CLAW 6: Criminal Procedure and Court Testimony

Atty. Shally Mae P. Villa. RPm

RULE 110: PROSECUTION OF OFFENSES

INSTITUTION OF CRIMINAL ACTION

Criminal Action: one by which the State prosecutes a person for an act or omission
punishable by law
- the purpose of a criminal action is to determine the penal liability for having outraged
the State with his crime and, if he be found guilty, to punish him for it

Institution of Criminal Actions

1. For offenses where a preliminary investigation is required

Preliminary investigation is required for offenses where the penalty prescribed

by law is at least 4 years, 2 months, and 1 day, without regard to fine.

By filing the complaint with the proper officer (i.e., Provincial or City
Prosecutors) for the purpose of conducting the requisite preliminary
investigation.

Note: There is no direct filing of an Information or Complaint with the RTC

because its jurisdiction covers offenses which require preliminary investigation.

2. For all other offenses

By filing (a) the Complaint or Information directly with the MTC or (b) the
complaint with the Office of the Prosecutor.

Criminal Action vs. Criminal Prosecution

Criminal Action Criminal Prosecution
instituted once a Complaint has been instituted once the Information is filed by
filed in the proper office or court, as the the Prosecutor in court
case may be

Effect of Institution of the Criminal Action on Prescriptive Period

Rule: The institution of the criminal action shall interrupt the period of prescription of
the offense charged unless otherwise provided in special laws.

For cases under the RPC it interrupts the period of prescription

For cases special laws it interrupts the period of prescription
For violations of municipal or city it does not interrupt the period of
ordinances prescription; period of prescription is

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 CLAW 6: Criminal Procedure and Court Testimony
Atty. Shally Mae P. Villa. RPm

interrupted only when the Complaint or

Information is filed in court

PROSECUTION OF THE CRIMINAL ACTION

· The parties to the criminal action are the People of the Philippines and the
accused. The private offended party is regarded merely as a witness for the State.

· The People of the Philippines is the real offended party.

· The offended party has the right to intervene by counsel in the prosecution of the
criminal action, where the civil action for recovery of civil liability is instituted in the
criminal action. The interest of the private complainant or the private offended
party is limited to the civil liability; thus, in the prosecution of the offense, the
complainant’s role is limited to that of a witness for the prosecution.

· All criminal actions commenced by a Complaint or Information shall be prosecuted

under the direction and control of the Prosecutor. Even if there is a private
prosecutor, the criminal action is still prosecuted under the direction and control of
the public prosecutor.

· The desistance of the complainant does not bar criminal action as long as the
action has been instituted but it operates as a waiver of the right to pursue civil
indemnity.

PROSECUTION OF PRIVATE CRIMES

Private crimes are those which cannot be prosecuted except upon Complaint filed by
the offended party. This legal requirement was imposed out of consideration for the
aggrieved party who might prefer to suffer the outrage in silence rather than go through
the scandal of a public trial.

1. Concubinage and adultery: the offended spouse must file the criminal case
against both the offended parties

Note: The offense of adultery and concubinage may not be instituted if it is

shown that the offended party has consented to the offense or has pardoned
the offenders.

2. Seduction, abduction, and acts of lasciviousness: prosecuted exclusively

and successively by the following persons in this order: (a) by the offended
party (even if a minor); (b) by the parents, grandparents, or legal/judicial

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 CLAW 6: Criminal Procedure and Court Testimony
Atty. Shally Mae P. Villa. RPm

guardians in that successive order, if the offended party is incompetent or

incapable of doing so; (c) by the State

3. Defamation imputing to a person the crime of concubinage, adultery,

seduction, abduction, or acts of lasciviousness: this can be prosecuted only
by the party or parties defamed

COMPLAINT AND INFORMATION

Complaint: a sworn written statement charging a person with an offense subscribed

by the offended party, any peace officer, or public officer charged with the enforcement
of the law violated

Requisites of a Complaint

1. it must be subscribed by the offended party, by any peace officer, or by public

officer charged with the enforcement of the law violated

2. it must charge a person with an offense

3. it must be under oath and in writing

4. it must be in the name of the People of the Philippines

Information: an accusation in writing charging a person with an offense, subscribed

by the Prosecutor and filed with the court

Requisites of an Information

1. it must be in writing

2. it must charge a person with an offense

3. it must be subscribed by the Prosecutor

4. it must be filed in court

Test for Sufficiency of the Complaint or Information: whether the crime is

described in intelligible terms with such particularity as to apprise the accused, with
reasonable certainty, of the offense charged to enable the accused to suitably prepare
for his defense

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 CLAW 6: Criminal Procedure and Court Testimony
Atty. Shally Mae P. Villa. RPm

Contents of a Valid Complaint or Information

1. Name and surname of the accused, or any appellation or nickname by which

he is known or has been known

· Purpose: to make a specific identification of the person to whom which the

commission of an offense is being imputed, so that the court may acquire
jurisdiction over his person and to inform him of the facts

· If his name cannot be ascertained, a fictitious name (“John Doe”) with a

statement that his true name is unknown shall be stated. If his true name is
thereafter ascertained, such name shall be inserted in the Complaint or
Information or record.

2. Designation of the offense given by the statute

· Purpose: (a) to enable a person of common understanding to know what

offense is intended to be charged; (b) to enable the court to pronounce
the proper judgment

· Allegations prevail over the designation of the offense in the Information. It

is not the designation of the offense in the Complaint or Information that is
controlling. The facts or acts or omissions alleged therein, and not its title,
determine the nature of the crime.

3. Acts or omissions complained of as constituting the offense

· It is fundamental that every element of which the offense is composed must

be alleged in the Information. The accused may not be convicted of an
offense unless it is clearly charged in the Information.

· The qualifying and aggravating circumstances cannot be appreciated even

if proved unless alleged in the Information.

4. Name of the offended party

5. Approximate date of the commission of the offense

General Rule: It is not necessary to state in the Complaint or Information the

precise date the offense was committed. The offense may be alleged to have
been committed on a date as near as possible to the actual date of its
commission.

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Exception: When the date or time is a material element of the offense (e.g.,
infanticide, abortion, bigamy).

6. Place where the offense was committed

· Purpose: to show territorial jurisdiction of the court

Reason: To inform the accused of the nature and cause of accusation against him
and to notify the accused of the criminal acts imputed to his defense.

Duplicity of Offense in Information or Complaint

This is the joinder of two (2) or more separate and distinct or different offenses in one
(1) and the same Information or Complaint.

General Rule: A Complaint or Information must charge only one offense.

Exceptions:

1. Complex crimes: when (a) a single act constitutes two or more grave or less
grave felonies, or (b) an offense is a necessary means for committing the other

2. Special complex crimes: where the law provides a single penalty for two or more
component offenses

3. Continuous crime: a single crime constituting of a series of acts arising from a

single criminal resolution or intent not susceptible of division

4. Crimes susceptible of being committed in various modes

5. Crimes of which another offense is an ingredient

6. When a single act violates different statutes

Reason: The rationale behind the rule prohibiting duplicitous Complaints or

Informations is to give the accused the necessary knowledge of the charge against
him and to enable him to sufficiently prepare for his defense.

Amendment or Substitution of Complaint or Information

Amendment: a change in either the form or substance of the same offense in the
Information

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Kinds of Amendment

1. Formal Amendment: amendment that does not charge another offense

different from that charged in the original one; or does not alter the prosecution’s
theory of the case so as to cause the surprise of he accused and affect the form
of defense he has or will assume

2. Substantial Amendment: consists of changing the recital of facts constituting

the offense charged and determinative of the jurisdiction of the court

Rules on Amendment

1. Before the plea, the general rule is that any amendment, formal or substantial,
may be done without leave of court, except an amendment which downgrades
the nature of the offense charged or excludes any accused from the Complaint
or Information can be made only (a) upon motion of the Prosecutor, (b) with
notice to the offended party, and (c) with leave of court.

2. After the plea, only formal amendment is allowed provided that (a) leave of
court is obtained and (b) such amendment is not prejudicial to the rights of the
accused.

Substitution: if it appears at any time before judgment that a mistake has been made
in charging the proper offense, the court shall dismiss the original Complaint or
Information upon the filing of a new one charging the proper offense, provided the
accused shall not be placed in double jeopardy

VENUE OF CRIMINAL ACTIONS

· In criminal cases, venue is jurisdictional as the court has no jurisdiction to try an

offense committed outside of its territorial jurisdiction. It cannot be waived, or
changed by agreement of the parties, or by the consent of the defendant.

· A court cannot exercise jurisdiction over a person charged with an offense

committed outside its limited territory. This is because venue in a criminal case is
a jurisdictional matter. It is an element of jurisdiction.

· The principle is to ensure that the defendant is not compelled to move to, and
appear in, a different court from that of 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.

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 CLAW 6: Criminal Procedure and Court Testimony
Atty. Shally Mae P. Villa. RPm

General Rule: Subject to existing laws, in all criminal prosecutions, the action must
be instituted and tried in the courts of the municipality or territory where the offense
was committed or any of its essential elements occurred.

Exceptions:

1. Felonies under Art. 2 of the RPC: shall be cognizable by the proper court where
the criminal action was first filed.

2. Where an offense is committed on a railroad train, in an aircraft, or in any other

public or private vehicle in the course of its trip: the criminal action may be
instituted in the court of any municipality or territory where such train, aircraft,
or other vehicle passed during such trip, including the place of departure and
arrival.

3. Where an offense is committed on board a vessel in the course of its voyage:

the criminal action may be instituted and tried in the proper court of the first port
of entry or of any municipality or territory through which the vessel passed
during such voyage subject to the generally accepted principles of international
law

4. Piracy: it may be tried anywhere

5. Libel: the action may be instituted at the election of the offended or suing party
in the province or city:

a. where the libelous article is printed and first published

b. if one of the offended parties is a private individual, where said private

individual actually resides at the time of the commission of the offense

c. if the offended party is a public official, where the latter holds office at
the time of the commission of the offense

6. In exceptional circumstances, to ensure a fair trial and impartial inquiry, the

Supreme Court shall have the power to order a change of venue or place of trial
to avoid miscarriage of justice.

7. Where the case is cognizable by the Sandiganbayan: the offense need not be
tried in the place where the act was committed but where the court actually sits

8. Illegal recruitment cases: a victim of illegal recruitment has the option to file the
case (a) in his place of residence or (b) in the place where the crime was
committed

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 CLAW 6: Criminal Procedure and Court Testimony
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9. Cybercrime offenses: criminal actions for cybercrime offenses shall be filed

before the designated cybercrime court of the province or city (a) where the
offense or any of its elements is committed, or (b) where any part of the
computer system used is situated, or (c) where any of the damage caused to a
natural or juridical person took place

Reference Materials:

Estopia, P. and Estopia, M. Compendia of Criminal Procedure (with Legal Forms) and
Evidence Book 2 (2015)

Riano, W.B. Criminal Procedure (The Bar Lecture Series) (2019)

San Beda Memory Aid, Remedial Law (2018)

The Revised Rules of Criminal Procedure

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