REVISED RULES OF

CRIMINAL PROCEDURE
RULE 110-127
WITH RELATED RULES AND REGULATIONS

PART-1
By: Albert Jonathan B. Paulino, R.Cr.,LLB, MBA
 2. PRELIMINARY
Rule 110 INVESTIGATION
Section 1-16
DOJ/MTC,MCTC
Offended
Party
1. COMPLAINT 3. Resolution and Information
(Who prepares?)

5. COURT
PROCESSESS

LEA Courts
Take
custody

Accused 4. Warrant of Arrest

 Basic Principles

• Remedial Law distinguished from

• Substantive Law
 SUBSTANTIVE LAW
• Laws that seek to define individual
rights and provide punishment for
violation thereof.
• Example: Civil Law, Criminal Law,
Labor Law, etc.
 REMEDIAL LAW
• Laws that provide the manner how to
enforce the rights violated in our
courts of justice.
• Seeks immediate relief for the
protection and/or preservation of
rights.
• Example: Rules of Court
 WHO MUST
PROSECUTE?
• Public Prosecutors
• Private Prosecutors
when authorized under
the strict supervision
of Public Prosecutors

(As amended per A.M. No.02-2-

07-SC, Effective May 1,
2002)
 HOW CRIMINAL ACTION
STARTED?
Note:
-In places w/o the
• Filing of complaint/
Office of Prosecutor,
Information with: Complaint is filed
MTC/MCTC before the MTC/MCTC.
• OFFICE OF THE - In Manila and chartered
PROSECUTOR cities, before the
Office of the
Prosecutor
 WHO MUST
PROSECUTE?
• Public Prosecutors
• Private Prosecutors
when authorized
under the strict
supervision of Public
Prosecutors
(As amended per A.M. No.02-2-
07-SC, Effective May 1, 2002)
 Rules on Prosecuting some
Crimes

1. Crimes of Adultery & Concubinage

-Should be prosecuted by complaint from
the offended Spouse against the other &
their paramour, if alive.
.
 seduction,
2. Crimes of
abduction and acts of
lasciviousness
-should be prosecuted by
complaint from the offended
party, her parents,
grandparents, guardian.
-If offender has been
expressly pardoned, can no
longer prosecute.
Note:

• If the offended party dies or

becomes incapacitated before she can
file the complaint, and she has no
known parents, grandparents or
guardian, the State shall initiate the
Criminal action in her behalf. Sec.5,
Rule 110
3. Crimes for slander/defamation
• Shall be prosecuted by complaint
filed by the offended party
4. Other complaints for violation of
Special Law.
- Shall be prosecuted in accordance
with law governing them
 Sufficiency of
Complaint/Information
• It states:
1. The name of the accused
2. Designation of the offense given by the statute;
3. Acts or omissions complained of as constituting
the offense;
4. The name of the offended party
5. Approx. date/time of the commission of the
crime;
6. Place where the offense was committed
 Rule in Duplicity of Offense

• Complaint or information must charge

only one offense, except, those
allowed by law.
Example: Complex Crimes
 Rule on Amendment of
complaint/Information
• Complaint/information may be
amended/substituted before accused
enters a plea (w/o leave of court)
• Or, if after the plea and during trial,
amendment is allowed but with leave
of court.
 Other consideration in
amendment /substitution
• 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 the
motion of the prosecutor, with notice to
the offended party – WITH LEAVE OF
COURT
 What is the effect of
mistake in charging the
proper offense?
• Original complaint/information will be
dismissed but allows filling of the
new/corrected one
 Place where action is to be
instituted

1. Court of the place where the

offense is committed;
• Or, where any of its essential
ingredients occurred.
 2. Offense is committed in a train,
aircraft or other public & private
vehicle in the course of trip.

- The criminal action shall be instituted and

tried in the court of any municipality or
territory where said train, aircraft, or
other vehicle passed during its trip,
including the place of departure and arrival
3. Crimes committed on board
of vessel in the course of
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 the voyage,
subject to international law.
 4. Crimes committed outside
the Philippines

• The court where the criminal action

is first filed shall have jurisdiction
 Criminal Action and Civil Action:
Basic Considerations:
General Rule:
1. Once Criminally Liable is also civilly liable
in accordance with Article 100 of RPC.
2. When you commence the Criminal Action,
the Civil Action arising therefrom is
impliedly instituted, unless there is
reservation to file the civil action
separately. For BP#22 cases, no
reservation is allowed.
 Can a Civil Action already be
filed separately be united with
the Criminal Action?
Ans. It is allowed. Both actions can be
consolidated upon application with the
court trying the case, provided Criminal
Action has not yet commenced. Otherwise
if Criminal Action has already commenced,
Civil Action will be suspended until there is
already judgment in the Criminal Action
 When civil action may
proceed independently?

1. Civil Action arising from crime as

distinguished from Independent
Civil Action (ICA).
 Distinguished:
• Civil Action arising from
crime
- when filed separately with the
criminal action, is suspended.
- Usually regarded as an ordinary
civil action
- Extinction of criminal action
does not necessary involves
extinction of civil case unless
there is a finding in a final
judgment in the Criminal Action
that the act or omission from
which the civil liability may arise
did not exist
- Death of the accused, carries
extinguishment of civil liability
• Independent Civil
Action:
- It can proceed
independently of the
Criminal Action;
- It has a life of his own
and is not affected by
the outcome of the
Criminal Action.
- Governed by Article
32,33,34 and 2176 of the
NCC.
- Not extinguished by the
death of the accused
during pendency of the
criminal action
 What is the effect of
death on the civil action?
• If after arraignment/during pendency of
the criminal action, will extinguish the
civil liability arising from crime.
• But the ICA, shall proceed and judgment
can be enforced against the properties of
the accused or his legal representatives
after proper substitution or against said
estate.
 What is the effect of final
judgment rendered in a civil
action?
• If accused is absolve from civil liability, it will not
prevent the filing of criminal action against the
defendant for the same act or omission subject
of the civil action.
 What is a prejudicial
Question?
• Suspension of the Criminal Action
because:
1. Previous instituted civil action involves an issue
similar or intimately related to the issue raised
in the subsequent criminal action;
2. The decision of such issue determines whether
the criminal action should proceed.
Rule stated in Section 6, Rule 111
Preliminary Investigation
(P.I.) Defined:
• 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.
 When is P.I. required?
• Except as provided in section 7 of
this Rule, a preliminary investigation
is required to be conducted befre
the filing of the complaint or
information for an offense where the
penalty is (4) Years, (2) Months and
(1) day.
 Who are authorized to
conduct P.I.
• Provncial or City Prosecutors & their
assistants
• Judges of the MTC/MCTCs
• National & Regional State Prosecutors
• Others officers as authorized by law
Note: Their authority to conduct preliminary investigation shall
include all crimes cognizable by the proper court in their
respective territorial jurisdiction
 PROCEDURE OF P.I.
1. FILLING OF COMPLAINT BEFORE THE
OFFICE OF PROSECUTOR STATING THEREIN
THE ADDRESS/ESS OF RESPONDENT/S AND
WITNESSES, AND OTHER SUPPORTING
DOCUMENTS TO ESTABLISH PROBABLE
CAUSE.
Note: The AFFIDAVITS shall be subscribed
and sworn to before any prosecutor or
government official authorized to administer
oath. In their absence, before a NOTARY
PUBLIC with the requisite Certification.
 CERTIFICATION OF
COMPLAINT &
AFFIDAVITS
The examining officer must certify
that:
He has personally examined the
affiants and that he is satisfied that
they voluntarily executed and
understood their affidavits
2. When complaint is
received:
• Within 10 days after the filing of the
complaint, the investigating officer
shall either dismiss it if he finds no
probable cause, or issue a subpoena
to the respondent attaching to it a
copy of the complaint and its
supporting affidavits and documents.
3. Upon receipt by respondent
of the subpoena:
• Within 10 days from receipt of the
subpoena with the complaint and
affidavits and documents, the
respondent shall submit his counter-
affidavit and that of his witnesses
and other supporting documents
relied upon for his defense, same
must be under oath.
 4. Effect of None Reply by
Respondent of subpoena:
• The none filing by the Respondent of
his Counter-Affidavits within (10)
days period, operates a waiver to
adduce controverting evidence and
the investigating officer shall resolve
the complaint only on the basis of the
evidence presented.
 Will be a hearing be
required in the conduct of
Preliminary Investigation?
• The investigating Officer may set a hearing if
there are facts and issued to be clarified from a
party or a witness. Parties may be present at the
hearing but without right to examine or cross-
examine.
• It shall be held within (10) days from submission
of the counter-Affidavits or from the expiration
of the period of submission and must be
terminated within (5) days.
 5. After the hearing:
• Within (10) days after the investigation,
the investigating officer shall determine
whether there is probable cause to hold
the respondent for trial which decision will
be in the form of a RESOLUTION
together with the Information to be
submitted to his supervisor for approval.
 What is a Resolution?
It is the decision of the Investigating Officer
from the P.I. conducted which shall contain
the ff:
1. That he is an authorized officer;
2. That he found Probable cause and the accused
is probably guilty thereof;
3. That the accused was informed of the
complaint and evidence submitted against him;
4. That he was given an opportunity to submit
controverting evidence.

Otherwise, he shall recommend the dismissal of

the complaint.
6. Upon receipt of the Resolution
by the higher ups:
• Within (10) days from receipt of the
Resolution, supervisors shall inform the
parties of such action. They can affirm,
overrule, amend or modify the decision of
the Investigating Officer. Or, simply file
the information in court.
 7. Upon receipt by the
Judge of the Information:
• Within (10) days from receipt of the
complaint or information, the judge
shall personally evaluate the
resolution of the prosecutor and its
supporting documents.
• He may either dismiss or issue a
warrant of arrest in conformity with
the Bill of Rights of the 1987
Philippine Constitution.