Anda di halaman 1dari 5

Distinction between complaint and Date of the commission of offense: not

information: complaint must be sworn, necessaryu to state the precise date of the
information requires no oath offense except when date is material element

Why? Prosecutor filing the information is acting What date should be alleged? Date as near as
under oath of his office possible to actual date of its commission

A complaint is subscribed by? Offended party, Is characther of crime determined by caption

peace officer, public officer charged with or preamble or specific provision of law? No.
enforcment of law violated
How is it determined? Recital of the ultimate
Information is subscribed by? Prosecutor facts and circumstances in the information

What confers jurisdiction on court over person What is controlling? The allegation of facts in
of the accused? Valid information signed by a information that compromises a crime and
competent officer adequately describes the nature and cause of
the accusation against accused
Can an infirmity in the information be cured by
silence, acquiescence, or express consent? No. How to state the name of the accused? Name,
surnane, or nickname; if name cannot be
A complaint is deemed sufficient if it contains: ascertained, ficticious name and statement that
name of accused (if more than one, all names), true name is unknown; if later true name is
designation of the offense given by statute, acts disclosed, true name shall be insterted in
or omissions complained of, name of offended complaint
party, approximate date, place where
committed Is mistake in name the same as mistake in
identity? No.
Test for sufficiency of complaint? Crime is
describved in intelligible terms with tsuch How to state name of juridical person? It is
particularity as to apprise the accused with sufficient to state its name or any designation
reasonable certainty of the offense charged by which it is known without need of averring it
is a juridical person
Why? Enable accused to suitably prepare for his
defense Rule if name of offended party is unknown in
offenses against property? Property must be
When to question insufficiency of complaint or described with such particularity as to properly
info? Before arraignment or during trial. (if not,
identify the offense charged
he has waived his right)
Is name of offended party absolutely
Can objection relating to form be made for the indispensable? No. As long as criminal act
first time on appeal? No. charged can be properly identified
What should he have done? Before How to designate offense? Allegations in the
arraignment, bill of particulars or quashal of the information that determine the nature of the
information offense
What is the real question? Did he perform the What is the rule? A variance between the
acts alleged in the body of the information in allegation in the info and the proof adduced
the manner set therein during trial shall be fatal to the criminal case if it
is material and prejudicial to the accused
Does the specific acts of the accused be
described in detail? No. As long as it is Is it important to employ words used in statute
described with sufficient particularity to make alleged to have been violated? No. As long as
sure the accused fully understands what he is ordinary and concise language sufficient to
being charged wiht. That a person of ordinary enable a person of common understanding
intelligence immediately know what it is
What should the accused understand? Offense
Rules in designating the offense: the name being charged, acts or omissions constituting
given to offense by statute, section, or offense, qualifying and aggravating
subsection; acts or ommissions constituting circumstances
offense, qualifying and aggravating
Who bears the burden of proving all the
elements of the crime and qualifying
Does failure to designate offense by statute circumstances? Prosecution.
vitiate information? No, if the facts alleged
How to state the date? Not necessary to state
clearly recite the facts constituting the offense
the precise date except if it is material
Does the qualifying and aggravating
How many offenses may be charged in a
circumstances be stated in every information?
Yes. The accused will not be convicted of the complaint? General rule1, unless the law
offense proved during trial if it was not properly prescribes a single punishment to various
alleged in the information offenses

What if aggravating circumstances are proved What shall the accused do if he is charged with
during course of the trial? Still, courts will not more than 1 offense? Object before trial or else
award exemplary damages it will constitute a waiver

Do the words qualifying or qualified by need to Where shall criminal actions be instituted?
be stated? No. It is not the use of the words but Where the offense was committed; where any
the sepcific allegation of attendant of its essential ingredients occured
circumstance that is essential In written defamation? RTC of place where
Does the specific relationship of parties be article is printed or first published; if Private
individual, RTC where he actually resided at
alleged in the information? Yes. Including the
consaguinty or affinity within the 3rd civil degree time of commission; if Public individual, RTC of
place where he held office at time of
Can an accused be convicted of any offense if it commission
was not charged in the information? No.
What should information allege? The libelous
material was either printed or first published in
the place of filing
Rule if offense committed on train, aircraft, If it does not affect the essence of the offense
vehicle? Instituted and tried where such vehicle or deprive accused of opportunity – It is
passed during trip, including departure & arrival amendment by form

Rule if committed on a vessel? Court of first Is substitution of private complainant

port of entry; territory where vessel passed substantial? No.
during voyage
Formal amendments: new allegations which
Rule if covered by Art 2? Cognizable to court change penalty; does not charge another
where criminal action is first filed offense; additional allegations whcih do not
alter prosectuions theory; does not adversly
How to state the place of the commission of
affect accused rights; adds specifications to
offense? If it can be understood from the
eliminate vagueness
allegations of the complaint or information the
the offense was committed or some of its When may substitution occur? Anytime before
elements within the jurisdiction of the court judgment if there is a mistake in charging the
proper offense
Rules for amendment: If it is made before
accused enters his plea, it may be amended in How is it made? The court shall dismiss original
form or in substance WITHOUT leave of court complaing and a new one will be charged
(provided there is no double jeopardy)
When is leave of court required even if before
plea? Downgrades nature of offense; excludes Substitution v Amendment: A- formal or
any accused from complaint or info substantial changed, S – substantial; A- before
plea, no leave of court needed, S – leave of
Aside from leave of court, what else is court is needed; A - if it is only as to form, no
needed? Motion by prosecutor with notice to prelimenary investigation or retaking of plea
offended party; state its reasons and furnish all needed, S- needed; A- refers to the same
parties offense charged, S- presupposes new
Rules for amendment AFTER plea of accused: information involves different offense
formal amendment may only be made under 2 Rule of Substitution or Amendment: If second
conditions – leave of court must be secured; info involves same offense, an amendment is
amendment does not prejudice accused sufficient. If new info is distinct and different,
Is amendment in substance allowed? Not at Substitution is needed
this stage When is civil action be deemed instituted?
Test as to whether amendment is formal or When the criminal action is instituted
substantial: prejudiced by amendment is – What is it for? Recovery of civil liability arising
whether a defense under the information as it
from the offense charged
originally stood would be available after; any
evidence defendant might have would be
equally applicable to the info in the one form as
in the other
Every person criminally liable is also civilly Consequences of independent civil action?
liable except.. No actual damages result from Shall proceed independently, quantum of
offense (espionage, violation of neutratlity, evidence is preponderance, right to bring action
flight to enemy country, crime against popular is based on Civil code, waiver does not
representation) extinguish right, even if filed separately,
criminal prosecution remains and he may still
Reasons on why instituted together? A intervene
separate one would be more costly,
burdensome, time consuming, and will further When is reservation of civil action made?
delayu the final disposition of cases Before prosecution present evidence

Exceptions to civil action deemed instituted: Is there reservation of civil action for BP22?
waives civil action; reserves right to institute it No.
separately; files civil action prior to criminal
What happens here? The offended party shall
Do the same rules apply before the filing of the pay in full the filing fees based on the amount
criminal action? No. of the check invlolved. This amount will be
considered as the actual damages claimed
Purpose of criminal and civil actions? Criminal
action – to deter him and others from In BP 22, what waiver is allowed? Waiver of
committing the same or similar offense, isolate civil action and institution of civil action prior to
him from society, reform and rehabilitate him, criminal complaint
maintain social order; Civil – resolution
reparation, indemnification of private offended Why the rule? Ordinarily, no filing fee is
party fo rdamage or injury sustained by reason charged for criminal cases for actual damages
so payee uses intimidating effect of criminal
of felonius act
charge. The inclusion of civil action lowes the
Why does judgment in criminal action includes nuymber of cases filed and expedidtes
the civil liability? Since it is deemed instituted disposition of cases
After civil criminal action is commenced –
Real parties in interest in Civil action? separate civil action cannaot be instituted until
Offended party and accused final judgement

What civil actions are deemed instituted with If civil action is reserved to be filed – it cannot
criminal? Only those arising from the crime be filed until final judgement
If civil action filed first – it will be suspeneded
Legal basis for independent civil liabilities? until final judgement
Article 32, 33, 34 and Article 2177 (Quasi-delict)
Remedy to avoid delay – consolidation of cases
What happens to evidence already adduced? Effect of novation? Does not extinguish criminal
Shall be deemed automatically reproduced in liability
criminal action without prejudice to right of
cross examination Why? It is apublic offense which must be
prosecuted and punished by the government on
Prescription of civil action? Suspended during its own motion .000
pendency of criminal action

When is there no need to reserve the right to

file the civil action separately? If it is a violation
of Article 32, 33, 34, and 2176

Are these actions suspended by

commencement of criminal actions? No.

May a court enterain counter, cross, or third

party claims in a criminal action? No. The law is
clear – Rule 111 Rules of Court

Rules on filing fees: no filing fees required for

actual damages(except BP22 and estafa); filing
fees shall be paid by offended party upon filing
of criminal action in court

How is civil liability enforeced? Moral, nominal,

temperate, exemplary damages

Effect of deat of accused: if dies after

arraignment and during pendency of criminal
case – civil liability is extinguished but
independent civil actions may be continued
against estae or legal representative; if before
arraignment – case shall be dismissed byt
offended party may file civil action against

PRIOR to jugement – criminal liability and

DIRECT civil liability extinguished

Death during pendency of appeal with SC –

extingueshes criminal liability and DIRECT civil
liability Why? No final judgment of conviction
was rendered upon death