CRIMINAL

PROCEDURE
RULE 111
PROSECUTION OF CIVIL
ACTION
 SECTION 1.
Institution of Criminal & Civil
Actions
When a criminal action is The criminal action for violation
instituted, the civil action for of Batas Pambansa Blg 22
the recovery of civil liability shall be deemed to include the
arising from the offense corresponding civil action. No
charged shall be deemed reservation to file such civil
instituted with the criminal action separately shall be
action unless the offended allowed
party waives the civil action,
reserves the right to institute it
separately, or institutes the
civil action prior to the criminal
action.
 SECTION 2.
When a separate civil
action is suspended
After the criminal action has been commenced,
the separate civil action arising therefrom
cannot be instituted until final judgment has
been entered in the criminal action
 SECTION 3.
When Civil action may
proceed independently
In the cases provided in Articles 32, 33, 34, and 2176 of the
Civil Code of the Philippines, the 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 the evidence. In no case, however, may
the offended party recover damages twice for the same act
or omission charged in the criminal action.
 SECTION 4.
Effect of death on civil
action
The death of the accused after arraignment and during the
pendency of the criminal action shall extinguish the civil liability
arising from the delict. However, the independent civil action
instituted under section 3 of this rule or which thereafter is
instituted to enforce liability arising from other sources of
obligation may be continued against the state or legal
representative of the accused after proper substitution or against
the said estate, as the case may be.
SECTION 5
JUDGEMENT IN CIVIL
ACTION NOT A BAR
A final judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to criminal action
against the defendant for the same act or omission
subject of the civil action

SECTION 6
SUSPENSION BY REASON OF
PREJUDICIAL QUESTION
A petition for suspension of the criminal action based
upon the pendency of a prejudicial question in a civil
action may be filed in the office of the prosecutor or
the court conducting the preliminary investigation.
 SECTION 7.
Elements of prejudicial
question
The elements of a prejudicial question are:
a. the previously instituted civil action involves
an issue similar or intimately related to the
issue raised in the subsequent criminal action
b. the resolution of such issue determines
whether or not the criminal action may
proceed
 RULE 112
PRELIMINARY
INVESTIGATION
 SECTION 1.
Preliminary Investigation
defined; when required
Preliminary investigation is an inquiry or proceeding
to determine whether there is sufficient ground to
engender a well-founded belief that a crime has
been committed and the respondent is probably
quilty thereof, and should be held for trial.
 SECTION 2.
Officers authorized to conduct
preliminary investigations
The following may conduct a preliminary investigation:

A C
Provincial or City National and Regional
Prosecutors and their State Prosecutors;
assistants; and

B D
Judges of the Municipal Other officers as may
Trial Courts and be authorized by law.
Municipal Circuit Trial
Courts;
 SECTION 3. Procedures
The preliminary investigation shall be conducted in the
following manner

a. The complaint shall state the address of the

respondent and shall be accompanied by the
affidavits of the complainant and his witnesses,
as well as other supporting documents to
establish probable cause.
a.
b. Within ten (10) days after the filing of the
complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the
respondent attaching to it a copy of the
complaint and its supporting affidavits an
documents.
 SECTION 3. Procedures
The preliminary investigation shall be conducted in the
following manner
a.
b.
c. Within ten (10) days from receipt of the subpoena
with the complaint and supporting affidavits and
documents, the respondents shall submit his
counter-affidavit and that of his witnesses and
other supporting documents relied upon for his
a. defense
b.
c.
d. If the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter-affidavits
within the ten (10) day period, the investigating
officer shall resolve the complaint based on the
evidence presented by the complainant
 SECTION 3. Procedures
The
a. preliminary investigation shall be conducted in the
b.
c. following manner
d.
e. The investigating officer may set a hearing if there
are facts and issues to be clarified from a party
or a witness. The parties can be present at the
hearing but without the right to examine or cross-
examine. They may, however, submit to the
a.
investigating officer questions which may be
b.
asked to the party or witness concerned.
c.
d.
e.
f. Within ten (10) days after the investigation, the
investigating officer shall determine whether or
not there is sufficient ground to hold the
respondent for trial.
 SECTION 4.
Resolution of investigating
prosecutor and its review
If the investigating prosecutor finds cause to hold the
respondent for trial, he shall prepare the resolution and
information. He shall certify under oath in the information that
he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that
there is reasonable ground to believe that a crime has been
committed and that the accused is probably guilty thereof;
that the accused was informed of the complaint and of the
evidence submitted against him; and that he was given an
opportunity to submit controverting evidence. Otherwise, he
shall recommend the dismissal of the complaint.
 SECTION 5.
Resolution of investigating
judge and its review
Within ten (10) days after the preliminary investigation,
the investigating judge shall transmit the resolution of
the case to the provincial or city prosecutor, or the
Ombudsman or his deputy in cases of offenses
cognizable by the Sandiganbayan in the exercise if its
original jurisdiction, for appropriate action
The resolution shall state the
findings of facts and the law
supporting his action,
together with the record of
the case which shall include:
A The transcripts of the
The warrant, if the
arrest is by virtue of a
warrant
C
The undertaking or bail
of the accused & the
order for his release
D
proceeding during the
preliminary
investigation

B E
The affidavits, counter- The order of
affidavits and other cancellation of his bail
supporting evidence of bond, if the resolution is
the parties for the dismissal of the
complaint
 SECTION 6.
(A) When warrant
By the of arrest may
Regional Trial issue.
Court (B)
By the
Municipal (C)
Trial Court When a
warrant of
arrest is not
necessary
 WHEN WARRANT OF
ARREST MAY ISSUE
(A) By the Regional Trial Coart
Within ten (10) days from the filing of the complaint or
information, the judge shall personally evaluate the
resolution of the prosecutor and its supporting evidence

If there is probable cause, they shall issue a warrant of

arrest, or a commitment order if the accused has already
been arrested pursuant to a warrant issued by the judged
who conducted the preliminary investigation or when the
complaint or information was filed pursuant to section 7of
this Rule
 WHEN WARRANT OF
ARREST MAY ISSUE
(B) By the Municipal Trial Court
When required pursuant to the second paragraph of
section 1 of this Tule, the preliminary investigation of
cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial court may
be conducted by either the judge or the prosecutor.
 WHEN WARRANT OF
ARREST MAY ISSUE
(C) When a warrant of
arrest is not necessary
A warrant of arrest shall not issue if the accused is
already under detention pursuant to a warrant issued by
the Municipal Trial Court in accordance with paragraph (b)
of this section, or if the complaint or information was filed
pursuant to section 7 of this Rule or is for an offense
penalized by fine only
 SECTION 7.
when accused lawfully
arrested without warrant
When a person is lawfully arrested
without a warrant involving an offense
which requires a preliminary
investigation, the complaint or
information may be filed by a
prosecutor without need of such
investigation provided an inquest has
been conducted in accordance with
existing Rules
 SECTION 8. RECORDS
(A) Records
supporting the (B) Record of
information or Preliminary
complaint Investigation
An information or complaint The record of the preliminary
filed in court shall be investigation, whether
supported by the affidavits conducted by a judge or a
and counter-affidavits of the prosecutor, shall not form
parties and their witnesses, part of the record of the case
together with the other
supporting evidence and the
resolution on the case
 SECTION 9.
Cases not requiring a preliminary
investigation nor covered by the
Rule on Summary Procedure.
(A) If filed with the prosecutor
If the complaint is filed directly with the
prosecutor involving an offense punishable by
imprisonment of less than four (4) years, two (2)
months, and one (1) day, the procedure outlines in
section3(a) of this Rule shall be observed. The
prosecutor shall act on the complaint based on
the affidavits and other supporting documents
submitted by the complainant within ten (10) days
from its filing.
 (B) If filed with the Municipal
Trial Court
If the complaint or information is filed with the Municipal
Trial Court or Municipal Circuit Trial Court for an offense
covered by this section, the procedure in section 3(a) of
this Rule shall be observed.

If within ten (10) days after the filing of the complaint or

information, the judge finds no probable cause after
personally evaluating the evidence, or after personally
examining in writing and under oath the complainant and
his witnesses in the form of searching questions and
answers, he shall dismiss the same.
QUESTIONS?