VI.
VENUE OF CRIMINAL ACTIONS -tried and instituted in the court of any
 Criminal Action – instituted and tried in the court
of the municipality or territory
(a) Where the offense was committed
(b) Where any of the essential ingredients
occurred (Sec. 15, Rule 110, ROC)
Venue; an element of criminal jurisdiction
 Criminal case is a jurisdictional matter. It is an
element of jurisdiction.
 Principle: to ensure that the defendant is not
compelled to move to, and appear in, a different
court from the province where the crime was
committed as it would cause him great
inconvenience in looking for his witnesses and
other evidence in another place
 REASON:
1. The jurisdiction of the lower court is limited
to well-defined territories such that a trial
court can only hear and try cases involving
crimes committed within its territorial
jurisdiction
2. Laying the venue in locus criminis is
grounded on the necessity and justice of
having an accused on trial in the
municipality or province where witnesses
and other facilities for his defense are
available.
 Place must be proven during the trial.
 Venue is jurisdictional only in relation to the
criminal action. It is, however, procedural in
applications for search warrant.
Improper venue in a civil case
 Civil case: the ground for motion to dismiss
would be that “the venue is improperly laid” (Sec
1c, Rule 16, ROC)
 Criminal Case: the ground for motion to quash
would be that “the court trying the case has no
jurisdiction over the offense charged” (Sec 3b,
Rule 117)
- Because improper venue means lack of
jurisdiction
When a court has jurisdiction to try offenses not
committed within its jurisdiction
1. Offense was committed under the circumstances
enumerated in Art 2 of the RPC, the offense is
cognizable before the Phil. Courts even if
committed outside the territory of the Phil. The
offense shall be cognizable by the court where
the criminal action is first filed. (Sec. 15D, Rule
110)
2. When the SC, pursuant to its constitutional
powers, orders a change of venue or place of
trial to avoid miscarriage of justice. (Sec. 5(4)
Art. VIII)
3. Offense is committed in train, aircraft, or other
public or private vehicle in the course of its trip,
the criminal action need not be instituted in the
actual place where the offense was committed.
municipality or territory where said train, aircraft,
or vehicle passed during the trip.
-may also be instituted or tried in the place
where departure and arrival (Sec. 15B, Rule
110)
4. Where an offense is committed on board a vessel, the
criminal action shall be instituted and tried in (a) the
court of the first port of entry, or (b) the municipality or
territory where the vessel passed during its voyage.
5. Where the case is cognizable by the SB, the criminal
action need not to be filed and tried in place where the
act was committed but generally, where the court
actually sits in QC.
- a case originating from one geographical
region may be heard in another geographical region.
6. Where the offense in written defamation, the criminal
action need not to necessarily be filed in the RTC of the
province or city where the alleged libellous article was
printed and first published.
-filed in the province/city where the offended
party held office at the time of the commission of the
offense (public officer)
-province/city where he actually resided at the
time of the commission of the offense (private individual)
 Civil action for damages of written defamation-
RTC
 Rule on venue: the place where the libelous
article was printed and first published or
where the any of the offended party actually
resides at the time of the commission of the
offense
Venue of selected offenses
 Perjury (Union Bank of the Phil. Case)
-the allegations in the complaint and
information must be examined together
with Sec 15(a) Rule 110 of the ROC.
-determination of venue shall be based
on the acts alleged in the Information to
the constitutive of the crime committed.
 Sec. 9, RA 8042 – illegal recruitment; RTC
and may also filed where the offended party
actually resides at the time of the
commission of the offensw
-the court where the criminal action is first
filed shall acquire jurisdiction to the
exclusion of other courts.
 BP 22 – transitory and continuing crime; suit
on the check can be filed in any of the
places where any of the elements of the
offense occurred, that is where the check is
drawn, issued, delivered, or dishonoured.
-CONTINUING CRIME: territory where the
offense was in part committed.
 Yalong Case #6
  Estafa by postdating a check/ issuing a bad
check, may be a transitory/continuing
offense.
Venue of Psychological Violence under RA 9262
 Phil. Courts can have a jurisdiction where the
crime was committed outside of the Phil.
 AAA v. BBB case GR 212448
How to state the place and commission of the
offense
 Sufficient if it can be understood from the
allegations of the complaint or information that
the offense was committed or some of its
essential ingredients occurred at some place
within the jurisdiction of the court (Sec. 10, Rule
110, Rules of Court).
 particular place where the offense was
committed is an essential ingredient of the
offense or is necessary for its identification, the
description of the place of commission of the
offense must be specific (Sec. 10, Rule 110,
Rules of Court).
VII. AMENDMENT OR SUBSTITUTION OF THE
COMPLAINT OR INFORMATION
Meaning of amendment
 Correction of an error or omission in a complaint
or an information
 See book Riano
Amendment of the information or complaint before
plea; no need for leave
 If the amendment is made before the accused
enters his plea, the complaint or information may
be amended in form or in substance, without the
need for leave of court (Sec. 14, Rule 110, Rules
of Court).
When leave of court is required even if the
amendment is made before plea
1. Leave of court is required even if made before plea if:
(a) the amendment downgrades the nature of
the offense charged, or
(b) the amendment excludes any accused from
the complaint or information (Sec. 14, Rule 110, Rules of
Court).
2. Aside from leave of court, the above amendments,
require a motion by the prosecutor, with notice to the
offended party (Sec. 14, Rule 110, Rules of Court).
3. The court is mandated by the rule to state its reasons
in resolving the motion of the prosecutor and to furnish
all parties, especially the offended party, of copies of its
order (Sec. 14, Rule 110, Rules of Court).
Rule as to amendment made after the plea of the
accused
1. If the amendment is made after the plea of the
accused and during the trial, any formal
amendment may only be made under two
conditions, namely:
(a ) leave of court must be secured; and
(b) the amendment does not cause
prejudice to the rights of the accused (Sec. 14,
Rule 110, Rules of Court).
2. Case law – formal or any substantial amendment may
be made without leave of court.
- After the entry of plea, only formal amendment may be
made but with leave of court and if it does not prejudice
the rights of the accused.
When an amendment is formal or substantial
 Cannot be circumscribed within a hard and fast
rule. Recourse need be made to the peculiar
circumstances of each case.
 Amendment which does not change the
nature of the crime alleged therein, does not
affect the essence of the offense, cause
surpise, or deprive the accused of an
opportunity to meet the new averment had
each been held to be one of form and not of
substance.
 Test to determine when the rights of the accused
is prejudiced – when a defense of the accused,
under the original complaint/information, would
no longer be available after the amendment is
made, and when any evidence the accused
might have would be inapplicable to the
complaint or information.
 Mere formal amendments
(1) new allegations which relate only to the
range of the penalty that the court might impose
in the event of conviction;
(2) an amendment which does not charge
another offense different or distinct from that
charged in the original one;
(3) additional allegations which do not alter the
prosecution's theory of the case so as to cause
surprise to the accused and affect the form of
defense he has or will assume;
(4) an amendment which does not adversely
affect any substantial right of the accused; and
(5) an amendment that merely adds
specifications to eliminate vagueness in the
information and not to introduce new and
material facts, and merely states with additional
precision something which is already contained
in the original information and which adds
nothing essential for conviction for the crime
charged (Ricarze v. Court of Appeals, G.R. No.
160451, February 9, 2007).
 PACOY CASE 7
 Sec. 14 prohibits the prosecution from seeking a
substantial amendment, particularly mentioning
those that may prejudice the rights of the
accused.
 Insertion of the real name of the accused is
merely a formal amendment
 Inclusion of additional accused is only an
amendment in form.
  Additional allegation of conspiracy is a formal charges an offense which is distinct and
amendment different from that initially charged, a
substitution is in order.
Example of substantial amendments in old case

 Robbery to robbery in an uninhabited place – it

exposed the accused to a higher penalty

Substitution of the complaint or information

 A complaint or information may be substituted if

it appears at any time before judgment that a
mistake has been made in charging the proper
offense. In such a case, the court shall dismiss
the original complaint or information once the
new one charging the proper offense is filed
provided the accused will not be placed in
double jeopardy. (Sec. 14, Rule 110, Rules of
Court).
 The dismissal of the original complaint or
information is subject to the provisions of Sec.
19 of Rule 119.

Distinction between substitution and amendment

1. Amendment may involve either formal or

substantial changes, while substitution
necessarily involves a substantial change
from the original charge;
2. Amendment before plea has been entered can
be effected without leave of court, but
substitution of information must be with
leave of court as the original information has
to be dismissed;
3. Where the amendment is only as to form, there
is no need for another preliminary investigation
and the retaking of the plea of the accused; in
substitution of information, another
preliminary investigation is entailed and the
accused has to plead anew to the new
information; and
4. An amended information refers to the same
offense charged in the original information or to
an offense which necessarily includes or is
necessarily included in the original charge,
hence substantial amendments to the
information after the plea has been taken cannot
be made over the objection of the accused, for if
the original information would be withdrawn, the
accused could invoke double jeopardy. On the
other hand, substitution requires or
presupposes that the new information
involves a different offense which does not
include or is not necessarily included in the
original charge, hence the accused cannot
claim double jeopardy.
 Whether there should be an amendment
under the first paragraph of Section 14, Rule
110, or a substitution of information under
the second paragraph thereof, the rule is
that where the second information involves
the same offense, or an offense which
necessarily includes or is necessarily
included in the first information, an
amendment of the information is sufficient;
otherwise, where the new information
 PROSECUTION OF CIVIL ACTION 2. Independent civil liability – civil liability
that may pursued independently of the
RULE 111 criminal proceedings; based on “an
obligation not arising from the act
Implied institution of the civil action with the criminal
complained of as felony (art. 31 of the CC)
action

 When a criminal action is instituted, the civil

When there is no implied institution of the civil
action for the recovery of the civil liability
action
arising from the offense charged shall be
deemed instituted with the criminal action  There is no implied institution of the civil action
 the general rule is that every act or omission to recover civil liability arising from the offense
punishable by law has its accompanying civil charged in any of the following instances:
liability (a) When the offended party waives the
 Art. 100 of the RPC civil action;
 Civil action : offended party is the plaintiff (b) When the offended party reserves
and the accused is the defendant, is the right to institute the civil action separately; or
deemed instituted with criminal action unless (c) When the offended party institutes
the offended party (1) waives its civil action, the civil action prior to the criminal action (Sec. 1
(2) reserves the right to the institute it [a], Rule 110, Rules of Court).
separately or (3) institutes the civil action
prior to the criminal action. Reservation of the civil action
 Merger of the criminal and the civil action –
 the reservation shall be made before the
to avoid multiplicity of suits
prosecution starts presenting its evidence
Purpose of the criminal and civil actions
When no reservation is required
 Criminal action – to punish the offender in
 Actions under Arts. 32-34 and 2176 of the CC
order to deter him and others from committing
may be filed separately and prosecuted
the same and similar offense, to isolate him from
independently without any reservation in the
the society. Reform and rehabilitate him or, in
criminal action.
general, to maintain social order.
- Failure to make reservation: not a waiver of
 Civil action – for the resolution, reparation, or
the right to file separate and independent
indemnification of the private offended party for
civil action based on these articles of the CC
the damage or injury he sustained by reason of
the delictual or felonious act. When the separate civil action is suspended
Intervention of the offended party  After the criminal action is commenced, the
separate civil action arising therefrom cannot be
 He may intervene by counsel in the prosecution
instituted until final judgment has been entered
of the offense where the civil action for the
in the criminal action
recovery of the civil liability is instituted in the
 Suspension shall last until final judgment is
criminal action (Sec. 16, Rule 110)
rendered in the criminal action
The real parties in interest in the civil aspect of the
Counterclaim, cross-claim, third-party claim in a
case
criminal action
 Offended party and the accused
 Court cannot entertain in the criminal action
 Either may appeal the civil aspect of the
judgment despite the acquittal of the accused

Rule applicable

 Rules of Criminal Procedure

When a civil action may proceed independently;

independent civil actions and quasi-delicts

 A single act or omission that causes damage to

an offended part may give rise to 2 separate civil
liability on the part of the offender
1. Civil liability ex delicto – civil liability
arising from the criminal offense under Art.
100 of the RPC; based on the
acts/omissions that constitute the criminal
offense, hence, it is intertwined with the
criminal action