CRIMINAL

PROCEDURE
FISCAL MERIN
S.Y. 2023 - 2024
 TABLE OF CONTENTS
RULE 110.............................................3
INSTITUTION OF CRIMINAL ACTIONS..................3
How is criminal action instituted?.......................3
No direct filing in the Regional Trial Court...........3
Cases which do not require preliminary investigation 3
Effect of the institution of the criminal action on the prescriptive period 3
Interruption of period of prescription even if the court is without jurisdiction 3
PROSECUTION OF THE CRIMINAL ACTION............4
Section 1.........................................................4
Powers of the prosecution.................................4
Summary on the powers of the prosecutor.........4
Role of OSG in appeal in criminal case...............4
Prosecution of private prosecutor in absence of public prosecutor 4
INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION OF THE CRIMINAL ACTION 5
Intervention of the offended party.....................5
How offended party intervenes in a criminal case5
PROSECUTION OF PRIVATE CRIMES.....................5
Adultery and concubinage.................................5
Seduction, abduction and acts of lasciviousness..5
COMPLAINT AND INFORMATION..........................6
Complaint........................................................6
Information.....................................................6
Complaint vs Information..................................6
Sufficiency of complaint or information..............6
Questioning the insufficiency of the complaint or information 6
Determination of the nature of the offense.........6
Date of the commission of the offense...............7
Name of the accused........................................7

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RULE 110
INSTITUTION OF CRIMINAL ACTIONS
How is criminal action instituted?
1. If the offense is one which requires a preliminary investigation – by filing with
the proper officer for the purpose of conducting preliminary investigation
2. If the offense does not required preliminary investigation:
a. By filing it in Municipal Trial Court
b. Or prosecutor’s office in case of chartered cities
No direct filing in the Regional Trial Court
1. As a rule, there is no direct filing of an information or complaint with the
Regional Trial Court under Rule 110 because its jurisdiction covers offenses
which require preliminary investigation.
2. Regional Trial Court has jurisdiction over an offense punishable with an
imprisonment exceeding six years.
3. Municipal Trial Court has exclusive jurisdiction over offenses punishable with
imprisonment not exceeding six years.
Cases which do not require preliminary investigation
Those cases whose imposable penalty is less than 4 years, 2 months and 1 day.
Effect of the institution of the criminal action on the
prescriptive period
1. The institution of the criminal action shall interrupt the running period of
prescription of the offense charged unless otherwise provided in special
laws.
2. Prescriptive period covered by the RPC:
a. Crimes punishable by death, reclusion perpetua or reclusion temporal
– 20 years
b. Crimes punishable by other afflictive penalties – 15 years
c. Crimes punishable by a correctional penalty – 10 years
d. Crimes punishable by arresto mayor – 5 years
e. Crime of libel or other similar offense – 1 year
f. Crime of oral defamation and slander – 6 months
g. Light offenses – 2 months
NOTE: It commences to run from the day on which the crime is discovered by
the offended party, the authorities, or their agents.
3. Prescriptive period for special laws and ordinance:
a. Punishable for not more than one month – after1 year
b. Punishable for more than 1 month but less than 2 years – after 4
years
c. Punishable for more than 2 years but less than 6 years – after 8
years
d. Punishable for more than 6 years – after 12 years
e. Crime of treason – after 20 years
f. Violations of municipal ordinances – after 2 months
NOTE: Prescription shall begin to run from the day of the commission of the
violation of the law, and if the same be not known at the time, form the
discovery thereof.
Interruption of period of prescription even if the court is
without jurisdiction
 The running of the period of prescription is interrupted with the filing of the
action even if the court in which the action was filed is without jurisdiction.
People vs. Galano
An information was filed with the Batangas Regional Trial Court even though the
evidence of both the prosecution and defense shows that the crime was
committed in Manila. The Court, applying People vs Olarte, held that it was only
when the trial court dismissed the case due to lack of jurisdiction that “the
proceedings therein terminated without conviction and acquittal and it was only
then that the prescriptive period (which was interrupted during the pendency of
the case in Batangas Court) commenced to run again.”
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Reodica vs. CA
An information for reckless imprudence resulting in damage to property with
slight physical injuries was filed with the Regional Trial Court even though the
offense was within the exclusive jurisdiction of the municipal trial court. The
Court, even as it dismissed the cases pending before the Regional Trial Court for
lack of jurisdiction, disregarded the defense of prescription raised by the accused.
PROSECUTION OF THE CRIMINAL ACTION
Section 1
 All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the prosecutor.
Valderrama vs. People
A private party does not have the legal personality to prosecute the criminal
aspect of a case, as it is the People of the Philippines who are the real parties in
interest in a criminal case.
Baviera vs. Paglinawan
The rule is also founded on the theory that a crime is a breach of the security and
peace of the people at large.
Powers of the prosecution
1. Determine whether there is a prima facie case exists.
2. Decide which of the conflicting testimonies should be believed.
3. Determine which witnesses shall be presented in Court.
4. Determine what to charge.
5. Determine whom to charge.
Pinote vs. Ayco
Violation of criminal laws is an affront to the People of the Philippines as a whole
and not merely to the person directly prejudiced, he being merely the
complaining witness. It is on this account that the presence of a public prosecutor
in the trial of criminal cases is necessary to protect vital state interests, foremost
of which is its interest to vindicate the rule of law, the bedrock of peace of the
people.
The act of allowing the presentation of the defense witnesses in the absence of
complainant public prosecutor or a private prosecutor designated for the purpose
is a clear transgression of the Rules which could not be rectified by subsequently
giving the prosecution a chance to cross-examine the witnesses.
People vs Tan
The prosecutor in this case was not allowed to ask additional questions after the
private prosecutor terminated his direct examination on the witness.
The Supreme Court reminded the trial court that the prosecution of criminal
action is under the direct control and supervision of public prosecutor.
Summary on the powers of the prosecutor
1. One cannot object if hearings are rest at the request of the public prosecutor
due to his or her unavailability. (Crisostomo vs Singh)
2. Promulgation of judgment should be reset in case of absence of the
prosecutor. (Crisostomo vs Singh)
3. Defense should not be allowed to present evidence in the absence of the
prosecutor. (Pinonte vs Ayco)
Role of OSG in appeal in criminal case
 In case of dismissal of the case or acquittal of the accused, only the OSG may
file an appeal or Petition for Certiorari to question the dismissal or acquittal.
 However, the private offended party may file an appeal without the
intervention of the OSG insofar as the civil liability of the accused is
concerned.
 The private complainant or the offended party, however, may question such
acquittal or dismissal only insofar as the civil liability of the accused is
concerned.
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 Prosecution of private prosecutor in absence of public
prosecutor
 A private prosecutor may prosecute the criminal action up to the end of the
trial, even in the absence of the public prosecutor, if he is authorized to do
so in writing.
 The written authorization to the private prosecutor may be given because:
a. The public prosecutor has a heavy work schedule.
b. There is a lack of public prosecutor.
 Extent of the authority – 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.
INTERVENTION OF THE OFFENDED PARTY IN THE
PROSECUTION OF THE CRIMINAL ACTION
Intervention of the offended party
Lee Pue Liong vs Chua Pue Chin Lee
When a person commits a crime, he offends two entities, namely:
1. The society in which he lives in or the political entity, called the State, whose
law he has violated; and
2. The individual member of that society whose person, right, honor, chastity or
property was actually or directly injured or damaged by the same punishable
act or omission.
Ramiscal, Jr. vs Sandiganbayan
Accordingly, the sole purpose of the civil action is for the restitution, reparation,
or indemnification of the private offended party for the damage or injury he
sustained by reason of the delictual or felonious act of the accused.
How offended party intervenes in a criminal case
 The appointment of a private prosecutor is done by the offended party and is
the mode by which he intervenes in the prosecution of the offense.
 The intervention is only allowed where the civil action for the recovery of the
civil liability arising from the offense charged is instituted in the criminal
action pursuant to Rule 111.
 Hence, the offended party may not intervene in the prosecution of the
offense through a private prosecutor if the offended party:
a. Waives the civil action
b. Reserves the right to institute it separately
c. Institutes the civil action prior to the criminal action
PROSECUTION OF PRIVATE CRIMES
Adultery and concubinage
The crimes of 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.
People vs Ilarde
The husband executed a complaint for adultery against his wife and the latter’s
paramour. He emphatically asked the authorities to consider his affidavit as his
formal complaint against the accused. Before a formal charge could be filed in
court, the complainant died in the US. The fiscal filed an information of adultery.
Both accused filed a motion to quash on the ground that private crimes can only
be prosecuted at the instance of the offended party.
In a long line of decisions, this Court has maintained strict adherence to the
requirement by Article 344 of the RPC. It must be borne in mind, however that
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.” Thus the law leaves it to the option of the aggrieved
spouse to seek judicial redress for the affront committed by the erring Spouse.
If the offended party already manifested his desire to file charges against both
accused, then the requirement was already complied with.
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 Seduction, abduction and acts of lasciviousness Information
 The offenses of seduction, abduction and acts of lasciviousness shall not be  It is an accusation in writing charging a person with an offense, subscribed
prosecuted except upon a complaint filed by the: by the prosecutor and filed with the court.
a. Offended party 3. Requisites: (WC-SFP)
b. Her parents a. It must be in Writing.
c. Grandparents b. It must Charge a person with an offense.
d. Guardian c. It must be Subscribed by the prosecutor.
NOTE: Except if there is an express pardon made to the offender. d. It must be Filed in court.
 However, if the offended party dies or becomes incapacitated, and she has e. It must be in the name of the People of the Philippines.
no known parents, grandparents or guardian, the State shall initiate the
criminal action in her behalf. Complaint vs Information
 The offended party, even if a minor, has the right to initiate the prosecution
 Complaint must be “sworn”, hence, under oath under Section 3 of Rule 110.
of the offense.
Information requires no oath.
 NOTE:
 Complaint is subscribed by the offended party, peace officer, or other public
a. The law provides for the exclusive and successive rule with respect to
officer charged with the enforcement of the law violated. Information is
the prosecution of seduction, abduction and acts of lasciviousness.
subscribed by the prosecutor.
b. Minor can file by himself or herself.
c. If the offended party is a minor and does not file a complaint, her Sufficiency of complaint or information
parents, grandparents or guardian, in that order may file. (People vs
Dela Cruz) 1. Name of the accused.
d. Express pardon is needed to bar prosecution. 2. Designation of the offense given by the statute.
3. Acts or omissions complained of as constituting the offense.
COMPLAINT AND INFORMATION 4. Name of the offended party.
Complaint 5. Approximate date of the commission of the offense.
6. Approximate date of the commission of the offense.
1. It is a sworn written statement charging a person with an offense, 7. Place where the offense was committed.
subscribed by the offended party, any peace officer, or other public officer,
charged with the enforcement of the law violated. Questioning the insufficiency of the complaint or information
2. Requisites: (SCOWP)
People vs Teodoro
a. It must be Subscribed by the offended parry, by any peace officer or
public officer charged with the enforcement of the law violated. Objections relating to the form of the complaint or information cannot be made
b. It must Charge a person with an offense. for the first time on appeal. The accused-appellant should move before
c. It must be under Oath and in Writing. arraignment either for a bill of particulars or quashal of the information if it does
d. It must be in the name of the People of the Philippines. not conform the prescribed form.

If he fails to pursue either remedy, he is deemed to have waived his objections to

any formal defect in the information.
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 Determination of the nature of the offense
People vs Francica
The nature of a criminal charge is determined by the recital of the ultimate facts
and circumstances in the complaint or information and not by the caption of the
information or the provision of the law claimed to have been violated.
People vs Delector
In other words, the facts alleged in the body of the information, not the technical
name given by the prosecutor, determine the character of the crime.
People vs Donio
A mistake in the designation of the correct name of the offense is not a fatal
defect. It is not the designation that is controlling but the facts alleged in the
information.
Date of the commission of the offense
Section 11 of the Rule 110 also provides that it is not necessary to state in the
complaint or information the precise date the offense was committed except
when the date of commission is a material element of the offense.
People vs Gerola
The Court held that the date or time of the commission of rape is not material
ingredient of the crime and need not be stated with absolute accuracy.
People vs Prodenciado
What is material is that the occurrence of rape is established.
People vs Quiapo
This is because date is not an essential element of the crime of rape, the
essential element being the act of having carnal knowledge of the victim.
Name of the accused
 The complaint or information must state the name and surname of the
accused or any appellation or nickname by which he has been or is known. If
his name cannot be ascertained, he must be described under a fictitious
name with a statement that his true name is unknown.
 If the true name of the accused is thereafter disclosed by him or appears in
some other manner to the court, such true name shall be inserted in the
complaint or information and record.
People vs Espera
Proving the identity of the accused as the malefactor is the prosecution’s primary
responsibility. Accordingly, the first duty of the prosecution is not only to prove
the crime, but also to prove the identity of the criminal, for even if the
commission of the crime can be established, there can be no conviction without
the identity of the malefactor being clearly ascertained.
People vs Amodia
Positive identification pertains essentially to proof of identification. A mistake in
the name of the accused is not equivalent, and does not necessarily amount to, a
mistake in identity of the accused especially when sufficient evidence is adduced
to show that accused is pointed to as one of the perpetrators of the crime. That
the witness called him Pablito instead of Pablo, his true name, does not affect the
positive identification.
People vs Bonito
What matters in convicting an accused is his identification as the person who
committed the crime, not the name under which he was arrested or charged.
Designation of the offense
 The name given to the offense by statute shall be stated in the complaint or
information.
 Include in the complete designation of the offense is an averment of the acts
or omissions constituting the offense.
 the complaint or information shall specify the qualifying and aggravating
circumstances of the offense.
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 Effect of failure to designate the offense
 The failure to designate the offense given by the statute or to mention the
specific provision penalizing the act or erroneous specification of the law
violated does not vitiate the information if the facts alleged clearly recite the
facts constituting the offense.
People vs Valdez
The facts constituting the aggravating and qualifying circumstance must be
alleged and specified in the information. The allegation that there the commission
of the crime is attendant with aggravating and qualifying is not enough.
VENUE OF CRIMINAL ACTIONS
Place where action is to be instituted
1. The criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its
essential ingredients occurred.
2. Where an offense is committed in a train, aircraft, or other public or private
vehicle in the course of its trip, the criminal action shall be instituted and
tried in the court of any municipality or territory where such train, aircraft, or
other vehicle passed during its trip, including the place of its departure and
arrival.
3. Where an offense is committed on board a vessel in the course of its voyage,
the criminal action shall be instituted and tried in the court of the first port of
entry or of any municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of international law.
4. Crimes committed outside the Philippines but punishable under Article 2 of
the RPC shall be cognizable by the court where the criminal action is first
filed.
Venue; an element of criminal jurisdiction
1. One fundamental principle in criminal procedure is that a court cannot
exercise jurisdiction over a person charged with an offense committed outside
its limited jurisdiction.
2. It is not enough to allege in the complaint or information the place of the
commission of the crime. Such place must also be proven during the trial.
3. Venue is jurisdictional only in relation to a criminal action. It is, however,
procedural in applications for a search warrant. An application for a search
warrant merely constitutes a criminal process and is not in itself a criminal
action. Questions on venue in the application for a search warrant does not
involve question of jurisdiction over the subject matter, as the power to issue
search warrants is inherent in all courts.
Exceptions on the general rule of jurisdictional of venue
1. The offense was committed under the circumstances enumerated in Article 2
of the RPC.
2. Where the Supreme Court, pursuant to its constitutional powers, orders a
change of venue or place of trial to avoid a miscarriage of justice.
3. Where an offense is committed in a train, aircraft, or other public or private
vehicle in the course of its trip.
4. Where an offense is committed on board a vessel in the course of its voyage.
5. Where the case is cognizable by the Sandiganbayan, the criminal action need
not be filed and tried in the place where the act was committed but generally,
where the court actually sits in Quezon City.
6. Where the offense is written defamation, the criminal action need not
necessarily be filed in the RTC of the province or city where the alleged
libelous article was printed and first published. It may be field in the province
or city where:
a. Public officer – the offended party held office.
b. Private individual – the offended party actually resided.
AMENDMENT OR SUBSTITUTION
Made 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.
When leave of court is required even if before the plea
1. Leave of court is required even if the amendment is made before plea in the
ff:
a. The amendment downgrades the nature of the offense charged.
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 b. The amendment excludes any accused from the complaint or
information.
2. Aside from leave of court, the above amendments require a motion by the
prosecutor, with notice to the offended party.
3. The court is mandated by the Rules to state its reason in resolving the
motion of the prosecutor and to furnish all parties, especially the offended
party, of copies of its orders.
Rule as to amendment made after the plea
1. If the amendment is made after the accused enters his plea and during the
trial, any formal amendment may only be made under two conditions:
a. Leave of court must be secured.
b. The amendment does not cause prejudice to the rights of the
accused.
3. Additional allegations which do not alter the prosecutions 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.
QUAMTO
1. Distinguish a complaint from information.
In criminal procedure, a complaint is a sworn written charging a person with
an offense, subscribed by the offended party, any peace officer or other
peace officer charged with the enforcement of the law violated; while an
information is an accusation in writing charging a person with an offense
subscribed by the prosecutor and filed with the court.

Rules on Amendment 2. While in his Nissan Patrol and hurrying home to Quezon City from his work in
Makati, Gary figured in a vehicular mishap along that portion of EDSA within
1. It is a matter of right, as to form and substance before arraignment.
the City of Mandaluyong. He was bumped from behind by a Ford Expedition
2. If it downgrades the nature of the offense or excludes any accused from the
SUV driven by Horace who was observed using his cellular phone at the time
information, it has to be by leave of court and with notice to offended party.
of the collision. Both vehicles – more than 5 years old – no longer carried
3. Only formal amendment may be made after arraignment and there has to be
insurance other that the compulsory third-party liability insurance. Gary
with leave of court.
suffered physical injuries while his Nissan Patrol sustained damage in excess
of 500,000.00.
Formal Amendments
a. As counsel for Gary, describe the process you need to undertake
1. It does not change the nature of the crime alleged. starting from the point of the incident if Gary would proceed
2. It does not affect the essence of the offense. criminally against Horace, and identify the court with jurisdiction over
3. It does not cause surprise. the case.
4. It does not deprive the accused of the opportunity to meet new averment.
As counsel for Gary, I will first make him medically examined in order
Ricarze vs CA to ascertain the gravity and extend of the injuries he sustained from
the accident. Second, I will secure a police report relative to the
1. New allegations which relate only to the range of the penalty that the court
mishap. Third, I will use his Sinumpaang Salaysay or prepare a
might impose in the event of conviction.
complaint affidavit and frile the same in the office of he City
2. An amendment which does not charge another offense different or distinct
Prosecutor and later on to the appropriate MTC of Mandaluyong City
from that charged in the original one.
for the crime of Reckless Imprudence resulting to physical injuries
and damage to property.

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b. If Gary chooses to file an independent civil action for damages, also invoke contributory negligence as partial defense. Moreover, the
explain briefly this type of action: its legal basis; and different defendant can raise the usual defenses that the: [a] plaintiff will be
approaches in pursuing this type of action; the evidence you would entitled to double compensation or recovery, and [b] defendant will
need; and types of defenses you could expect. be constrained to litigate twice and therefore suffer the cost of
litigation twice.
An independent civil action is an action which is entirely distinct and
c. On his way to the PNP Academy in Silang, Cavite on board transport
separate from the criminal action. Such civil action shall proceed
bus as a passenger, Police Inspector Masigasig of the Valenzuela
independently of the criminal prosecution and shall require only a
Police witnessed an on-going armed robbery while the bus was
preponderance of evidence. Section 3 of Rule 111 allows the filing of
traversing Makati. His alertness and training enabled him to foil the
an independent civil action by the offended party based on Article 33
robbery and to subdue the malefactor. He disarmed the felon and
and 2176 of the New Civil Code.
while frisking him, discovered another handgun tucked in his waist.
He seized both handguns and the malefactor was later charged with
The different approaches that the plaintiff can pursue in this type of
the separate crimes of robbery and illegal possession of firearm.
action are, as follows:
a. File the independent civil action and prosecute the criminal case
Where should Police Inspector Masigasig bring the felon for criminal
separately.
processing? To Silang, Cavite where he is bound; to Makati where the
b. File the independent civil action without filing the criminal case.
bus actually was when the felonies took place; or back to Valenzuela
c. File the criminal case without need of reserving the independent
where he is stationed? Which court has jurisdiction over the criminal
civil action.
case?
Aside from the testimony of Gary, the pieces of evidence that would
be required in an independent civil action are the medical report and Police Inspector Masigasig should bring the felon to the nearest
certificate regarding the injuries sustained by Gary, hospital and police station or jail in Makati City where the bus actually was when
medical bills including receipt of payments made, police report and the felonies took place.
proof of the extent of damage sustained by his car, and the affidavit
of witnesses who saw Horace using his cellular phone at the time the Moreover, where an offense is committed in a public vehicle while in
incident happened. the course of its trip, the criminal action shall be instituted and tried
in the court of any Municipality or territory where such vehicle passed
I will also present proof of employment of Gary such as his pay slip in
during its trip, including the place of its departure and arrival.
order to prove that he was gainfully employed at the time of the
Consequently, the criminal case for robbery and illegal possession of
mishap, and as a result of the injuries he suffered, he was not able to
firearms can be filed in Regional Trial Court of Makati City or on any
earn his usual income thereof. I will also present the attending
of the places of departure or arrival of the bus.
Doctor of Gary to corroborate and authentic the contents of the
medical report and abstract thereof. The evidence required to hold
d. Yvonne, a young and lonely OFW, had an intimate relationship with a
defendant Horace liable is only preponderance of evidence.
friend, Percy. Although Yvonne comes home to Manila every six
The types of defense that may be raised against this action are months, her foreign posting still left her husband Dario lonely so that
fortuitous event, force majeure or acts of God. The defendant can he also engaged in his own extramarital activities. In one particularly
exhilarating session with his girlfriend, Dario died. Within 180 days
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 from Dario’s death, Yvonne gives birth in Manila to a baby boy. Irate
relatives of Dario contemplate criminally charging Yvonne for adultery
and they hire your law firm to handle the case.
[a] Is the contemplated criminal action a viable option to bring?
No. Section 5, Rule 110 provides that the crimes of adultery and
concubinage shall not be prosecuted except upon complaint by the
offended spouse. Since the offended party is already dead, then the
criminal action for adultery as contemplated by offended party’s
relatives is no longer viable.
[b] is a civil action to impugn the paternity of the baby boy feasible,
and if so, in what proceeding may such issue be determined?
Yes, under Article 171 of the Family Code, the heirs of the husband
may impugn the filiation of the child in the following cases:
1. If the husband should die before the expiration of the period
fixed for bringing his action
2. If he should die after the filing of the complaint, without having
desisted therefrom; or
3. If the child was born after the death of the husband.
Since Dario is already dead when the baby was born, his heirs have
the right to impugn the filiation of the child.
e. X was arrested, in flagrante, for robbing a bank. After an
investigation, he was brought before the office of the prosecutor for
inquest, but unfortunately no inquest prosecutor was available. May
bank directly file the complaint with the proper court? If in the
affirmative, what document should be filed?
Yes, the bank may directly file complaint with the proper court. In the
absence or unavailability of an inquest prosecutor, the complaint may
be filed by the offended party or a peace officer directly with the
proper court on the basis of the affidavit of the offended party or
arresting officer or person.
f. Your friend YY, an orphan, 16 years old, seeks your legal advice. She
tells you that ZZ, her uncle, subjected her to acts of lasciviousness;
that when she told her grandparents, they told her to just keep quiet
and not to file charges against ZZ, their son. Feeling very much
aggrieved, she asks you how her uncle ZZ can be made to answer for
his crime.
[a] What would your advice be? Explain.
I would advise the minor, an orphan of 16 years of age, to file the
complaint herself independently of her grandparents, because she is
not incompetent or incapable of doing so upon grounds other than
her minority.
[b] Suppose the crime committed against YY by her uncle ZZ is r ape,
witnessed by your mutual friend XX. But this time, YY was prevailed
upon by her grandparents not to file charges. XX asks you if she can
initiate the complaint against ZZ. Would your answer be the same?
Explain.
Since rape is now classified as a Crime Against Persons under the
Anti-Rape Law of 1997, I would advise XX to initiate the complaint
against ZZ.
RULE 112
DEFINITION
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 guilty thereof and should be held for trial.
Nature of right to preliminary investigation
1. General rule – not part of the due process clause of the Constitution but is
purely statutory.
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 Exception – however, if the law provides for preliminary investigation and
such right is claimed by the accused, a denial thereof is a denial of due
process and prohibition will lie against the trial court or if a judgment of
conviction has already been rendered, on appeal. The same shall be reversed
and the case remanded for preliminary investigation. Go vs CA
2. Since it is a personal right, the same may be waived expressly or impliedly. If
waived, the fiscal may forthwith file the corresponding information with the
proper court. Marinas vs Siochi
not present at this stage proof beyond reasonable doubt. A preliminary
investigation does not require a full and exhaustive presentation of the parties’
evidence. Precisely, there is a trial to allow the reception of evidence for both
parties to substantiate their respective claims.
5. Merely determines the existence of probable cause and to file the information
if he finds it to be so. Maza vs Turla
6.

People vs Valencia

Since the records do not show whether the accused-appellant asked for a
preliminary investigation after the case had been filed in court, as in fact, the
accused-appellant signified his readiness to be arraigned, the Court can only
conclude that we waived his right to have a preliminary investigation, when he
did, in fact, pleaded “Not Guilty” upon his arraignment.

3. The absence of preliminary investigation does not affect the jurisdiction of

the court or invalidate the information, if no objection was raised by the
accused before entry of his plea.

4. Merely inquisitorial; Not a trial of the case on the merits.

Heirs of Tria vs Atty Obias

Preliminary investigation is essentially an inquisitorial proceeding, and often, the

only means ascertaining who may be reasonably charged with a crime.
Prosecutors control and direct the prosecution of criminal offenses, including the
conduct of preliminary investigation, subject to review by the Secretary of
Justifce. The duty of the Court in appropriate cases is merely to determine
whether the executive determination was done without or in excess of jurisdiction
or with grave abuse of discretion.

Estrada vs Office of the Ombudsman

It does not call for the application of rules and standards of proof that a
judgment of conviction requires after trial on the merits. The complainant need

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