PRELIMINARIES

Actions that may be filed:

NATURE OF DESRIPTION GOVERNING

ACTION RULE
Civil one by which a party sues another for Rules of Civil
the enforcement of protection of a right Procedure
or the prevention or redress of a wrong. (Rule 1-71, ROC)
Criminal one by which the State prosecutes a Rules of Criminal
person for an act or omission punishable Procedure (Rule
by law. 110-127, ROC)
Special a remedy by which a party seeks to Rules of Special
Proceeding establish a status, a right, or a particular Proceedings (Rule
fact. 72-109, ROC)

CRIMINAL PROCEDURE
- a proceeding whereby the State prosecutes a person for an act or
omission punishable by law.

CRIMINAL PROCEEDING
- a proceeding before the trial court from the arraignment up to the
rendition of judgment.

CRIME
- an act or omission in violation of a public law.

OFFENSE
- an act or omission in violation of a special law.

INFRACTION
- an act or omission in violation of an ordinance.
(Ordinance - enacted by local body)

FELONY
-an act or omission punishable by the RPC.

Objectives of the Rules of Criminal Procedure:

 To secure a just, speedy and inexpensive disposition of every action and
proceeding.

Interpretation of the Rules of Criminal Procedure:

 Liberal construction of the rules.
 - Rules must be interpreted in such a manner that it will promote
just, speedy and inexpensive disposition of criminal cases.
 Can be suspended if matters of life, liberty, honor and/or property are
at stake.

Systems of Criminal Procedure:

1. Inquisitorial - the detection or prosecution of offenders are with the

officials and agents of the law and are not left with the initiative of
private parties.

2. Accusatorial - the accusation is exercised by every citizen or by a

member of the group to which injured party belongs. There is a legal
battle between the parties.

3. Mixed - a combination of good features of inquisitorial and

accusatorial.
(this is the system used in the Philippines)

Inquisitorial
- the examination by the Prosecutor’s Office of the Complaint or
Information.
- the holding of trial after the finding of probable cause.
- proof of guilt beyond reasonable doubt must be established in order to
convict an accused.

GUILT BEYOND REASONABLE DOUBT

 It does not mean such a degree of proof, as excluding the possibility of
error, produces absolute certainty.
 What’s important is MORAL CERTAINTY.

CRIMINAL JURISDICTION
- it is the authority to hear and try a particular offense and impose
punishment for it.

Determinants:
1. Geographical limits
2. Nature of Action

JURISDICTION OF THE MTC, MeTC, MTCC, MCTC (or the Inferior Courts):
1. Violation of city or municipal ordinances committed within their
respective territorial jurisdictions.
2. Offenses punishable with imprisonment of not more than six (6) years,
regardless of the amount of fine and other accessory penalties.
3. All cases of damage to property thru criminal negligence.
 (Ex: Reckless imprudence)

SUMMARY PROCEDURE (no trial, just presentation of evidence):

1. Traffic violations (Ex: presenting evidence like CCTV)
2. Violation of rental laws
3. Violation of municipal ordinances
4. Offenses where the penalty does not exceed six (6) months
imprisonment. (Ex: Unjust vexation)

*Jurisdiction is a matter of substantive law. There must be a law that

authorizes to try and hear criminal cases.

Illustrative case:
“DAGUL committed a crime which is under the jurisdiction of the
MTC. Before the case was filed, public law on jurisdiction was amended and
the crime was made cognizable by the RTC. To which court should the case
be filed?”
Answer: RTC because the law on jurisdiction was changed before the case
could be filed.
(The law on jurisdiction is at the time the case is filed, not at the time the
crime was committed.)

“The law in force at the time of the commencement of the criminal action
determines the jurisdiction of the court” (Elvira Yu Oh vs. CA, et al., G.R. No.
125297, June 6, 2003).

VENUE
Two-Fold Nature:
1. It determines the place where the criminal action is to be filed.
2. It determines which court has jurisdiction to try and hear criminal
cases.

*In civil cases, it can be filed in a place agreed by the parties.

5 WAYS TO COMMENCE A CRIMINAL ACTION OR PROCEEDING:

1. Filing a written complaint with the barangay.
2. Arrest of a person caught in flagrante delicto
(caught in the act of committing a crime, about to commit a crime or
has just committed the crime)
3. By virtue of search warrant.
4. Filing of a complaint with the Department of Justice (DOJ) for cases
requiring preliminary investigation.
5. Direct filing with the court.
CRIMINAL PROCEDURE PROPER
RULE 110 - Prosecution of Offenses

Prescription in the prosecution of offenses:

 The time within which criminal action must be instituted.

Prescription of crimes → Article 90 to 93 of the RPC (CrimLaw)

Interruption of prescriptive periods for crimes:

RULE: The institution of a criminal action whether for preliminary
investigation or for direct filing in court, interrupts the prescriptive period
for the crime.
(Ex: Prescription is 1 year, you filed it one month after, you failed to submit
your documents then your trial is dismissed. You can file again within the
11months because you only consumed 1month)
EXCEPTION: The prescriptive period for violation of special laws and
municipal ordinances is interrupted only if the complaint/information is
filed in court. (if it is only filed in the prosecutor’s office, then it is not
counted)
EXCEPTION TO EXCEPTION: If the special law or municipal ordinances
provides that its prescriptive period is interrupted by filing the action either
in the prosecutor’s office or in court.

INJUNCTION ON CRIMINAL PROSECUTION:

RULE: Criminal prosecutions cannot be enjoined because public interest
requires that criminal acts be immediately investigated and prosecuted for
the protections of the society.
EXCEPTIONS:
1. For protection of constitutional rights of the accused.
2. For orderly administration of justice.
3. For avoidance of multiplicity of suits.
4. When there is a prejudicial question involved.
5. When the officers acted without or in excess of jurisdiction.
6. Prosecution under an invalid law.
7. Double jeopardy is apparent.
8. The court has no jurisdiction over the offense.
9. A case of persecution rather than prosecution.
COMPLAINT
- 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 (Sec. 3, Rule 110).

INFORMATION
- is an accusation in writing charging a person with an offense, subscribed
by the prosecutor and filed with the court (Sec. 4, Rule 110).

COMPLAINT INFORMATION
- a sworn statement. - an accusation in writing.

- for private crimes. - for public crimes.

(there is an offended party)

- subscribed by either: - subscribed only by the Prosecutor.

1. Offended party
2. Peace officer; or
3. Public officer charged with the
enforcement of the law.

- filed either to the Posecutor’s - always filed in court.

Office for the preliminary
investigation or directly to the court.

- filed by complainant. - filed by the prosecutor.

- precedes the Information. - subsequent to Complaint.

POWERS OF THE PUBLIC PROSECUTOR:

1. To conduct preliminary investigation.
(preliminary investigation - to determine whether there is probable cause)
(probable cause - the possibility that the complaint is correct.)
2. To control the prosecution of a case.
3. To inquest.
(inquest - informal & summary investigation conducted to persons
arrested without a warrant of arrest issued by the court)

Direction and control of the prosecution of cases:

 All the criminal action shall be prosecuted under the direction and
control of public prosecutor to prevent unfounded and malicious
prosecution by private persons.
FLOW IN THE PROSECUTION OF CRIMES:

Prosecutor
file petition Rule 65, if w/ grave
for review abuse of discretion
Court of
DOJ Secretary Appeals
appeal
Office of the
President
- only if the penalty for the offense charged is death,
reclusion perpetua or life imprisonment.

PRIVATE PROSECUTOR:
 The private prosecutor may be allowed to prosecute a criminal case if
the following conditions are present:
1. There is no public prosecutor available or if there is, he is burdened
with heavy work.
2. An application to prosecute the case is made by the prosecutor.
3. Authority in writing by the Chief of the Prosecution Office of the
Regional State Prosecution.
4. Approved by the court.
5. The prosecution by a private prosecutor is not allowed by the law.
(Ex: Drug Cases, where private prosecutor is not allowed)

PRIVATE CRIMES:
- an offense wherein there is a private offended party.
1. Adultery
2. Concubinage (man having an affair)
3. Seduction
4. Abduction
5. Acts of lasciviousness
6. Defamation based on imputation of adultery, concubinage, seduction,
abduction and acts of lasciviousness.

Institution of private crimes:

The public prosecutor cannot prosecute private crimes on his own
initiative.

Illustrative case:
 “DANREB, who is married to DINDI, assigned as the Chief Engineer in
the Mall of the World that is being constructed in Bacolod City. He comes
to Manila once in a month. Because of the rumor that her husband is
cohabiting with another woman in Bacolod City, DINDI investigated the
matter and she found it to be true. DINDI immediately contacted her best
friend DIANA, who happened to be the City Prosecutor of Bacolod City to
help her. DIANA thereafter sent to Bacolod via LBC all the evidence she
gathered. Acting on the request, Pros. DIANA prepared and filed an
Information for concubinage against DANREB before the Office of the Clerk
of Court of RTC in Bacolod City. Is the action of City Prosecutor Diana
proper?”

Answer: No. Concubinage is a private crime, hence, it must be prosecuted

upon the initiative of the offended party.

PARENS PATRIAE
- in case of death or incapacity of the offended party before filing the
complaints and he or she has no parents, grandparents or guardians, the
State shall initiate the criminal action on his/her behalf.
(minority is a legal incapacity)
- crimes of seduction, abduction and acts of lasciviousness are exceptions
to the execution of private crimes.

Contents of a sufficient complaint/information:

1. Name or names of the accused.
2. Designation of the offense by the law.
3. Approximate date of the commission of offense.
4. Acts or omissions complained of constituting the offense.
5. Name of the offended party.
6. Place of commission of offense.

Statement of the name/s of the accused:

 To enable the court to IDENTIFY the accused so that the court can
ACQUIRE JURISDICTION over his person and thereafter to INFORM him
of the charges.

Is fictitious name or appellation allowed?

 This is allowed if the true name is unknown, with an explanation to that
effect.

Misspelled or erroneous name?

 The accused should call the attention of the court for proper
amendment, or else he is estopped, especially if he participated in the
proceeding.
 The prosecution commits the mistake,
20 September 2021

Statement of designation of the offense by law

 If the law does not designate the name of the offense, reference to
the section of the law punishing it is enough (remedy is to identify
the section of the law that punishes the act, the commission or
omission, simply indicate it in the complaint)
 But failure to do so will not affect the validity of the
complaint/information for as long as the facts alleged in the body of
the complaint/information sufficiently recite the essential facts
constituting the offense (if you sufficiently define or describe the
crime, it should suffice)
 It is not the technical name given by the fiscal in the title of
complaint/information that determines the crime but the facts
alleged and recited in the body thereof
 Besides, in such case the constitutional mandate that the accused
must be informed of the nature of the accusation against him is
complied with
 Aggravating circumstances must be alleged in the
complaint/information, or else they cannot be appreciated even if
proved

Statement of the date of the commission of the offense

Rule:
 The precise date need not be stated
 Mere approximation is enough, so long as it is as near as possible
to the actual date
Exemption
If the date and time is essential to the case/offense

Statement of the date of the commission of the offense

Illustrative case:
 Daday was arrested for violating the city ordinance of Bacolod on
liquor ban from 6pm to 5am
 The information reads:
 The city prosecutor of Bacolod accuses daday for violating city
ordinance no. 69 banning the consumption of intoxicating drinks.
Daday was caught drinking in a restaurant on September 10, 2021
 Is the information defective or not?

The information is defective.

Time when she allegedly committed the infraction must be stated in the
information
Statement of the act/omission complained of constituting the offense

It must be in a clear and concise language, although not necessarily in

the language of the law

Statement of the name of the offended party

The name and surname must be specified or at least the nickname, or

even fictitious name just to identify and avoid confusion

If later on the true name is known, it shall be inserted in the

complaint/information as well as in the records of the case

(Offended party’s name must be known to make sure it is them that

initiated the complaint especially in private crimes)

Statement of the name of the offended party

Offended Party Manner of Stating in the

complaint/information
Juridical Person
Rule 503.   Juridical person; definition.   
A juridical person is a body of persons, a
corporation, a partnership, or other legal
entity that is recognized by law which
grants a juridical personality separate
and distinct  from that of a share holder,
partner or member.

RULES AND REGULATIONS IMPLEMENTING

THE INTELLECTUAL PROPERTY CODE

Civil Code of the Philippines: Juridical

Persons, Arts. 44, 45 ,46, and 47

Statement of the place of the commission of the offense

Rule:

The general allegation that the offense was committed within the
jurisdiction of the court is enough

Exception
If the place of the commission of the crime is an essential element of the
offense it must be alleged with particularity
(It will affect the prosecution of the offense)
Article 133 of the RCP – offending the religious feelings
1. Committed by public officer or employee or a private individual
2. That the acts must be notoriously offensive to the feeling of the
faithful
3. The said offender performs acts in
a. In a place devoted to religious worship or
b. During the celebration of any religious ceremony

Duplicity of an offense

Rule:
The complaint/information must charge only one offense

Exception
When the law prescribes a single punishment for various offenses,
duplicity is allowed (rape with homicide – complex crime, criminal intent
resulted to death)

Duplicity of an offense
Remedy for the accused if duplicity is improper

The accused must file a motion to quash the complaint/information

Amendment of the complaint or information

Modification of a complaint/information which changes its forms or

substance

Effect:
Alteration of the C/I
1. Form
2. Substance

The public prosecutor