CRIMINAL PROCEDURE

PROSECUTION OF
OFFENSE

Rule 110
 INSTITUTION OF CRIMINAL OFFENSE
OFFENSES FOR PRELIMINARY
INVESTIGATION: file the complaint with
the proper officer for the purpose of
conducting PI.

ALL OTHER OFFENSES: file the

complaint or information directly with the
Municipal Trial Courts and Municipal
Circuit Trial Courts or the Office of the
Prosecutor.
 COMPLAINT OR INFORMATION

The complaint or information shall be in

writing, in the name of the People of the
Philippines and against all persons who
appear to be responsible for the offense
involved.
 Complaint or information Definition
 The complaint or information shall be in writing, in
the name of the People of the Philippines and
against all persons who appear to be responsible
for the offense involved
 Complaint — A complaint is a sworn written
statement charging a person with an offense,
subscribed by the offended party, any peace
officer, or other public officer charged with the
enforcement of the law violated
 Information — An information is an accusation in
writing charging a person with an offense,
subscribed by the prosecutor and filed with the
court.
 INSTITUTION OF CRIMINAL ACTION
INTERRUPTS PRESCRIPTIVE PERIOD

GENERAL RULE: the filing of the

complaint for an offense which carries the
penalty of at least 4 years, 2 months and 1
day without regard to a fine, with the office
of the proper officer authorized to conduct
preliminary investigation interrupts the
prescriptive period of the offense charge.
 WHO MUST PROSECUTE THE
CRIMINAL ACTIONS?

ALL criminal action commenced by a complaint

or information shall be prosecuted under the
direction and control of the prosecutor.

IN CASE OF HEAVY OR LACK OR PUBLIC

PROSECUTOR, the private prosecutor may be
authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecution to prosecute the case SUBJECT to
the approval of the court.
 WHO MUST PROSECUTE THE
CRIMINAL ACTIONS?

PRIVATE prosecutor once

authorized, shall continue to
prosecute the case up to the end
even in the absence of the public
prosecutor UNLESS authority is
revoked or otherwise withdrawn.
 WHO MUST PROSECUTE THE
CRIMINAL ACTIONS?

Offenses of abduction, seduction, and, acts of

lasciviousness —shall not be prosecuted
except upon a complaint filed by the offended
party or her parents, grandparents or
guardian.

If the offended party dies or become

incapacitated before she can file a complaint
and has no parents, grandparents or
guardian, the STATE shall initiate in her
behalf.
 WHO MUST PROSECUTE THE CRIMINAL
ACTIONS?

Offended party is a MINOR—has the right to

initiate the prosecution of the offense
independently of her parents, grandparents,
or guardian UNLESS she is incompetent or
incapable of doing so.

The parent, grandparents, or guardian is an

exclusive of all persons and shall be exercise
successively.
 SUFFICIENCY OF COMPLAINT OR
INFORMATION

It must state:
1. The name of the accused;
2. The designation of the offense given by the
statute;
3. The acts or omission complained of as constituting
the offense;
4. The name of the offended party;
5. The approximate date of the commission of the
offense;
6. The place where the offense was committed
 CAUSE OF ACCUSATION

The acts or omissions complained of

as constituting the offense and the
qualifying and aggravating
circumstances must be stated in
ordinary and concise language not
necessarily in the language used in
the statute for the court to pronounce
judgment.
DUPLICITY OF AN OFFENSE

A complaint or information must

charge only one offense EXCEPT
when the law prescribes a single
punishment for a various offenses.
 PROSECUTOR’S 2 FOLD TASK
PROSECUTOR HAS THE CONTROL OF PROSECUTION

1. To prove that the crime has been committed

2. That the accused is the person responsible

therefor.

It must be able to overcome the constitutional

presumption of innocence with evidence
beyond reasonable doubt to justify the
conviction of the accused.
 PROSECUTOR HAS THE CONTROL OF
PROSECUTION

The state is the offended party of a criminal

case.

It must be prosecuted under the control and

guidance of the State through the government
prosecutor.

Acquittal and dismissal: when the private

complainant intends to question the judgment,
APPEAL will be represented by the SOLICITOR
GENERAL only.
 JURISDICTION
2. Venue-or the place where the case is
to be tried, which is jurisdictional in
criminal cases.
Venue of criminal cases is essential
element of jurisdiction, which requires
the action instituted and tried in the
municipality or territory where the
offense has been committed or the
essential ingredients took place.
 JURISDICTION IS DETERMINED

In criminal cases, the complaint or information must

be examined to determined the allegations and not
by the findings of the court may make after the trial.

EXAMPLE:

The prosecution of Kidnapping with murder

alleged that took place in Dapitan City but the
evidence showed that the victim was killed in
Ozamis City, the court of Dapitan City where the
information was filed has the jurisdiction over the
case.
 TYPES OF JURISDICTION

3. JURISDICTION OVER CONTINUING

CRIMES—there should be plurality of the acts
performed separately during the period of tie,
unity of penal provision infringed upon or
violated, and the unity of the intent or purpose
which means that the two or more violations of
the same penal provision are united in one at
the same intent leading to the perpetrator of
the same criminal purpose or aim. (PP vs
Zapata and Bondoc)
 TYPES OF JURISDICTION
TERRITORY OFFENSE

May be tried in any jurisdiction in which he is

found, based upon the ground that there is a new
commission of the same offense in the jurisdiction
where he is found.

The court where the case was first filed acquires

jurisdiction over the same to the exclusion of all
other courts, provided it has first acquired
jurisdiction over his person. Grafton vs US)
COURT JURISDICTION
ON
CRIMINAL CASES
 SUPREME COURT JURISDICTION SUMMARY

1.ORIGINAL JURISDICTION over cases involving ambassadors,

other public ministers, and consuls; petitions for certiorari,
prohibition, mandamus quo warrants and habeas corpus (concurrent
with RTC)

2.REVIEW, REVISE, MODIFY,OR AFFIRM ON APPEAL OR

CERTIORARI, FINAL JUDGMENTS OF LOWER COURTS in cases
which the constitutionality or validity of any treaty, international or
executive agreement, law, decree, proclamation, order, instruction,
ordinance or regulation is in question

3.Cases involving the legality of any tax, impost, assessment, or

tool, or penalty imposed thereto :

A.Cases involving jurisdiction of lower courts

B.All criminal cases in which the penalty is reclusion perpetual or

higher

C.All cases in which only an error or question of law is involved.

CA JURISDICTION SUMMARY

1.ORIGINAL JURISDICTION to issue writs of

mandamus, prohibition, certiorari, habeas
corpus, and quo warrants, and auxiliary writs or
processes, whether or not in aid of its appellate
jurisdiction (concurrent with the SC and RTCs)

2.EXCLUSIVE ORIGINAL JURISDICTION over

actions for annulment of judgment of RTCs.
CA JURISDICTION SUMMARY

3. EXCLUSIVE APPELLATE JURISDICTION

over all final judgments, decisions,
resolutions, orders, or awards of RTCs and
quasi-judicial agencies, bodies or
commissions.

EXCEPT those that fall within the appellate

jurisdiction of the SC namely: COMELEC,
Commission on Audit, Sandiganbayan.
 REGIONAL TRIAL COURT
JURISDICTION SUMMARY
1.EXCLUSIVE ORIGINAL—CRIMINAL CASES:

All criminal cases not within the exclusive jurisdiction

of any court, tribunal, or body EXCEPT those within
the jurisdiction of the Sandiganbayan.

2.Cases where the penalty is imposable (exceeds

4years, 2 months and 1 day)

3.Imprisonment, irrespective of fine (exceeds of

P4000, if only a fine is imposable)
 REGIONAL TRIAL COURT
JURISDICTION SUMMARY

3. APPELLATE JURISDICTION:

A. All cases decided by lower courts (MTCs)

in their respective territorial jurisdictions.

NOTE: no trial de vono, cases are decided

on the basis of decision and supporting
affidavits.
 FAMILY COURT (R.A.
8369) JURISDICTION
SUMMARY
EXCLUSIVE ORIGINAL JURISDICTION:

1.One or more accused is below 18 years of age but not less

than 9 years of age;

2.One or more victims is a minor at the time of the commission

of the offense.

PROVIDED, that the minor is found guilty, the court shall

promulgate sentence and ascertain any civil liability which the
accused may have incurred. The sentence however shall be
suspended without the need of application pursuant to the
“Child and Youth Welfare Act”.
 FAMILY COURT
(R.A.8369)
JURISDICTION
2.Cases against minor cognizable under
SUMMARY
the Dangerous Drug Act, as amended;

3.Violation of R.A. No. 7610, otherwise

known as “Special Protection of Children
Against Child Abuse, Exploitation and
Discrimination Act”, as amended by R.A.
7658 and;
 FAMILY COURT
(R.A.8369)
JURISDICTION
CASES OF DOMESTIC VIOLENCE AGAINST:

A. WOMEN SUMMARY

à Acts of gender based violence that results, or

are likely to result in physical, sexual or
psychological harm or suffering to women; and
other forms of physical abuse such as battering
or threats and coercion which violate a woman's
personhood, integrity and freedom of movement;
AND
 FAMILY COURT (R.A.8369)
JURISDICTION SUMMARY

B. CHILDREN

à Includes the commission of all

forms of abuse, neglect, cruelty,
exploitation, violence, and
discrimination and all other conditions
prejudicial to their development.
 FAMILY COURT
(R.A.8369)
If an act constitutes a criminal offense, the accused
shall be subjectJURISDICTION
to criminal proceedings and the
SUMMARY
corresponding penalties.
If any question involving any of the above matters
should arise as an incident in any case pending in
the regular courts, said incident shall be determined
in that court.
Decisions and orders of the court shall be appealed
in the same manner and subject to the same
conditions as appeals from the ordinary Regional
Trial Courts.
 MUNICIPAL TRIAL
COURT
JURISDICTION
Violations of city or municipal ordinances.

All offenses punishable with not more than 4

years 2 months 1 day imprisonment,
irrespective of fine.

All offenses punishable by only a fine of not

more than P4,000.

Offenses involving damage to property

through criminal negligence.
SANDIGANBAYAN JURISDICTION
SUMMARY

Exclusiv original jurisdiction

e offenses committed in
of
relation to public office.
COURT MARTIAL JURISDICTION

Offenses committed by the

members of the Armed Forces of
the Philippines and other persons
subject to military law, if such
offense are “service connected”are
those expressly enumerated in
R.A. No. 7055 otherwise falls in
regular courts.
 SUMMARY PROCEDURE
MTC

Violation of traffic laws, rules, regulations

Violation of rental laws
Violations of city or municipality ordinances
All other criminal cases where the penalty does not
exceed 6 months or a fine of P1000 or both,
irrespective of other imposable penalties or of the
amount of civil liability
Damage to property through criminal negligence
where the fine does not exceed P10,000.
THANK YOU FOR READING

CHELDHAYE