Rule 110. Prosecution of offenses.

i. Criminal procedure is that branch of remedial law which provides for the procedure for the
apprehension, prosecution and trial of a persons accused of any crime.
ii. The rules shall be liberally construed in favor of the accused and strictly against the State to
level up the playing field between the accused and the awesome machinery of the government.
iii. Criminal actions shall be instated as follows:

For offenses where preliminary investigation is required, by filing the complaint with the proper
officer for the purpose of preliminary investigation.

For offenses where preliminary investigation is not required, by filing the complaint or
information directly with the municipal trial court and municipal circuit trial court or by filing the
complaint with 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.

iv. The institution of criminal action shall interrupt the running of the prescriptive period of the
offense charged unless otherwise provided by law.
v. The period of prescription shall commence to run from the day on which the crime is discovered
by the offended party, the authorities, or their agents, and shall be interrupted by the filing of
the complaint or information.
vi. All criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the public prosecutor.
vii. A private lawyer may prosecute a criminal case in the following case in the situations:
a. When the civil action for recovery of the civil liability is instituted in the criminal action
pursuant to R111, the offended party may intervene by counsel in prosecution of the
offense. Nevertheless, the private prosecutor must be under the direction and control of
the public prosecutor who hence must be present during the proceeding.
b. In case of heavy work schedule of the public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be authorized in writing by the Chief of the
prosecution Office or the Regional State Prosecutor to prosecute the case subject to the
approval of the court. Once so authorized, the private prosecutor shall continue to
prosecute the case up to the end of the trial even in the absence of the public
prosecutor, unless the authority is revoked or otherwise withdrawn.
viii. Private crimes are those which cannot be prosecuted de officio. Otherwise put they cannot be
prosecuted de officio. Otherwise put they cannot be prosecuted except upon a complaint filed
by the offended party.
In private crimes, the law confers upon the offended party a choice to protect his or her privacy
rather than suffering the embarrassment or stigma of trial.
ix. The following are the private crimes:
a. Concubinage
b. Adultery
c. Seduction
d. Abduction
e. Acts of lasciviousness
f. Defamation which consists of the imputation of any above offenses.
x. Adultery and Concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse. The offended party cannot institute criminal prosecution without including the
guilty parties if both are alive, nor, in any case, if the offended party has consented to the
offense or pardoned the offenders.
xi. The complaint mentioned in Section 5, Rule 110 should be given a liberal rather than strict
interpretation. The overriding consideration in determining the compliance with the
requirement is the intent and determination of the offended party to seek judicial redress. The
sworn statement of the victim hardly cast doubt on evident resolve to bring the accused to
justice.
xii. Adultery is the crime committed by any married woman who shall have sexual intercourse with
a man not her husband and by the man who has carnal knowledge of the woman knowing her
to be married, even if the married be subsequently void.
xiii. Concubinage is the crime committed by any husband who shall keep a mistress in a conjugal
dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who
is not his wife, or shall cohabit with her in any other place.
xiv. The prosecution of the complaints for violation of special laws shall governed by the provisions
thereof. Under Section 53.1 of the Securities Regulation Code, a criminal complaint for violation
of any law or rule administered by the Securities and Exchange Commission must be filed with it.
If the SEC finds that there is probable cause, then it should refer the case to the DOJ. A criminal
charge for the violation of the SRC is a specialized dispute. Hence it must first be referred to an
administrative agency of special competence.
xv. Under the Doctrine of primary jurisdiction, a court will not determine a controversy involving a
question within the jurisdiction of the administrative tribunal, where the question demands the
exercise of sound administrative discretion requiring specialized knowledge and expertise of
said administrative tribunal to determine technical intricate matters of fact.
xvi. If the criminal case is dismissed in the trial court or if there is an acquittal, the appeal on the
criminal aspect of the case must be instituted by the Solicitor General in behalf of the State. The
capability of the private complainant to question such dismissal or acquittal is limited only to
civil aspect of the case.
xvii. A complaint is a 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.
xviii. A complaint or information is sufficient if
a. it states the name of the accused;
b. the designation of the offense given by the statute;
c. the acts or omissions complained of as constituting the offense;
d. the approximate date of the commission of the offense;
e. and the place where the offense was committed.
xix. The complaint or information shall state the designation of the offense given by the statute,
aver the acts or omissions constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference shall be made to the section
or subsection of the statute punishing it.
xx. The cause of accusation is the act or omission constituting the offense as well as the qualifying
and aggravating circumstances.
xxi. The act or omission complained of constituting the offense and the qualifying and aggravating
circumstances must be stated in ordinary and concise language and not necessarily in the
language used in the statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as it qualifying and aggravating
circumstances and for the court to pronounce judgment.
xxii. The Rules of Criminal Procedure effective December 1, 2001 states that the qualifying and
aggravating circumstances must be stated in the information. Hence, if not stated such
circumstances cannot be appreciated against the accused even if proved.
xxiii. A complaint or information must charge only one offense. A duplicitous or multiplicitous
complaint or information may be quashed upon motion.
xxiv. The rationale for the rule against duplicitous complaint or information is to give the
defendant the necessary knowledge of the charge to enable him to prepare his defense. The
state could not head upon the defendant two or more charges that might confuse him in his
defense. The exception is when the law prescribes single punishment for various offenses. Such
as offenses constitute a complex crime which must be alleged in the complaint or information.
xxv.A complex crime is one which a single act constitutes two or more grave or less grave offense or
when the offense is necessary means of committing the other.
xxvi. An amendment of a complaint or information is the adding or striking out or the
correction of allegation or the name any party. (ASCAN)
xxvii. Rule regarding the amendment of complaint or information
a. Before plea

A Complaint or information may be amended, in form of substance, without

leave of court, at any time before the accused enters his plea.
 However, any amendment before plea, which downgrades the nature of the
offense charged in or excludes any accused from the complaint or information,
can be made only upon motion by the prosecutor, with notice to the offended
party and with leave of court. The court shall state its reasons in resolving the
motion and copies of its orders shall be furnished all parties, especially the
offended party

b. After plea

After plea and during the trial, a formal amendment may only be made with
leave of court and when it can be done without causing prejudice on the right of
the accused. Substantial amendments can never be made after the accused has
pleaded.

xxviii. Substitution of the complaint or information is the dismissal by the court of the original
complaint or information upon filing of a new one charging the proper offense, provided the
accused would not be placed in double jeopardy. Substitution shall be effected if it appears at
any time before judgment that a mistake has been made in charging the proper offense and the
accused cannot be convicted of the offense charged or any other offense necessarily included
therein.
xxix. The doctrine of variance allows the conviction of the accused of for a crime proved
which is different from but necessarily included in the crime charged.
xxx.Venue of criminal action
General rule
a. In the court of municipality or territory where the offense was committed or where any
of its essential ingredients occurred.

Offense committed in vehicle, aircraft, or train (VAT) in the course of its trip.

In the court of any municipality or territory where said train, aircraft, or vehicle passed
during its trip, including the place of departure and arrival. (PDA)

Offense committed on board a vessel in the course of its voyage.

In the course of the first port of entry or of any municipality or territory where the
vessel passed during such voyage. (PF)

Crime committed outside of the Philippines but punishable under Article 2 of the Revised
Penal Code.

Court where the criminal action is first filed.

xxxi. The criminal actions for violation of Section 4 of Cybercrime offenses and/or Section 5
(Other offenses), Chapter II of RA 10175 (Cybercrime Prevention Act), shall be filed before the
designated cybercrime court of the province or city where the offense or any of its elements is
committed, or where any part of the computer system used is situated, or where any damage
 caused to natural person took place: Provided, that the court where the criminal action is first
filed shall acquire jurisdiction to exclusion of the other courts.

All other crimes defined and penalized by the Revised Penal Code, as amended, and
other special laws, committed by, through, and with the use of ICT, as provided under Section 6,
Chapter II of RA 10175, shall be filed before the regular or other specialized regional trial courts,
as the case may be.
xxxii. The defense of lack of jurisdiction due to improper venue may be raised at any stage of
the case.

Rule 111. Prosecution of civil action.

xxxiii. When a criminal action is instituted, the civil action for recovery of civil liability arising
from the offense charged shall be deemed instituted with the criminal action unless the
offended party waives the civil action, reserves the right to institute it separately, or institutes it
prior to the criminal action.
The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include
the corresponding civil action. No reservation to file such civil action separately shall be allowed.

Special Rules for cases falling under the jurisdiction of the Sandiganbayan or RTC/MTC
pursuant to Section 4 of P.D. No. 1606.

The criminal action and corresponding civil action for the recovery of civil liability shall at all
be times be simultaneously simulated with, and jointly determined in, the same proceeding by
the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed
necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil
action separately from criminal action shall be recognized.

xxxiv. The reservation of the right to institute separately the civil action shall be made before
the prosecution starts presenting its evidence and under circumstances affording the offended
party a reasonable opportunity to make such reservation.
xxxv. General rule, the extinction of penal action does not carry with it the extinction of the
civil action. However, the civil action based on delict may be deemed extinguished if there is a
finding in the final judgment in the criminal action that the act or omission from which the
liability may arise did not exist.
xxxvi. In the cases provided in the Articles 32,33, 34 and 2176 of the Civil Code, an
independent civil action may be brought by the offended party. It shall proceed independently
of the criminal action and shall require only a preponderance of evidence. The result of the civil
action is thus independent of the result of the criminal action. In no case however may the
offended party recover twice for the same act or omission charged in the criminal action.
xxxvii. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party. Such civil
action shall proceed independently of criminal prosecution and shall require preponderance of
evidence. The result of civil action is independent from the result of the criminal action.
xxxviii. The effects of the commencement of the criminal action upon the separate civil action.
a. Deferment
After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until the final judgment has been entered in the criminal
action.
b. Suspension
If the criminal action has been filed after the separate civil action has been instituted,
the latter shall be suspended in whatever stage in may be found before the judgment on
the merits. The suspension shall last until final judgment is rendered in the criminal
action.
c. Consolidation
Nevertheless, before the judgment on the merits is rendered in the civil action, the
same may, upon motion of the offended party, be consolidated with criminal action in
the court trying the criminal action. In case of consolidation, the evidence already
adduced in the civil action shall be deemed automatically reproduced in the criminal
action without prejudice to the right of the prosecution to cross examine the witnesses
presented by the offended party in the criminal case and of the parties to present
additional evidence. The consolidated criminal and civil actions shall be tried and
decided jointly.

Tolling of the prescriptive period.

During the pendency of the criminal action, the running of the prescriptive period of the
civil action which cannot be instituted separately or whose proceeding has been
suspended shall be tolled.

Take note that these rules on deferment, suspension, consolidation and tolling of the
prescriptive period does not apply to independent civil actions.

Special Rules for cases falling under the jurisdiction of the Sandiganbayan or RTC/MTC
pursuant to Section 4 of P.D. No. 1606.

Where the civil action had heretofore been filed separately but the judgment therein
has not yet been rendered, and the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned.
xxxix. The accused death after the arraignment and during the pendency of the criminal action
shall extinguish the civil liability arising from the crime. However, the independent civil action
instituted or thereafter is instituted to enforce liability arising from other sources of the
obligation may be continued against the legal representative of the accused after proper
substitution or against the estate, as the case may be. The accused heirs may be substituted for
the deceased without requiring the appointment of administrator or executor and the court
may appoint guardian ad litem for the minor heirs.
xl. Prejudicial question is a question or issue raised in a previously instituted civil action which is
similar or intimately related to the issue raised in the subsequent criminal action and whose
resolution is determinative of whether or not the criminal action may proceed.
xli. The elements of a prejudicial question are;
1) The previously instituted civil action involves issues similar or intimately related to
the issue raised in the subsequent criminal action.
2) The resolution of the issue determines whether or not the criminal action may
proceed.
xlii. Prejudicial question may be invoked to suspend the subsequent criminal action. A petition for
suspension of the criminal action based upon the pendency of prejudicial question in a civil
action may be filed in the office of the prosecutor conducting the preliminary investigation or in
the pending criminal action at any time before the prosecution rests.
xliii. When the offended party seeks to enforce civil liability against the accused by way of moral,
nominate, temperate and exemplary damages (MENT) without specifying the amount thereof in
the complaint or information, the filing fees therefor shall constitute a first lien on the judgment
awarding such damages.
When the amount of damages, other than actual, is specified in the complaint or information,
the corresponding filing fees shall be paid by the offended party upon the filing thereof in court.

Except as otherwise provided in the Rules, no filing fees shall be required for actual damages.

Special rule for B.P. 22 case

The criminal action for violation of B.P. 22 shall be deemed to include the corresponding
civil action separately shall be allowed.

Upon the filing of the joint criminal and civil actions in a B.P. 22 case, the offended party
shall pay in full the filing fees based on the amount of the check involved, which shall be
considered as the actual damages claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal, temperate or exemplary damages (MENTL),
the offended party shall pay the filing fees based on the amount alleged therein. If the
amounts are not alleged but any of these damages are later awarded to the court, the
filing fees based on the amount awarded shall constitute a first lien on the judgment.

In estafa cases
 In estafa cases where the offended party fails to manifest within 15 days following the
filing of the information that the civil liability arising from the crime has been or would be
separately prosecuted, the offended party shall pay the filing fee on the civil liability sought.

2. A Husky bus departed the terminal from General Santos City bound for Cotabato City. In Polomolok,
South Cotabato during the stop-over, B and C boarded the bus. While the bus was on the road to
Esperanza, Sultan Kudarat, B and C announced a hold-up. They divested the passengers all their
valuables and got off in Shariff Aguak Mindanao.

a) Where is the venue of the criminal case for robbery?

B) What if B and C committed the robbery in Polomolok, South Cotabato, while the bus was on stop-
over. Where is the venue of the criminal case for robbery?

Answer:

A) The venue of the crime committed while being boarded a vehicle is in the court of any municipality
or territory where said vehicle passed during its trip, including the place of departure and arrival. In the
case, the criminal case may be filed before the courts of Polomolok, the place of departure of the
vehicle. The case also may be tried in Sultan Kudarat since the vehichle passed and also in the place of
arrival or where accused got off or the arrival place of the vehicle.

B) The venue of the criminal case for robbery is Polomolok, South Cotabato City. The rule provides that
the venue of the criminal action is in the court of municipality or territory where the offense was
committed or where any of its essential ingredients occurred. Here, the essential ingredients of the
crime robbery which is the forceful taking of the things happened while the vehicle was on stop over at
Polomolok. Thus, the venue of the crime is Polomolok, Cotabato City.

3. B was charged with qualified theft of a motor vehicle. After B pleaded guilty to the charge, the court
granted the prosecutor’s motion to amend the information to include allegations of recidivism and
habitual delinquency. Was the amendment of the information properly followed?

Answer:

Yes. the amendment of information was properly allowed.

The rule provides that after plea and during the trial, a formal amendment may only be made with leave
of court and when it can be done without causing prejudice on the right of the accused.

In the case, prosecution amendment of the information is a formal amendment. Furthermore, the
amendment does not cause prejudice on the right of the accused since the amendment does not alter
the theory of the crime. Thus, it is proper on the part of the court to grant the amendment of the
information.
4. A laborer filed a claim against his employer in the National Labor Relations Commission (NLRC) for
unpaid wages. While this claim was pending, he caused the filing in the court of an information against
the same employer for protracted payment of the wages he was claiming in the NLRC. The NLRC
suspended its proceedings on the wage claim pending the resolution of the criminal charge. Was the
suspension correct:

Answer:

No. The suspension is not correct.

The rule provides that If the criminal action has been filed after the separate civil action has
been instituted, the latter shall be suspended in whatever stage in may be found before the judgment
on the merits. The suspension shall last until final judgment is rendered in the criminal action.

The NLRC cannot suspended the case since the case is labor case and it is not entitled to separate civil
action as provided by law. Thus, case before the NLRC cannot be suspended.