Date: 31 August 2019

Topic: Continuation of Rule 110; Start of Rule 111

CRIMINAL PROCEDURE

Q: How do you know that the accused understands the materials facts (as stated in the complaint)

Most of the cases regarding sufficiency of complaint revolve around the acts and omissions
constituting the offense. It is stated in the complaint which describes that crime charged against the
accused. The acts and omissions constituting the offense are sufficient when all the elements
provided by the Statute are provided in the Information so the man charge will have an actual
understanding and analyze on the elements of the crime. That is how we determine the acts or
omissions constituting the offense.

Q: How about aggravating and qualified circumstances?

The circumstances must be expressly stated in the Information and be proven during trial.

Q: What is the effect if the circumstances are not alleged in the Information?

Jurisprudence dictates that when the circumstances are not alleged in the Information, the
qualifying circumstance present would not aggravate or qualify the penalty imposed against the
accused.

Q: Under torts and damages, you can award exemplary damages in a criminal case if there are
aggravating circumstances. Supposed it was not alleged in the Information, the aggravating
circumstance but nevertheless was proven during trial. Insofar as the civil action is concerned, can
the court award exemplary damages because of the proven aggravating circumstance?

In the civil case, when there is qualifying circumstance, the court may award exemplary
damages, in the civil aspect of the criminal case. In my question, there is Information and it did not
state the qualifying circumstances, was proven during trial, it is a rule that if you do not allege a
qualifying circumstance, it cannot be raised during trial, insofar as the penalty of the crime
committed is concerned. In the civil aspect, exemplary damages may be award since the quantum
of proof necessary is only preponderance of evidence.
Q: So are you telling me that if there is a qualifying circumstance but it is not alleged in the
information, you can still award exemplary damages? Isn’t that prejudicial to the accused? He will
be required to pay for exemplary damages even if the aggravating circumstance was not alleged in
the information? Does not it violate the bill of rights, which the accused must be informed of the
cause and nature of the offense filed against him?

In cases like this, you must decide which is heavier, preponderance of evidence or the
rights of the accused under the Constitution. The Rules on Criminal Procedure states that if the
aggravating circumstance is not alleged in the information, it cannot be appreciated against the
accused. However, the Courts are still awarding exemplary damages because according to them,
the Rules on apply to the criminal aspect of the case. It came on 2014 when the Supreme Court
finally stated that even if with respect to exemplary damages, as long as the circumstances are not
alleged, then they cannot award exemplary damages because it still prejudicial to the accused. If
you award damages without telling him that there are circumstances, then it will be prejudicial.

Q: Supposed the mitigating circumstance was not alleged in the information. May it be appreciated
in favor of the accused if proven during trial?

If the mitigating circumstance is not alleged in the Information, it may still be appreciate
din trial. The Rules of Court does not discuss mitigating circumstance because mitigating
circumstance is always favorable to the accused even if it is not alleged in the Information.

Q: It is ruled by the Supreme Court that the elements of the crime charged must be stated in the
Information for it to become sufficient. Do we apply the same rule to aggravating circumstances?
Is it essential to further describe them?

No. It is sufficient to only indicate the aggravating circumstance in the Information. The
Supreme Court ruled in the case of People v. Labeyo. According to the Supreme Court, in an
Information, it is not necessary to state all the evidence of the prosecution, just the stating the
ultimate facts of the treachery is sufficient. In case of treachery, it is sufficient to state that a “sharp
bladed weapon was used to kill the accused”.

Recently, August 6, 2019, the Court promulgated a decision stating that the word treachery
must be EXPANDED in the Information. (People v. Solar)
Q: What is the rule in duplicity of crimes in an information?

Sec. 13, Rule 110 stated that the law prohibits duplicity of offense, except when the law
prescribes a single penalty for two offenses.

As a general rule, you cannot charge multiple offenses in one information, subject to the
following exceptions:

(1.) Complex crimes;

(2.) Special complex crimes;

(3.) Compound crimes; and

(4.) Continuing crimes (continuado delicto)

When the crime committed is a continuing crime, all common crimes committed in
furtherance of the said continuing crime, are deemed absorbed, hence there must be only one
Information to be filed.

Q: When does an accused waive the duplicity of crimes in an Information?

Upon entering plea of guilt in the Arraignment, without raising concern over the duplicity
of the crimes charged against him.

Q: Suppose the victim is a minor, how will his or her name be stated in the Information?

It will be unidentified. The court may use AAA, BBB, etc. (Confidentiality rule)

Q: What are the crimes provided that you will use the confidentiality rule?

1. VAWC (RA 9262)

2. Child Abuse Law (RA 7610)
3. Juvenile Justice Act

Q: How about the name of the offender? Are they covered in the Confidentiality Rule?

The Rule now is that all of the names of the offender and offended party involved in the
commission of the crime where a minor is involved is covered under the confidentiality rule,
provided that the offender is a relative of the offended party. In the Supreme Court Circular 83-50
of 2015, it states that there would be two copies of the Information, one with the undisclosed
names, for the public, and another which would reflect the true name of the parties, which would
be the copy of the court and the offender.

Q: Is it required that date must be specifically alleged in an Information?

It is ruled that the exact date is only necessary when it is material to the crime charged
against the accused. Otherwise, approximate date is sufficient.

When the variance of date alleged and the exact date of the commission of the crime is 3
years, it is ruled by the Supreme Court that it is too far to be declared as sufficient.

Q: Can you think of a crime where the date is sufficient?

Statutory Rape.

Q: What is an amendment of an Information? How about substitution of an Information?

An amendment of an Information is a correction of an error. Substitution of an error is

that which involves a substantial correction in an Information, such as changing the nature of the
crime.

Q: Differences of amendment and substitution

1. Amendment may involve either formal or substantial changes, while substitution

necessarily involves a substantial change.

2. Amendment before plea can be effected without leave of court, but substitution is always done
with leave of court since it involves the dismissal of the original complaint.

3. Where the amendment is only as to form, there is no need for a new preliminary investigation
or plea; in substitution, another preliminary investigation and plea is required.

4. An amended information refers to the same offense charged or to one, which necessarily
includes or is necessarily included in the original charge; hence substantial amendments after plea
cannot be made over the objection of the accused. Substitution requires that the new information
is for a different offense which does not include or is not necessarily included in the original
charge. There must be a change in the Information in substitution because of the change of the
crime (COMPLETELY DIFFERENT crime) charged against the accused. It is necessary to file
new Information in order to inform the accused of the nature and cause of the offenses charged
against him.

Q: What is a formal amendment? A Substantial Amendment?

In formal amendment, there is no change in the nature of the crime charged, only a change
that may affect the defense of the accused. Substantial Amendment are those which requires
change in the nature of the crime and would need new evidence for the prosecution and defense.
A formal amendment is allowed before the accused enters his plea and it may also be allowed even
after the accused entered of plea but this requires leave of court.

Q: What is a leave of court?

Leave of court, in short, is asking authorization of the Court. When you want to ask for the
authorization of the Court to file a particular pleading, you will file a leave of court.

Q: Why is Leave of Court is required?

It is required because it may alter something substantial in civil and criminal aspect of the
case. It is also filed when you are not sure when a pleading can be filed.

Q: When is substantial amendment allowed?

Before enter of plea. Based on the constitutional right of the accused to be informed of the
nature and cause of crime charged against him, in such a way that he can prepare his defense. It
will be prejudicial to allow substantial amendment after the arraignment because the plea of guilt
entered by the accused is only based on the Information he read before the arraignment.

Q: What is the requirement before there can be a substantial amendment?

The accused must be informed of the change and there must be a Leave of Court, which
must be initiated by the Prosecutor.

Q: How can you identify if an amendment is formal or substantial?

 The amendment is substantial when the defense would need to look for new pieces of
evidence to support their case. It is also substantial if it adds jurisdiction of the court. A substantial
amendement, which is FAVORABLE TO THE ACCUSED, can always be done, even after plea.

Q: Is the threat of “papahabol ko kayo sa mga aso” constitutes as child abuse?

As ruled by the RTC and CA, it is child abuse because it demeans, degrades and debases
to the children, and causes trauma and panic to the latter. However, the Supreme Court ruled that
in the crime of child abuse, it must be CONCIOUSLY ADOPTED. If it is merely a spur of the
moment, an immediate reaction, then there is no intent to debase, degrade or demean the child.

Q: In the case of Ricarze v. Court of Appeals, is changing the name of the offended party a formal
or substantial amendment?

According to the Court, it is a formal amendment, because the primordial element in the
crime of estafa is misappropriation of funds. Changing the name of the offended party does not
change the fact that he misappropriates the item while it was in his custody. There would be no
change as to their defense.

Q: Can you have substitution of Information before plea?

No.

Q: When is there civil liability in a criminal aspect?

Article 100 of RPC. When there is criminal liability, there is always a civil liability.

DISCUSSION: (Rule 111)

GENERAL RULE: In every crime there is civil liability.

Sources of Obligation:

1. Law
2. Contracts
3. Quasi-Contracts
4. Quasi-Delicts
 5. Delict

Delict is therefore only one of the sources of Obligation. Hence, there may be other sources of
civil liability.

(EXAMPLE OF BUS ACCIDENT; Collusion of a bus and a private vehicle because the
driver of the vehicle was texting) In this case of reckless imprudence, there may be two civil
liabilities, one arising from crime (Article 100, RPC) and another arising from contract of carriage
(Article 1733, Civil Code; Common carrier).

If there is a contributory negligence on the part of the bus driver (for instance the bus driver
was also texting), there arises a third source of civil liability, which is from QUASI-DELICT.

GENERAL RULE: Even though there are many sources of Obligation, there can only be one
crime to be charged since there is only one cause of action.

Why can’t you file separate cases?

1. To prevent clogging of court cases;

2. To prevent difference judgments from different courts;

3. A person cannot claim more than once in one particular act.

EXCEPTION: Article 33 of the Civil Code

Q: Do all crimes have a civil Liability?

No. If there is no private person offended then there would be no civil liability. (Victimless
Crime) Example: Alarms and Scandals, Drugs

Q: What are the instances when the civil liability of a crime would not be filed at the same time
with the criminal action?

1. Reserved
2. Filed prior to the institution of the criminal action
3. If the offended party waived his right to file a civil action
Q: When is there a reservation of a civil action? What is the source of Obligation?

There can be a reservation of civil action when its source is a quasi-delict.

Q: In BP 22 cases, may the civil liability be reserved?

In Riano, it is stated that there is a circular that provides that the civil liabity in BP 22 cases
may not be reserved. It is because in the past cases, the reservation of civil liability in BP 22 cases
were abused by the Corporation litigants. Before the institution of the prohibition of reservation of
civili liability in BP 22 cases, the Corporations may file in court for BP 22 without paying filing fee.
Hence, they may threaten the debtor to pay the debt or to be sued in Court. It is so prohibited in
order to prevent the court from being the debt collector of the litigants.

Q: Supposed the accused was acquitted, what is the effect of the acquittal to the civil aspect of the
crime?

There are two types of acquittal: (1.) Acquittal based on the offense was not committed;
and (2.) Acquittal based on reasonable doubt. If the acquittal is based on reasonable doubt, then
there can still be a civil liability. However, if the acquittal is based on the crime was not committed
or when the accused was not the one who committed the crime, then the civil liability, with respect
to the accused, is also extinguished.

QUANTUM OF PROOF: (based on the hierarchy of evidence)

1. Proof beyond reasonable doubt

2. Clear and Convincing Evidence
3. Preponderance of Evidence
4. Substantial Evidence
5. Probable Cause