an Beda College of Lato Lee ML ae: SCIURCES, 4. Rules 110-127 of ine Revined Rules of Court, 2, 1987 Constitution. particulerly those uncer Rights of en ezcused under Article Ill (Bill of 3. Various acts pat BP, Big. 127; 4. Prosidential Docraes; 5. Executive Orders; 8. Decisions of the Supreme Court, CRIMINAL PROCEDURE 1s the method priseribed by law for the apprahonsion end Prosecution of persons accused of any eririnal offansa, and for their prnihment, in case of conviction, id by the leglslatere the Tie loan not Iceni Hwee Santas he the procedural ‘cdmialstration of criminal Justice, that Is, taws and court rules governing arrest, ssarch and seizure, bail semagament seten end sees Se SUN eee Cua) acre ale : W declares what tate 8. punishablo, defines crimes, treats|it” provides for the: fo! tele nature ard] method by which a Provides for ir|person accused of a| punishmunt. forlme Is arrested, tried| Jor punish, ‘SYSTEMS OF CRIMINAL PROCEDURE 1. inquisitorial sy'stem = the desecton and rosocution of crimes are left to the intilalive of offciais ard agents of the law The procedure Is churacterlzed by eesecy and ‘extcutive Commairrer, ene nnn MEMORY AID IN RELEDIAL LAW] 287 Lure | PRC ees the Judge Js not timtted to the ovidence ‘brought before him but could grocoed with lis ‘own Inquiry which is not contrentive. 2 Accusctorial systom = tho accusation is exercised Ly every citzen, The procedure is confrontive ane the Gial is publicly hald and enas. with the magistrate rendering the verdlot 3. Mixed System, It is @ combination of the inguistcral'and tie accusatoriel aystom, it characterizes the “errihial procedure ‘observed in the Philippines, CRIMINAL JURISDICTION Is the authortty ‘to hear and try @ partkular offense and impose the punishment Yor be Paoplow Nene, Ge noes 40027, Juno 90,1978) RT ce Re Ses eh eat uc REM Ee (ome tn at set Pelt as ee [ENBERT CAL ABUGAN overal char and chale academics operclos, MAW"OLD ADEL SANTOS chaly hol Operations, GRACE SARAH TRA vice ‘halrfor operations 1UAN CARLES NUESTRO Ve chair for academies, MAE R IGEUE ETANG vice cha fr ten tral KISTNE ANNABELLE POS, wer eh lr ance IRENE TINA SEDTA vce chat fer e€p, A-EIELLO CON CON ven chal fore sles REMEDIAL LAW ADK MOWED SALONGAB subject cha aEAeW BueHSUCESE wahtentsubeet AAPHAEL LEANDRO ONOPOL chil roeadure, NARCISA MEDINA c idence ANNABELLE DONATO ee, COWARD GIALOGD and GDN JOSEP) TAMARES crn! pruodure, ADRTAN MAURO tpetal rocteding, IRISH TOB'ANO speci cl avons, PAULA MAE LAUREAWO wpe lows eons: i Pa Abano, Femare Amor, Paul Oartameda, Pod Belass tne Cho, denedita isin Lansang, Olver Uribe, Chat Mulla Castes Navara, Mary lane Prat, An Francs Saliba, Aaron Mac Salado, Marla Nina Sung, Banal yt, Antony Vile, fh Vilna, Jose Vite, eonaide Belt, Cee oval Bran Ducts Rana Bela Cmrgut, Nv Kamil Eset, yin Flore, ery. Gascon, lela oye, Morte Ks Wodrga, Op ‘eyes, Frets Yavers Reyrante, John Sagobsen, Mayan Saldamer, Jean Winneth Samira inde Tor ngco, Forence Toler, Fel Torres, Yen Ut, ian Relea UY, ion Mende, Pecnond ult iter, Ang! Calg, Sram Ceolee. Mala Kain Chavex 0h Malvog, Udoy Mint, Olver Mikséor, Waarnmad Na188 |2009 CENTRALIZED BAK OPERATIONS REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION 1. durisdicJon over the subject matter - The offense, by virtue of tha Imposabie penalty oF hts nature, Is o.1e whlch the court. ts by low authorized tc take cognizance of. 2, Jurisdiction over the terttory + The offense must have been commitea or finy of ito essential ingredients took place within the tertovial Jurisdiction of the court. cannot be walved and whore tha piece of the commission was not specifically charged, tho placo may bo shown by evidence, 3, Jurisdiction over the person of the aucused ~ The person charged with the offense must have ‘been brought to ite presonce for trin\, forcibly by warrant of arrest. or upon his ‘voluntary stibmission to the court Note: The general rule Is that the question of Iurisdiction may be raised at any siage of the proceedings. The exception Is where there has boen estoppat and laches on the oarty who ralses the question. (Paople vs. Munar, G:R, No. L- 97642, October 22, 1973) DETERMINATION oF SURISDICTION 4." Determined by the allegatiors in ° the omplatnt or information not by the resuits of roof or by the tral cour’s appreciation of tie evidence presented, Determined by the natura of the offense andlor pencity attached thareto ard rot whol ‘may bo mated out aftr tril. Determined by the law In force at the tine of the institution of the criminal ection and not 3 + the timo of s commission, ONCE VESTED, IT CANNO™ 8E WITHDRAWN BY: 8, subsequent valid amendment of thu +” information. (Paople. vs. Chupeco, G.? ‘Ne, 19568, Mor, 31, 1964) or b, subsequent statutory amendment of tho ules of jurisdiction UNLESS sho amendatory” low expressly provides clherwise ‘or is construad that hi {tended to operate to actions pondiny before its amendment, In which case, te court where the action Is. pending ie ousted of Jurediaton and tho pond'ng clon will have io be transferred to tho court having jurisdiction by virtua: ct the amendatory iow. (Binay vs CRIMINAL, Sondiganbayan, GR. No. 120041, Octotvro1, 1999) JURISDICTION BASED ON FENALTY IMPOSED The RTC has jurledietion over tfeusen unishablo by imprisonment exceeding 6 years The MTC has jutadltlon’ over _offens unstable’ by Imprlichmant for a perlod of 6 years and lass. JURISDICTION WHERE: FINE 18 THE ONLY PENALTY : Tho RTC has jurisdiction wheru the fing la more than 4,000 pesos excepl in cases of eminel nacligence involving damage to property which falls under the exclusive orginal jurisdiction of tha MTC. The MTC has Junsdlction where the fine is 4,00C pesos or less JURISDICTION OVER COMPLEX CRIMES Surlsciction over the whole complex crime ie lodard with the trial cout having jurtediction to impose the maxinium: and mdst serlous penal imposablu of an offénse forming, part of. the complex cr'me. It must be prosecuted integrally and must not be divided into component offenses which may be mace subjoct of mutlple infornetion brought In diferent courts. (Cuyos vs Garcia, €.R. No, L-46934, April 15, 1986) ° JULISDISTION OVER CONTINUOUS GRIMES Cortinuing offenses ere consummated in ont place, yal by the nature of the offense, the Violation of the low te deemed continuing (eu. estafa and ibal). As utch, the courts of thi terrterisy where the essontal ingredients of tho serimo took. place have concurrent jurisdiction, But the «court vihich frst acquis Jurisdletion exclude the other courts, , JURISDICTION OVER GRIMES PUNISHABLIE BY DESTIERRO Whirs the Imposnble pandity Is destlemo, the case fails within tha exclusive Jurisdiction of the Municipal Trial Court, considering that In the Nerarechy pvised rw ie “have Jurisdiction pspective cf the kind eco __ Pati Bedn Collége of awfin Beds Collet of Lay ‘and natura of the civ Habllty arlsing (rom he seid offense, (Lugados vi. da Guzman, G.? No. 35285, Fob. 20, 1908), Alco, tha _udditlonal Paniity for HABITUAL DELINQUENCY 5° not considered in deturmining juisdictior, becouse fsuch delinquency Is nat a ctimo, CRIMINAL, SALIDIGANBAYAN + Offenses or folontos whathor simpio or complexed with otter ertines commitied by the public officials. and their employees In relation 10 thelr office if the ast element, namely *in relation to his office" le absent or I not alleged in the liferation, the crime ‘commited dalls within the exclusi:e original lursdiction of ovdinary courte and not the Sandiganbayan, ‘+The offense ty commited “In relatien to the alice” Wf the offense intimately ccnnecisa with the offs of the offender end Petpolrutad whlle he was In tha performance Of his offcla! functions, or when the cme anno! exist without the oliice. or the otf-0 is 8 conalltuent elomant of the crime as defined Inthe etatute, YURISDICTION oF Y Jomctats usder the loxchunto Jurtsdiction' of + Live Sandiganbayan: INP. Those expressly Anumorated in PD 1608, 05 amenstod by RA $246; Violatlons of RA 3019 ANUGION and Compt Practices Act), RA 1379 une Chapter 2, Bec. 2, Tile 7, Book 2, RPG. ‘grade 27 and niyher. Provincial governors, vice governs, + membera of the aangguniong panialaw)jan sand” provinclal » treasurers, assessors, enginesra:and other provincial dpartmoni ae ora, vice-mayore, members of tie 19 pankuagtod, city treasurers, a engineers and other city », dopurtment heade, . 5," Officia’s of the dipiomatic service ocrupying ‘the position of consul and higher. 8. Philppine army anc alr force coloe's, real + captains, and all officers of higher rank, 7. Officers ‘of tha PN? while occupying the postion of provinelal director ‘aiid those holding the rank of sanicr superintendent or higher, 8, City ard. provinelal prosesutors and new sscirtants, and alfcia's und prorecutors in the Office of the Onbudaman and special prose suters, MEMORY AID IN REMEDIAL LAW] 189, 9, PresHtonta/decioretrustoes!managors of GOCCw, viata juniversities or educational Insttutions/oundations, 10. Momburs of Congress and offcius thereo! classified a4 Grade 27 and up. 14, Meibers of the Judiciary, without preludice te Constitutional provisions. 12, Chelrrion und members of Constitutional ‘Commissions, | without prejudice. to Gonsttuttonal piovsions. Exemptions; {, Elaction Oivenses ~ It's tho Regional Tra! Govt tat has lurisdiction as provided. for in the Omnibus Election Code aven if they. are commited by public officers classified os Grade 27 and higher and in relation to thelr offices. 2. Court Martial Casas ~ Cifenses committed by members af he Armed Forces and other porsora “subjest to miltary law - are cognizuble by court marta! if such offenses ‘re ‘vervica connected” 38 oxpreaaly ‘enuimierated In RA 7055, JUPISDICTION OF FAMILY COURTS i Fas No. 8360 establishing the. Family Court santing. hom exclu origina uted Ot Cchlid ond family caged! namaly: Criminal tases * ‘whiere one of mory of the accused Is below 18 €2°8 of age but not loss than 9 years of age or ‘where ane or moro cf fii victim la @ minor at the tine of the commiésion’of the oifonse, provided {nat If the minor Is found gulty, the court hall promulgate sentence end ascertain any olvi liobilty which tie accused mey have incurred. The sentence shiil be suspended without need of an application pursuant to tho “Child and Youtt Wosfare Code of FO 803. a5390 |2009 CENTRALIZED DAR OPERATIONS __ *:) barangay where the real proparty (or any * part thereof Ia eltuated, ~The Lupon hss 10 authortty over disputes: 1, Involving parties who actually’ reside In barangays of different c'eshrunlcipalilos, ‘except where such baranyays adjoin 2ach + other. 2. Involving teal property located In diflurunt Tunlelpatives, GRIMINAL ACTION ~ I on¢ by which the Siate protecutes © parson for an act or omission punishable by av", BECTION 4: INSTIUTION OF crIMmAL 41 ACTIONS | Fat ottenses whore a pretindnary Inontigation Is required: 1! By.filng the COMPLAINT with the proper officer for tha purpose of conducting the requisite pentminary Inveatlantion, fino. (Ruta 112, Seo. 1, Par, 2). “y Forall OTHER offenses: | By: filng ti COMPLAINT or INFORMATION Tha sireety wht the Munlelpal THal Govrts and *" Manlepal Chreult Tital Couns, or the compialst ‘withthe office of the prosoaiter, | Mania and othor chartered citoa, the compinint shat! ba Med with thn office of the | prouscutcr una olherws provided n thelr caattors. DOES NOT APPLY to étfenaea which fare subject to surkmary proceture. «Effect of Institution of the criminal acon: A’rInterrupts. the running of the perlod of A prencription ot. the offense, charged unless “". “etharwise prov.ded by special lave, 21 @ Act No, 3323 govamu the preseritive £1. parade’ of violations of spacial laws, 0 \ Offenses other than. these. panalizes under he Revised Penal Code. “= Note: With respact to offennes oonaize oii by special taws, the fling of tha corapinist 2°." of laformation “in coutt Ie the ono that Interrupts the prescriptive period and nol ‘the fling of the complaint in the proper ‘office for purposes. of conducting a San Beda Coflene of Keay praiiminary Investigation. (Zaldivia_ vs. Royes, G.R, No, L.102342, July 3, 1992) + The fling’ of a complaint fat purposen ol preliminary Investigation starts the prosecution process : ‘Tho Peopl. of the:Phtipphes is the ca offended party but since the crima Is aise fn ovtrago agelctithe ottended party, Né is onted to intewane Inte prosecutton in cases whore the clvll actlor: is impliedly insifuted therein, + 1 Srepanslon of Proverlptive Porlods of Casei: Fall.ng Under the Authority of thé upon Under gon. 442 of the Local Goverment Code of 491, no complaint, pettlon, actlon or procueainy, ‘wit ia the authority ofthe Lupon shail be institu'ed unless there has bgen & conelllation and accompanied by a certficate that no sott'ement has ven rezched of wiess the solt'ament hes ‘been repudiated. While under conciiaton, thn Prescriptive patiod shell be suspended irom thy ‘uy of the lng ot complaint with the punong barangay whlch suspension hall not exceed 60 cuys, The prescriptive feriod shall resume upon receipt of the certifesle of ropudin.ian to file pluswader ise iy his aN inienitiuss 4. File on action for mandamus, In caso of {gravo abuse of discretion; 2. Ledge a now complaint before the cout having Jurledletion evar, the otfe..a0 wher thera is no double Jeopardy; 7 Take up the matter with the Secretary of Justice in accordance with the Revised Adininistrative Cec’s cr with the President In 2 against the yD 8 puoder on, ‘being, public ‘be immediately OgeciMeRf for tha protection of Interest reqil Investigated aidan Beda College of Law tha society, (Domingo vs, Sanciyanbaysn, G.R. ‘No, 103276, April 14, 1996) Exceptions: 1. To afford adequate proisct'on to ihe constiutional rights of the acc sed. (Hemardez vs, Albano, GR. ido, L-19272, Jon. 25, 1967): 2 When ' necessary for the _ovderly administration of justice or to vol oppression or miuliplicity of actions. (Hamandoz vs, Albaivo, supra); 3, When there Is @ prejudicial question whi Is subludico; 4, When the avis of the officer ara without or in excess of authority. (Plavias vs. GP, G.R. No £46440, Jarwary 18, 1939), 8. When the prosecution ts under an inv jaw, vrdinage “or roguiations (Young vs. Rottarly, GR. No, L-10951, Fouruary v4, 1916): When double jeopary s clearty apparent, When the court had "o Juriticton ever the ‘offense. (Lopez vs. City Judge. G.R. Nu. L= 25795, Oct. 29, 1966); 8, When its w case of persecution rather ‘han prosecution; 8, Wher the charges ure manifestly false and motivated by the lust for vengeance; 10, When there Is clearly no prima facie case against the accused and a motion to quash ‘on that ground has been denied. (Salonga ¥S. Pano, G.R, No, L-59524, Feb. 18, 1985); and 11, Prevent the threatened unlawiul avest of petitoners.. (Brocka vs." Enrile, GR Nos. 69963-65, Docomber 10, 1990) SICTION 2: FORM OF THE COMPLAINT OR INFORNATION Form; 4. Inviting: 2. Inthe name of the Pevple of the Pnilippines; and 3. Against all persons who appear to ba responsible for the offense involved, SECTION 3: COMPLAINT DEFINED AComplaint io: 1, Asworn written statement; 2, Civarging a person with an offense; 3. Subscribed by the offended party any peace ‘officer, of other publla.otficer charged wih ‘the efiforcément of the law victated. +The complaint as defined under Section 3 19 different from the complaint ‘led -viin dhe Prosecutor's — Office, The cumaint MEMORY AID IN REMEDIAL LAW| 191. mentioned in thia section refers to one fled ‘n court for the commencement of @ criminal prosecution for violation of a crime, usually cognizable by municipal trial courts a¢ well a5 to a complaint fled by an offended part in private crimes. of those which cannot be prosecuted de officio. Roquisites of a Complain 4. itnvist be la willing and under gat; 2. It must bo in the of the People of the Phillppina: 3, Itmust charge a person with an offense; and 4. itt must be autserlbed vy the offended party, by any peace otficer or public officer charged with the enforcement of the iaw violated. Tho COMPLAINT FILED WITH THE PROSECUTOR's OFFICE, from which the lattor may tnitlato @ proliminary Investigation, rofers to: 4, Any written complaint 2. Filed by the otfended party or not 3. Not necessarly under oath, except in two instances: a, Complaint for commission of an offenso which cannot be prosecuted de officio or is private in nature &, Where the Inw requires that It Is to be starléd by a complaint swom to by the ofended' party, or whon it pertalns to those whlch need to be enforced by spociiad public officers, Porsons who can file a complaint i. Offended party; 2. Any peaed oftcer, 3. Other public! otficer charged wi'h. the enforcement ef the law violated (0.9, internal Reveni ion of the NIRC, custo} ft folation of tho 4 Mm 2 E\INFORMATI we private armel Tar492 | 2009 CENTRALIZED DAR OPERATIONS Under the Ruloon Summary Procedure: ‘A complaint mav be directly filed In the MIG, provided that In Metro Manila and in ‘chartered ‘ttlas, the criminal action. may only be commenced by the fling of Information, wich means, only by tre prosecutcr, excont when tho offense cannot be prosecuted de officio a8 In private crimes SECTION 4: INFORMATION DEFINED. ‘An Information ts: 4. Anaccusation In wring: 2, Charging a person with ar effenss; 3, Subseribed by the prosecuor and filed with the court : Rogiilsites of an Information: 4. Itmust be In writing: 2, Itmust charge a person with an offense; 3, Itmust be subscribed by the fiscal; 4. Itmust be fied in court. Persons Authorized to Fite Information 4. Clty oF provincial prosecuor end thelr assistant; and 2, Duly appointed spectal presacutors. Note: Prosecution In the “RTC Is always commenced by Iniorination, Except: 1. In certain crimes agalnst _chastiy (concubinege, adultery, _ seduction, abduction, acts of lasciviousnees); und Defamations imputing any of tho aforosald offenses wherein a sworn waiton complaint Is required :n accordance with Section 5 of this Rue, + In case of varience between the complain filed by the offended. party the ‘Information In. crimes against cixastty, #0 complain controls. (Faople va. Osu, GR No. L-42671, October 10, 1935) ‘© An Informatian not property signad cannot be ‘cured by silence, acqulescence or even by express eorsent. (Villa vo. Ibanez GR No. L 4313, Match 20, 1951) SECTION 6: WHO. MUSY PROSEGUTE CRIMINAL ACTIONS: Full Discretion and Control of the Frosociitor All criminal actions commencad by a complalt or Information shall_be prosecuted under tha direction and control of the rrosucutor. San Peds Coltege af Lato Note; The Institution of a criminal action depends ‘upon ‘he sound discretion of the fiscal, But once Ute case is already fled In cour, the same ean no longer be withdrawn or dismissed) without th uult’s approval. Should the {al find it proer to conduct a reiavestigation of the case at such ago, tse permission of the Court must be Secured. (Cros30 vs. Mogul, GR No, 153979, June 30, 1987) Conditions for a ‘Prvate Prosecuior to Prosicuta a Criminal Action 4, fhe public prosecutor has a heavy work schedule, or thera 1s no. public prosecutor assigned In the province or city, 2. . The private prosecutor Is authorized IN WRITING by the Chief of the Prosecutor Otice or the Regional Slate Prosecutor (RSP) 3. The authority of the pr'vate prosec utor must be apj.cved by the court; 4, Tho private, prosecutor shall zontinue to prosecute the case lntil the end of the trial unless the authorlly Is withdrawn or oll.orwise revoked; 6, In-cage of the withdrawal at revecation of the authoriy of the private prosecutor, the same rust be approved by court. (Mamo Cire. No. 25, April 26, 2002, Regarding Armandment (0 Soe. &, Rulo 110) + In-appeats bofore the CA-and the SC, It fp cnly'the Sollctor General that is authorized to bring and dofend actions In benalf of tho People of the Philipplnes, (Poorve vs. Neno, GR No, £4698, January 19, 1992) + In ail cases olevated to the Sandigabayan and from the Sandiganbayan to the SC, ths $ ma, through NsSan Beda College of Favs Matters falling WITHIN. the Controt and Discrotion of the Prosacution What case (0 fla. (Poople vs. Pineda, Gut No. L-26222, July 21, 1967); 2, Whoin to prosacute. (People vs. O2varas, GAR. Nos, 100936-39, us. 15, 1999): 3% Manner "of prosecution (Peovie vs Nazareno, G.R. No. 103964, Aug. 01, 1993); 4, Right to “withdraw Informetion | Lefere arraignrient even without notice and nearing. (Galvez vs. CA, GR. Ne. 1140/6, Cetobor 24, 1904), Matters WITHIN the Control of the Court AFTER to caso le Flu Suspension of Arraignment. (Crespo. vs, Mogul, GP. No; 483373, June 30, 1387); 2 Relnvestigation. (Velasquez vs. Tuquoro, GAR, No. 88442, Feb. 15, 1990); 3, Prosecution by Fiscal, (Ste, Rose Mining Co. vs. Zabala, GR. No. L-44723, Aug. ot, 1997); 1. Dismissal of tye caso, (Oungon vs. GA, GA. Nos. 77860-61, Mar. 28, 1986); Downgrading ‘of offense or dropping of accused even before plea, (Rule 110, sov 14) Limitations on Control by Court Prosecution 13 enliled to notice of hearing. (Ropublic vs, Juxigo Sunga, G.R, No. 38634, June 20, 1986); 2 Court must await result for pettion for review. (Murcolo vs, Ci, G.R. No. 108696, 4 August 1994); 3, Prosesutlon’s stand to maintsin prosecution ‘shuld bo respected by the court. “opie vs, Montesa, GR, Wo. 114202, Sopt. 20 1998); 4. The court must make its own independent assessment of evidence in granting o: dismissing motion to dismiss. Otherwise. ludgaent in vold, (Mavtinez vs. CA, GR. Ne 112887, Oclebar 13, 1994) Privat Crimos are those which cannot be prosecuted except upan complaint fled ty the offended party. This logal ieculrement wes Impased aut of consideration for tha aggrieved party who might prefer to suffer the outrage in silence rather thar) p> through the scandal of a public trial, Prosecution of Private Crimes: Who May Proseéuto” +. 1, Concubinaga and Aquttory = only by the offended ‘spouse who shoud have the status, capacity, and legal representation. ut the time of fiting 07 the compleint, r2jardiess ofage: MEMORY AID IN REMEUIAL LAW] 193, When complainant had already been divorced. he can no longer file the complaint ‘Prapil vs. Sumera, GR NO. 801 46, Juna 30, 1968): b. Both guily poriies must te includes in the complaint; 2. The offondad party did not consent to the offense nor pardoned the offenders. Seruction, Abduction and Acts of LascWviousness ~ prosecuted exclusively and ‘successively by the folowing persons in this order: 8, By the offended woman; 6. By; the parents, grandparents of legptludicial guardians In > that successive order, If the offended party Ir Incompetent or incapable of doing s0: By the State purauant to the DOCTRINE OF PARENS PATRIAE, when tne offended arly dies oF becomes incapacitated before - she ‘could flo the complaint and she has no known. parents, grandparents or guardian. ae 3. A Cefamation Imputing to a person any of the foregohg crimer of coneubalna adultery, weduetlon, abduction or ‘acts of faseliotisness can be provecuted only by the party or paitles defamed (Article 360, last par, Revised Penal Codo) + If the offended part [s of legul ago and does not suffer from physical or mental disability, she alone can file the complaint to the oxcluslen of al, Prosocution of @ Private Crime Comploxed with a Pubile Olfensa In complex crimes, where one of the component offenses Ig ne other a public offense, seedings de gio. Th since one f ovrcke, neeine af tae the ‘offendad minor, in that order,194 12009 CENTRALIZED BAP OPERATIONS CANNOT extend a valid pardon Ii sale crimes WITHOUT the conformity of the offended party, even if the fatter Is a minor, I the vifended woman Is of age and not otherwise incapacitated, only’ she can extend a valid pardon. Note: The pardon refers to pardon BEFORE fing of the criminal complaint In court. Fardun affectoc! after the fing of the complaint In court dos NOT prohibit the continuance of the prosecution of the offense EXCEPT in casa of riatriage between the offerder and the offended party. + The pardon in cases of seduction, sb scion, and atts of lasclviowsness must be express. + Under RA 6363, a2 Is now classified under crimes against persons which may now be filed by the prosecutor. u nea Raters to Beat act8 Of eters to tatur ccs in order to absoive tho In order te absolve the faccused from liabilty accused from ltabily, i must be extended tolis sufficient even if both offenders. granted only to the avfending spouse. The SUBSEQUENT MARRIAGE betweun the offended party and the accused extinguishes ine criminal liabilly of the latter, together with that of tho co-princlpals, accomplices and accassories, Except Where tha mariega was tnvolit or contracted In bad faith In order to escape criminal fabilty, 2," In private libel” or the libelovs imputation te the complainant of the commisrion of the crimes of coneubiriage, adultery, seduction, abduction, rape or acts of losciviousners, ‘and in slander by deed; 3." In multiple repe, Insofar ae the other accusa” In the other ‘acts of rape respectively ‘commited by them ara cencemed, Noie: The ACQUITTAL of DEATH of ono of tna ‘accused In the crime of adulten’ coar not bar the prosecution of the other accuned, (Pocple Topltio, GR NO. 14895, Deceriber 20, 1916). HOWEVER, the death of thé oftenced spouse before the fing of the complaint for aduttery bars ‘futher prosecution, BUT If the offended upouse died after the fing of the corresponding Bate eee eee PERE complaint, his death: wil NOT prevent the procrecing from continuing to ite ultimate conclusion because «the. participation of the offeded part In privates times Is essential net for the mulntenance of the action but solely for the vat thereof, Note: Besistance of complainant does not ber criminal prosecution but k operates as walver of the right fo pursue clvi, Indemnity. + fn offended party hy a criminal cose hoe sulfclent porsonellty to fle a. special chil action for cortlorar, in proper case, ever without the imprimatur af the. Stata. In #3 doing, the complainant should not bring ths action in the name of the People of ihe Phirpines. The action may be prosecuted 11 tha name of the sald complainant, (Perez va. Hagonoy..Rural dank, Inc, GR No. 126210, ‘March 9, 2000) SECTION 6: SUFFICIENCY OF COMPLAINT ‘OR INSORMATION Contents of a Valld Compisint of Information 4, Name and surname of the accused, of aay appeliation or nickname by which he is known 2, The designation of the offense; 3° The acts of omissions complained of as constieting offonee; 4. The name of the offended party; 5. ine approximate date of the commission ¢t the offense: 6. The place whera the offense was commited, Purpose of the Rute: 1. To ‘inform the ascused of the nature antSean Beda College of Law SECTION 7: NAME OF The ACCUSEC Purposo: Tae maniiast intent of the provision 1s to make a specific identification of the person to wnam the commission of an offense Is being imputed so that the court may acquire jurisdiction over his person and to inform him of the facts, Rules in Stating the Namo of the Accused 4. it name is known, the nma and sunane of the accused or any uppollation or nicknarae by which he has baen or Is knows: must ba stated; 2. If nenia cannot bo ascustained, @ fictitious ame with @ statement that his true name is unknown; 3, If ttue nama thereafier ascertained, such ‘ame shall Fe Inserted In the complain, or information or record, 4, While one or more persons, along with specified and names accuser, may be sued aa *Joha Does", an Information ega'nst all accused described as ‘John Loos" is vuid, and an errest warrant against them Is also wold. Note: An error in the name of the accused Ic no. teversible as long as his identity is sufficiently estabilshed. This defect is curable at any siage oF tha prozaadings a8 insertion of the rear name of tha accused Is merely a matter of form, (People vs, Padica, GR No. 102645, Apri 7, 1933) SECTION 8: DESIGNATION OF THE OFFENSE The Information or complaint must state or designate the followiny whenover possible: 1. Tha designation of the offense given by the statute, if thera iS nay designation ‘of the ffense; reference shall o¢ made to the section of the statuts punishing It 2, The atatemont oF the acts or omissions constituting the offense, In ordinary, concise and perticular words: 3. The speciia qualifying and aggravating circumstances musi be stated ‘9 ordinary and concise language. Note: The qualifying and aggravating droumstances cannot he. appreciated even i! proved UNLESS alleged In tha Information, (People vs, Perreras, G.R. No. 139622, 31 July 2001) + In qe of allegation of nggravating clrcumstarice af HABITUAL DELINQUENCY, It shoule not be ganeraly avered. The Information must epacity the requisie data regarding: 4. The commission of the previous ciimes; MEMORY AID IN REMEDIAL LAW] 295, 2. The last ceriviction or release; 3. Tho other previous corviclion or release of the accired. + In rape babes, the concurrence of tie minority of the ‘victim and her relationship with tho offender is a special qualifying circumstance which should be both alleged ‘and jyrovad with certainty in order to warrant the Imposition of the (maximum) penalty. Allogations Provall Over Designation of tho Offense In the Information + Its not the designation of the oftensa in the complaint of information that. is controling (People vs. Sanilano, G.R. No. L-31976, / pri 22, 1974); he facts alloged therein and ‘not ite tlle determine the nature of the erie, (Peoplo vs. Magdowa, GI? No, L-48487, Docember 12, 1941) : +. The accused may be convicted of a crim moro serious tan that named in the title or preliminary part if such crime Is covered by the facts alleged in the body of the Information and Its commission fa established by evidence. (Buhat vs. Court of Appaais, GR No. 119601, December 17, 1996) te + An accused could not be convicted under fone ct wiven he 13 charged with a violation ‘of anoiher If the change from one statute to the ther involve 4. Achenge on the theory of the tia 2. Requires of the defendant a different dotensa; or 3, . Surprises the accused in any way, i SECTION 9: CAUSE OF THE ACCUSATION ‘of which the Ne. ly fonstitute Si herahing | 19812-126,12009 CEN] RALIZED OAR OPERATIONS boon vielated prohibits generelly acts therelr defined and Is Intended to ooply to all persone Indisedminately, but prescribes certain Hntetlon oF exceplions fons ito violation, the comp'nint 9¢ Information ft sufficient iit aloges facts which. the ctfener did es constituting a vllaticn of law, without explicitly negating the exceplign, as the exception Is 2 malter of defensa Which the accused has to prove. Exception: Whero the stalu'e alleged {0 have been violated applies only to speuifia classes of persons and special conditions and the exemptions from its violation aie SO INCORPORATED In the language dafiaina the crime that the Ingredients of the offonse carsnot bo clearly set forth If the exompllor Is emited, then tho indictment must show that the accused oes not fall within” the exemptions. (For examples, 300. Book of Agpnio in Criutinat Procodtir, 2004, od, p. 59-60) +” When an exception or negative allegation is rot an Ingredient 2f the offense and is, ‘matter of dafanse, it need net ke alleged, Complex Crimos Where what Is clleged in the Inforniadon is a cccmplex crime ond the evidence falls to suppcit the charge as tu one of the component offenses, the defendant can be convicted of the offense Preven. SECTION 10: PLACE OF COMMISEION OF ‘THE OFFENSE Purpose: To show territorial jurisdiction. A complaint or Information fe fs from the allegations that the offense was committed or tome of Its essential Ingredients occurred at some place, wilhin ths Jurtsaletion of the court, Exception: When the place of commission Is oA essential elemert of the offense, the place of commission must be alleged with particularity (Eg. Trespass to dwoling, dostructve amon, robbery in an Innabted nouse). SECTION 44: CATE OF COMMISSION OF THE OFFENSE Be General Rule: It is NOT tequired that the ‘complaint or inforration etate with particularity the DATE of the commission of the eiimu. it suffices that the allegation approximates or be cs ear 2s the actual date when the offence was committed, xéo atlont If the DATE OF the commission of the neo constitutes. an“eesential eleinent of the offense (2.9. Infanticide Abortion, Biyemy), + Tho remedy against an indictment that folls to allege the time of commission of the offense with suffclont dofiioness Is 8 motion for bi of pariculars unde" Rule 110 Sec. 10, the falure to move of spacifcation ar the quashat of the Information on any of the grounds proviced far In. tho Rules oprives tho accused of the right xo object to evidence which would be lawfully introduced ‘und admitted uicloe an) Information of more for leas genoral terms but which suflelanty ce rgus tho eccusod sth a defiite eine. Besides, the exact date of the commission of the time Ie not an sasentiol element of the time. (People vs. Epodos, GR No, 137106 07, 2601) SECTION 12: NAME OF THE OfFENDED PAY Gerercl Rule: The offended party iaust be designated by nama and sumame ot any other appeilation or nickname by which he has been of Is krown, Exenption: In crimes oyalnst propsity, If the name ci the offended party Is unknown, the froperty mist b9 described with euch particulary fas to properly Identity: the particular offense chaiged, ‘SECTION 43: DUPLICITY OF OFFENSE ‘There Io dupileity when tha complaint or two of more DISTINCT or 136 Sean Hedy Cotte xe of Tatofoam fen College of Lew, 2. Unity of penat provision infringed upon. o Molated; 3. Unlty of erlminal intent which means that twe ‘of more violations of the same penal provision are united on one and the same Intont leading to the pornutiation of the same criminal purpese or claim. (People vs. Lodesie, G.R. No, L-41822, September 79, 1976) Principio of Absorption ‘Acts committed In furtherance of rebetion though Cc imes In themsolvae are coamed abscrbed in the ‘one single crime of rebation, The test is whether of not the act was done in furtherance of a poilcal end. The poiltical motive of the act should Eo conclusively demonstrated, (Enric vs. Solazar, G.R. No, 92163, June 08, 1999) Walvor Should there be dupteily of offerse in the Information, the acoused must mova for the quashat ofthe sama BEFORE artaignment. Otherwise, he Is deomed to have waived the Objection and maybe found gulty of as many offense a8 thoto charged and proved during the trial Splitting of Case NOT Allowed On the other hand, a defendant should not be harassed with various prosecutions based upon the same ‘act by sptiting the same int» various charges, all emanutirg from the same iaw Violated when the. prosecution coud easily aid well embody them in @ alagle Information, SECTION 44; SUBSTITUTION AMENDMENT = OR Kinds of Amendment 4, - Be/ora the Flea ~ the goneral rule is that eny amendment, formal or substantial, before the accitand enters his plea may be one without leave o/ court. + Exzeplion: Anyamendment beore plea, \hich downgrades the nature of the cffenso charged In or exclude any nccused from the complaint or Information can by mad only: 3, Upon motion by tha prosecutor b, With notice to the offended party; 6, With LEAVE of COURT, 2 Alter the Plea - covers only fermal ‘athondment provided: a. Leave of cour is oblalnedi, b, Such pinedment Is not rejuuicial to tho nights of the accused. MEMORY AID IN REMEDIAL LAW] 197. Exception: When @ fact supervenes Which changes the natura of the crime charged in tha Information or upgrades It to a higher crime, in which casa, amendment ns fo substance may be made but thera Is a need for another arraignment of the accused tunder the amended information, ‘An Amondmunt is ONLY In FORM: a. Where it neither affects nor alters the nature of ine offense charged; OR b, ‘Where the charge does not deprive the accused. cf 2 fair opportunity to present his defense; OF ¢ Where it:does not involve a change In the basic theory of ine prosocutir, 9.99789 An Amendment Is ar. Amendmant in Substanco witere lt covers matters Involving the rectal of facts constituing tha offense charged and determinat've of the jurisdiction of the court. (Aimedts vs. Vilais2, GR No. .-81665, August 6, for) Substitution | Ht appenre at an}! tine bafore Judgment that @ mistake hes boen made in charging the proper offense, tha court shall cismiss the odginal Ccompiaint or tnfoimiation upon the fing of a new ‘one charging’ tha proper offense, providad the accused shailnotbe placed [double jeopardy. Limitation ta'the Rule on Substitution: 4, No judgment has yet becn renderad; 2. The accused cannot be convicted of the offense cherged or of any other offense necesoarlly ncluded theral 3, The wocused would not be placed in doubleson one cenealizeD nnn OPERATIONS 2 a It does not atfect of alter the noture of the offense originally charged; t dons not favolve a change In the haat, theory of the prasecutlon 80 as fo reculre the accused fo undergo any materia! charg or modification In his defense, It does not axpose tire accused fo a charg which would call for a higher pendity; It dos nut cause surprise or deprive the accused of an oppoitunty to méct the nw averinent, A defendant may file a counterclaim tor Interpeader against the plaintf.and w thi party also claiming the subject matter of the ‘ult. (Gablonza vs. Cor of Appeals, G I No, 140311, 2001) a Uo pal pold is OF EAN eee plea has been entered can be offectad without Toav9 ov ccurt. May Involve thor | Involves substantot formal or substantia! } change from the changes. corigical charge. ‘Amendment belore the | Substitution of information must be with fava of court 68 the. original Information has to be dlsmssed, ‘Amendment is only as to form, there Is NO “Another preliminary investigation is the: would ba withdrawn, Invoke double leopardy. accured could need ‘for arothor | ontallod and the preliminary accused has to pinad Investigation and: tha'| anew to the new retaking of tie plea of | Infonnation. the accused, An, ‘amended oF Information refers to the that the m8 offense charged information inthe original | Invotve's. a ditferont Tnformation or to’ an | offense which ces offense ‘which | not Include or ir not necessary Inéludes or | necessarily Included |s nacessaniy Included | In the otlginal charge; In the original charge, | hence the accured hence substantial | cannot claim doubie amendments to the | Jecpardy. Infermation after the plea hes cen taken cannot be made over 1 tha objection of the accused, tor if the ‘original’ Information cc Ve Gan Meds Coltene of Lay nen botwson Allegation and Proof (Lituations Contompiatod) ‘When’ tha offanse proved is oss seriout © than, and Is necessarily. inclusied In, the offoaea charged, in which case the Wofendant shall bo convictod of the offense proved Wiien the offense proved Is:more seriouti than: and Includes he ‘offense charged, ii which case the defendant sholl be convisted of the ofiansa charged When the offense proved Is neither Included in, aor does It Include, the offense charged and |r different therefrom, in which case the court should dismiss the action or d order tha fing of naw Information charging the proper offense. Note: The third situation set forth above Is st: yeliution of information under Soction 14, Rulo 119, SEOTION 18: PLACE WHERE ACYION 18 TO BE INSTITUTED Purpove: The purpose being not to compel the defendant to move to,] and app court from Fn diferent at of the; errtory whore the crime was commited, 9 it Would eBuse him great ‘neonvnnience in looking for his witnesses and sine evidane in net place, Verne 's Jurisdictions ‘as the court has no Juredietion to try an offense committed outsise ts territorial jurisdiction. It cannot bo waived, of hanged by agreement of the parties, or by the convent of the dofendent Gonerat Rul criminal Subject to existing laws. In all biting the pice Eton 15(b), Blo Where an offense is Committed on board a