the accused would not be placed thereby in double need for another PI and retaking accused has to plead anew
jeopardy and may also require the witnesses to give bail for their of plea
appearance at the trial.
-Refers to same offense charged -Requires or presupposes that
in original information or to new information involves a
A substantial amendment consists of the recital of facts offense which necessarily different offense which does not
constituting the offense charged and determinative of the jurisdiction includes or is necessarily include or is not necessarily
included in original charge included in original charge;
of the court. All other matters are merely of form. 11 Thus, the hence accused cannot claim
following have been held to be merely formal amendments, viz: (1) double jeopardy.
new allegations which relate only to the range of the penalty that the
court might impose in the event of conviction; 12 (2) an amendment
which does not charge another offense different or distinct from that
charged in the original one; 13 (3) additional allegations which do not
alter the prosecution's theory of the case so as to cause surprise to
the accused and affect the form of defense he has or will assume;
and (4) an amendment which does not adversely affect any
15 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

RULE 111: PROSECUTION OF CIVIL ACTION Death of accused during Civil liability based on crime
appeal shall be extinguished but civil
Is the offended party allowed to intervene in criminal cases? liability based on law,
contract, quasi-contract and
Yes, on the basis of civil liability aspect of the criminal case. Since, quasi-delict will proceed and
may be enforced against
offended party suffered injury as result of offense where civil action
estate or legal representative.
for recovery of civil liability is instituted in criminal action.

Are there instances where offended party is not allowed to What is a prejudicial question?
intervene?
It is one which involves an issue in civil action which was pending
Yes. when the criminal action was instituted. It is based on a fact distinct
and separate from the crime but so intimately connected that it
Is there a possibility that a criminal case has no offended party?
determines the guilt or innocence of accused.
Yes. Examples are espionage, violation of neutrality, flight to
enemys country, crimes against popular representation as well as
perjury.

What is the rule then pertaining to institution of criminal and

civil action? (Section 1, Rule 111)

The general rule is that when a criminal action is instituted, civil

action for recovery of civil liability arising from offense charged under
Article 100 of RPC shall be deemed instituted with the criminal action.

What is the rationale of Section 1, Rule 111?

Article 100 of the Revised Penal Code: Every person criminally liable
for a felony is also civilly liable.

Are there instances where civil action is not deemed instituted

with the criminal action?

In cases in violation of Articles 32, 33, 34, 2176

When is reservation necessary?

When offended party files separate civil action if he doesnt want to

institute it together with the criminal action. Although the rule
provides that when a criminal action is deemed instituted the civil
action for recovery of civil liability is as well deemed instituted with
the criminal action but it doesnt also prevent offended party from
filing a separate and independent civil action arising from the crime
but for this to happen, offended party has to reserve such action as it
is required.

What is the effect upon the death of the accused?

Death of accused before Case shall be dismissed

arraignment
Death of accused after
arraignment and during trial
without prejudice to offended
party filing civil action against
estate or legal representative
of accused
Extinguishes criminal liability
as well as civil liability arising
from said crime but
independent civil actions may
be instituted against estate