EGAD – Crim Pro (110 – 115)

110: Prosecution of Offenses

Modes of Institution of Criminal Action:
1. For offenses where preliminary Investigation is required, by filling the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation.
2. For all other offenses, by filling the complaint or information directly with the MTC and MCTC or the complaint
Pagewith
| 1 the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office
of the prosecutor unless otherwise provided in their charters.

Cases which require Preliminary Investigation

General Rule: In all cases, preliminary investigation is required to be conducted before the filing of a complaint or
information (Sec 1(2) of 112)
Exceptions: 1. where the accused was validly arrested (Sec 5 of 113)
2. Where the imposable penalty of the offense charge is at least 4 years, 2 months, & 1 day
without regard to fine (Sec 1(2) of 112)

2 Procedures in Institution of Criminal Actions

1. Summary Procedure (1991 Rules on Summary Procedure)
The Rules on Summary Procedure apply on cases involving:
1. Violation of traffic rules, rules and regulations;
2. Violations of rental laws
3. Violation of the municipal or city ordinances
4. Offenses where
a. The penalty prescribed by law for the offense charged does not exceed 6 months imprisonment OR a
fine NOT exceeding Php 1,000.00 OR BOTH, irrespective of the imposable penalties, accessory or of the
civil liability arising therefrom; and
b. Offenses involving damage to property though criminal negligence where the imposable fine does NOT
exceed Php 10,000.00
2. Regular Procedure (Sec 3, Rule 112)
The Rules on Regular Procedure apply on cases involving:
1. Offenses committed by public officers and employees in relation to their office, including those employed in
government-owned or controlled corporations, whether simple or complexed with other crimes, where the
penalty prescribed by law is imprisonment exceeding 6 years or a fine exceeding Php 4,000.00 when the
offender’s position is below those enumerated above;
2. Offenses where the imposable penalty prescribed by law is imprisonment exceeding 6 years or a fine exceeding
Php 1,000.00 but not more than Php 4,000.00 or BOTH regardless of other imposable accessory or other
penalties, including the civil liability arising from such offense or predicated thereon, irrespective of kind, nature,
value or amount thereof;
3. Offenses involving damage to property through criminal negligence only where the imposable fine exceeds Php
10,000.00 except where the offender is a minor in which the jurisdiction is with the Family Court

Prescription of Crimes under Article 92 of RPC

1. Reclusion Perpetua 20 years
Reclusion Temporal
2. Afflictive Penalties 15 years
3. Correctional Penalties 10 years
4. Arresto Mayor 5 years
5. Libel 1 year
6. Grave Oral Defamation 6 months
7. Light Offenses 60 days
The institution of criminal action shall interrupt the running of the period of prescription of the offense charged unless
otherwise provided by Special Law.
EGAD – Crim Pro (110 – 115)
Complaint and Information

Distinction & Definition

Complaint Information
Sworn statement charging a person with an An accusation in writing
Page | 2
offense
Signed by the offended party, any peace officer or Signed by the prosecutor
other employee of the government in charge of
the enforcement of execution of the law violated
Filed in court or in prosecutor’s office Filed directly with the court by the prosecutor

Formal Requisites:
1. It must be in writing
2. It must be in the name of the People of the Philippines; and
3. It must be against all persons who appear to responsible therefore.

Purpose: To inform the accused of the criminal acts imputed upon him so that he can duly prepare for his defense.

Who may file Complaint or Information: Public Officers in charged with the enforcement of the law violated:
1) Chief of Police
2) National Bureau of Investigation
3) Custom Authority
4) DENR Personnel
5) Bureau of Internal Revenue Personnel
6) Bureau of Posts for Theft of Mail Matters
7) Presidential Commission on Good Governance for cases for recovery of ill-gotten wealth
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the
Prosecutor.

Persons authorized to PROSECUTE Criminal Actions:

a. Public Prosecutors (Sec 5, 110) such as-
1. Regional Prosecutor and their Assistants
2. City Prosecutor and their Assistants
3. Provincial Prosecutor and their Assistants
b. Private Law Practitioners
c. PNP Station Commander
d. Ombudsman Prosecutors (For Anti-graft cases)
e. Presidential Commission on Good Governance for cases for recovery of ill-gotten wealth

Effect of filing of an Information and Complaint by the Prosecutor in Court: The prosecutor losses jurisdiction to dispose
the case as he deems fit, as the court has acquired jurisdiction over case. Hence any action for disposition of the case
must be with leave of court.

Offenses which cannot be Prosecuted de Officio:

EGAD – Crim Pro (110 – 115)

1. Adultery
2. Concubinage
3. Seduction
4. Abduction
5. Acts of Lasciviousness
6. Defamation

Distinctions
Control by Prosecution Control by Court
What case to file Suspension of arraignment
Whom to prosecute To order reinvestigation
Manner of prosecution Prosecution by the prosecutor
Right to withdraw information before Dismissal of the case
arraignment even without notice and hearing

Limitations on Control of Court

1. Prosecution is entitled to notice of hearing
2. Court must wait for the result of petition for review
3. Prosecution’s stand to maintain prosecution should be respected by the court.
4. Court has authority to review the Secretary of Justice recommendation and reject it if there
is grave abuse of discretion
The filing of the information or complaint in court does not prevent the Secretary for Justice from
exercising his review power. Neither can such complaint or information deter him from ordering the
withdrawal of the cases. However, he cannot impose his opinion on the trial court. The determination of
the case is within the court’s exclusive jusrisdiction and competence.

Requisites for the Sufficiency of the Complaint or Information (Sec 6, 110)

1. The name of the accused (Sec 7, 110)
- State: name and surname or nickname by which he has been know
- If his identity is still unknown, he can be mentioned under a fictitious name (“john Doe or
Richard Doe or Mary Doe”) with a statement that his true name is unknown. Should the true
name, identity or nickname be known, such true name be inserted in the complaint or
information and record
When an offense is committed by more than 1 person, all of them should be included in the complai