RULE 110 PROSECUTION OF OFFENSES chairman.

The complaint may also be filed if the

settlement is repudiated by the parties.
 How are criminal actions instituted?
 Are there exceptions when the parties may go
Criminal actions shall be instituted as follows: directly to court?

(a) For offenses where a preliminary investigation 1. Where the accused is under detention
is required, by filing the complaint with the proper 2. Where a person has otherwise been
officer for the purpose of conducting the requisite deprived of personal liberty calling for
preliminary investigation. habeas corpus proceedings
(b) For all other offenses, by filing the complaint or 3. Where actions are coupled with provisional
information directly with the MTC or the remedies
complaint with the office of the prosecutor. 4. Where the action may be barred by the
statute of limitations
 What is the effect of the institution of the
criminal action on the period of prescription of  When are amicable settlements not allowed?
the offense?
1. Where one party is the government
The institution of the criminal action shall interrupt 2. Where one party is a public officer or
the running of the period of prescription of the employee and the dispute relates to the
offense unless otherwise provided in special laws. performance of his official functions
The rule does not apply to violations of municipal 3. Offenses punishable by imprisonment
ordinances and special laws. The prescriptive exceeding 1 year or a fine exceeding
periods for violations of special laws are P5,000
interrupted only by the institution of judicial 4. Where there is no private offended party
proceedings for their investigation and punishment, 5. Where the dispute involves real properties
while violations of municipal ordinances prescribe located in different cities or municipalities
after two months. 6. Disputes involving parties who reside in
different barangays, cities, or municipalities
 Distinguish “institution” from 7. Other cases which the President may
“commencement” of an action. determine in the interest of justice or upon
the recommendation of the Secretary of
For offenses which require a preliminary Justice.
investigation, the criminal action is instituted by
filing the complaint for preliminary investigation.  What is the form required for the complaint
The criminal action is commenced when the or information?
complaint or information is filed in court.
The complaint or information shall be in writing, in
 Can the offended party go directly to court to the name of the People of the Philippines and
file a criminal action? against all persons who appear to be responsible
for the offense involved.
No. Before a complaint is filed in court, there
should have been a confrontation between the  Why should a complaint or information be in
parties before the Lupon chairman. The Lupon the name of the People of the Philippines?
secretary must certify that no conciliation or
settlement was reached, attested to by the Lupon

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Criminal actions must be commenced in the name No. The right to file a criminal action is personal
of the People because just as a crime is an outrage and abates upon the death of the offended party. It
against the peace and security of the people at is not transmissible to the heirs.
large, so must its vindication be in the name of the  Can you file a criminal complaint against a
People. However, it the action is instituted in the juridical person?
name of the offended party or of a particular city,
the defect is merely of form and may be cured at No, a criminal action cannot lie against a juridical
any state of the trial. person. It the corporation violates the law, the
officer, through whom the corporation acts,
 Why should the complaint or information be answers criminally for his acts.
in writing?
 May criminal prosecutions be enjoined?
The complaint or information should be in writing
so that the court has a basis for its decision, to No. Public interest requires that criminal acts must
inform the accused of the nature and cause of the be immediately investigated and prosecuted for the
accusation to allow him to present his defense, and protection of society.
so that nobody will forget the charge, given the
fallibility of human memory.  What are the exceptions to the rule that
criminal prosecutions may not be enjoined?
 What is a complaint?
1. To afford adequate protection to
A complaint is a sworn written statement charging constitutional rights of the accused
a person with an offense, subscribed by the 2. When necessary for the orderly
offended party, any peace officer, or other public administration of justice or to avoid
officer charged with the enforcement of the law oppression or multiplicity of actions
violated. 3. Where there is a prejudicial question which
is subjudice
 Who may file a complaint? 4. When the acts of the officer are without or
in excess of authority
The complaint may be filed by the offended party, 5. Where the prosecution is under an invalid
any peace officer, or other public officer charged law, ordinance, or regulation
with the enforcement of the law violated. 6. When double jeopardy is clearly apparent
7. Where the court had no jurisdiction over the
 Who is the “offended party”? offense
8. Where it is a case of persecution rather than
The offended party is the person actually injured or prosecution
whose feeling is offended. He is the one to whom 9. Where the charges are manifestly false and
the offender is also civilly liable under Article 100 motivated by the lust for vengeance
of the RPC. 10. When there is clearly no prima facie case
against the accused and a motion to quash
 If the offended party dies before he is able to on that ground has been denied
file a complaint, can his heirs file it in his 11. Preliminary injunction has been issued by
behalf? the Supreme Court to prevent the
threatened unlawful arrest of petitioners.

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 If the complaint is not sworn to by the The general rule is that all criminal actions
offended party, is it void? commenced by the filing of a complaint or
information shall be prosecuted under the direction
No. A complaint presented by a private person and control of the prosecutor. However, in the
when not sworn to by him is not necessarily void. Municipal Trial Courts and Municipal Circuit Trial
The want of an oath is a mere defect of form which Courts, if the prosecutor is not available, the
does not affect the substantial rights of the offended party, any peace officer, or other officer
defendant on the merits. charged with the enforcement of the law violated
may prosecute. This authority ceases upon actual
 When is a complaint required? intervention by a prosecutor or upon elevation of
the case to the RTC.
A sworn written complaint is required if the
offense is one which cannot be prosecuted de  Can a prosecutor be compelled to file a
officio, or is private in nature (adultery, particular complaint or information?
concubinage, abduction, seduction, acts of
lasciviousness, defamation consisting in the No. A prosecutor is under no compulsion to file a
imputation of any of the above offenses), or where particular criminal information where he is not
it pertains to those cases which need to be convinced that he has evidence to support the
endorsed by specific public authorities (Anti- allegations thereof. The exercise of such judgment
Dummy Board with respect to the Anti-Dummy and discretion may generally not be compelled by
Law, National Water and Air Pollution Control mandamus, except if the prosecutor shows evident
Commission with respect to the Anti-Pollution bias in filing the information and refuses to include
Law). a co-accused without justification. But before
filing for mandamus to compel a fiscal to include
 What is an information? another co-accused in the information, the party
must first avail himself of other remedies such as
An information is an accusation in writing charging the filing of a motion for inclusion.
a person with an offense, subscribed by the
prosecutor and filed with the court.  To whom should you appeal the decision of
the prosecutor?
 What is the difference between a complaint
and an information? The decision of the prosecutor may be modified by
the Secretary of Justice or in special cases by the
COMPLAINT President of the Philippines.
INFORMATION
May be signed by the offended party, any Always signed by prosecuting officer
peace officer, or other public officer charged  Is the prosecutor required to be physically
with the enforcement of the law violated present in the trial of a criminal case?
Sworn to by the person signing it Need not be under oath since the prosecuting
According
officer filing it tois People
already v. Beriales
acting under(1976 case), he
his oath
should be present. If he is not physically present, it
of office
May be filed either with the office of the Always cannot be with
filed said thethatcourt
the prosecution was under his
prosecutor or with the court direction and control.

 Who must prosecute criminal actions? But in People v. Malinao and Bravo v. CA, it was
held that the proceedings are valid even without the
physical presence of the Fiscal who left the

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prosecution to the private prosecutor under his 2. Reinvestigation
supervision and control. 3. Prosecution by the prosecutor
4. Dismissal
 After the case is filed in court, to whom 5. Downgrading of the offense or dropping of
should a motion to dismiss be addressed? the accused even before plea

Once the information is filed in court, the court  What are the limitations on the control by the
acquires jurisdiction. Whatever disposition the Court?
prosecutor may feel should be proper in the case
thereafter should be addressed for the consideration (SINNATRa)
of the court, subject only to the limitation that the
court should not impair the substantial rights of the 1. Prosecution is entitled to Notice of hearing
accused or the right of the people to due process. 2. The Court must Await the result of a
petition for review
 Where should a motion for reinvestigation be 3. The prosecution’s stand to maintain
filed? prosecution should be Respected by the
court
After a complaint or information has already been 4. The ultimate Test of the court’s
filed in court, a motion for reinvestigation should independence is where the prosecutor files
be addressed to the trial judge and to him alone. a motion to dismiss or withdraw the
information
 If, after he has filed the case, the prosecutor 5. The Court has authority to review the
thinks that a prima facie case exists, can he Secretary’s recommendation and reject if it
refuse to prosecute? there is grave abuse of discretion.
6. To reject or grant a motion to dismiss, the
No, he cannot refuse to prosecute. He is obliged court must make its own Independent
by law to proceed and prosecute the criminal assessment of the evidence.
action. He cannot impose his opinion on the court. 7. Judgment is void if there is No independent
assessment and finding of grave abuse of
 What is the distinction between the control discretion.
by the prosecution and the control by the court?
 What are the crimes that must be prosecuted
Before a case is filed in court, the prosecution has upon complaint of the offended party?
control over the following:
1. Adultery and concubinage
1. What case to file 2. Seduction, abduction, acts of lasciviousness
2. Whom to prosecute 3. Defamation which consists in the
3. The manner of prosecution imputation of an offense mentioned above
4. The right to withdraw the case before  What is a private crime?
arraignment even without notice and
hearing. Private offenses are those which cannot be
prosecuted except upon complaint filed by the
After a case is filed in court, the court has control aggrieved party. Strictly speaking, there is no such
over the following: thing as a private offense since all offenses are an
outrage against the State. They are denominated as
1. The suspension of arraignment private offenses only to give deference to the

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offended party who may prefer not to file the case  If the offended party dies during the
instead of going through the scandal of a public pendency of the case, is the criminal liability of
trial. the accused extinguished?

 After a complaint for a private crime has No.

been filed in court, what is the effect of pardon
by the offended party?  X filed a sworn complaint for acts of
lasciviousness before the prosecutor. Before the
The pardon by the offended party will not have any prosecutor could file the case in court, X died.
effect on the prosecution of the offense. Once a Can the prosecutor still file the information in
complaint has been filed in court, jurisdiction over court?
the offense will be acquired and will continue to be
exercised by the court until termination of the case. Yes. The desire of X to file the case is evident by
her filing of her sworn complaint with the
 What is the meaning of the statement that prosecutor.
compliance with the rule is jurisdictional?
 An information for robbery with rape was
This means that the complaint filed by the offended filed against X. X moved to dismiss the
party is what starts the prosecution, without which information on the ground that there was no
the courts cannot exercise their jurisdiction. complaint filed by the offended party. Should
Compliance with the rule does not confer the case be dismissed?
jurisdiction because it is the law which confers
jurisdiction upon the courts. No. In robbery with rape, the complaint of the
offended party is not necessary since the offense of
 Can the father file a complaint on behalf of robbery is not a private offense. The prosecution
his daughter for concubinage? can be commenced without the complaint of the
offended party.
No. The rule allowing the parents, grandparents,
and guardians to file a complaint on behalf of the  When is a complaint or information deemed
minor applies only to the offenses of seduction, sufficient?
abduction, and acts of lasciviousness. A complaint
for adultery or concubinage may be filed only by A complaint or information is sufficient if it states:
the offended spouse.
1. the name of the accused
 If the offended party in abduction, seduction, 2. the designation of the offense given by the
and acts of lasciviousness is of age, can her statute
parents file the complaint for her? 3. the acts or omissions complained of as
constituting the offense
No. If the offended party is already of age, she has 4. the name of the offended party
the exclusive right to file the complaint unless she 5. the approximate date of the commission of
becomes incapacitated. The parents, grandparents, the offense
and guardian only have exclusive, successive 6. the place of the commission of the offense
authority to file the case if the offended party is
still a minor.  When is the error in the name of the accused
not fatal to an information?

5|Page
Error in the name of the accused will not nullify  In what case can an accused not be convicted
the information if it contains sufficient description of a crime different from that designated in the
of the person of the accused. complaint or information even if the recitals
allege the commission of the crime?
 When should the error in the name or
identity be raised by the accused? If it involves:

The error should be raised before arraignment, or 1. a change of the theory of the trial
else it is deemed waived. 2. requires of the defendant a different defense
3. surprises the accused in any way
 X was charged with homicide. Can he be
possibly be convicted of murder?  X was accused of illegal possession of
Yes. If the recitals in the complaint or information firearms, but the information did not allege that
of the acts and omissions constituting the offense X did not have any license to possess the
actually allege murder, X can be convicted of firearm. Is the information valid?
murder. This is because it is the recital of facts and
not the designation of the offense that is No. The absence of the license is an essential
controlling. element of the offense. Therefore, it should be
alleged in the complaint or information.
 X was charged with estafa, but the recital of
facts actually alleges theft. Can X be convicted  X was charged with illegal possession of
of theft? opium. X contends that the information was
invalid for failure to allege that he did not have
Yes, because it is the recital, not the designation of a prescription from a physician. Is X correct?
the offense that is controlling.
No. The absence of the prescription is not an
 X was charged with estafa, and the recital of essential element of the offense and is only a
facts allege estafa. Can X be convicted of theft? matter of defense. It need not be alleged in the
information.
No. The two crimes have elements that are
different from each other. To convict X of theft  What are the offenses in which the particular
under an information that alleges estafa would place where the offense was committed is
violate his right to be informed of the nature and essential?
cause of the accusation against him.
1. Violation of domicile
 X was charged with rape committed through 2. Penalty on the keeper, watchman, visitor of
force and intimidation. Can he be convicted of opium den
rape where the woman is deprived of reason or 3. Trespass to dwelling
is otherwise unconscious? 4. Violation of election law (prohibiting the
carrying of a deadly weapon within a 30-
No. Where the law distinguishes between two meter radius of polling places)
cases of violation of its provision, the complaint or
information must specify under which of the two  What are the offenses in which the time of the
cases the defendant is being charged. commission of the offense is essential?

1. Infanticide

6|Page
 2. Violation of Sunday Statutes (Election It depends. If he objects to the duplicitous
Law) information before arraignment, he cannot be
3. Abortion convicted under the information. But if he fails to
object before arraignment, he can be convicted of
 In what case is the name of the offended as many offenses as there are in the information.
party dispensable?
 What is the principle of absorption?
In offenses against property, the name of the
offended party may be dispensed with as long as In cases of rebellion, other crimes committed in the
the object taken or destroyed is particularly course of the crime are deemed absorbed in the
described to property identify the offense. crime of rebellion either as a means necessary for
its commission or as an unintended effect of
 In what cases is the name of the offended rebellion. They cannot be charged as separate
party indispensable? offenses in themselves. The exception is when the
common crimes are committed without any
Slander, robbery with violence or intimidation. political motivation. In such a case, they will not
be absorbed by rebellion.
 What is the rule on duplicity of offenses?
 If homicide or murder is committed with the
A complaint or information must charge only one use of an unlicensed firearm, how many offenses
offense, except when the law provides only one are there?
punishment for various offenses (compound and
complex crimes under Art. 48 of the RPC and There is only one offense – murder or homicide
special complex crimes). aggravated by the use of unlicensed firearm. This
is by special provision of RA 8294. (Dissenting
 What is the effect of the failure of the accused opinion of J. Sabio – How can you complex when
to object to a duplicitous information? one is an RPC offense/malum in se and the other is
a violation of a special law/malum prohibitum?)
If the accused fails to object before arraignment,
the right is deemed waived, and he may be  X was speeding on a highway when his car
convicted of as many offenses as there are charged. collided with another car. The other car was
totally wrecked and the driver of the other car
 X fired his gun once, but the bullet killed two suffered serious physical injuries. How many
persons. He was charged with two counts of informations or complaints should be filed
homicide in one information. Can he be against X?
convicted under that information?
Only one information should be filed for serious
Yes. It falls under the exception to the rule. This physical injuries and damage to property through
is a compound crime in which one act results in reckless imprudence. The information against X
two or more grave or less grave felonies. The law cannot be split into two because there was only one
provides only one penalty for the two offenses. negligent act resulting in serious physical injuries
and damage to property.
 X was charged with both robbery and estafa
in one information. Can he be convicted of both  Same case, but the injuries suffered by the
offenses? driver were only slight physical injuries. How
many informations should be filed?

7|Page
 2. Amendment before plea can be effected
Two informations – one for the slight physical without leave of court, but substitution is
injuries and the other for damage to property. always done with leave of court since it
Light felonies cannot be complexed. involves the dismissal of the original
complaint.
 When can a complaint or information be 3. Where the amendment is only as to form,
amended? there is no need for a new preliminary
investigation or plea; in substitution,
BEFORE PLEA, a complaint or information can be another preliminary investigation and plea
amended in form or in substance without leave of is required.
court, except if the amendment will downgrade the 4. An amended information refers to the same
offense or drop an accused from the complaint or offense charged or to one which necessarily
information. In such a case, the following includes or is necessarily included in the
requisites must be observed: original charge, hence substantial
amendments after plea cannot be made over
1. must be made upon motion of the the objection of the accused. Substitution
prosecutor requires that the new information is for a
2. with notice to the offended party different offense which does not include or
3. with leave of court is not necessarily included in the original
4. the court must state its reason in resolving charge.
the motion
5. copies of the resolution should be furnished  When are the rights of the accused
all parties, expecially the offended party prejudiced by an amendment?

AFTER PLEA, only formal amendments may be 1. When a defense which he had under the
made only with leave of court and when it can be original information would no longer be
done without causing prejudice to the rights of the available
accused. 2. When any evidence which he had under the
original information would no longer be
 When can a complaint or information be available
substituted? 3. When any evidence which he had under the
original information would not longer be
A complaint or information may be substituted if at applicable to the amended information
any time before judgment, it appears that a mistake
has been made in charging the proper offense, and  What are substantial amendments?
the accused cannot be convicted of the offense
charged or of any other offense necessarily After plea, substantial amendments are prohibited.
included therein, provided that he will not be These are amendments involving the recital of facts
placed in double jeopardy. constituting the offense and determinative of the
jurisdiction of the court. All other matters are
 What are the distinctions between merely of form.
amendment and substitution?
 Is an additional allegation of habitual
1. Amendment may involve either formal or delinquency and recidivism a substantial
substantial changes, while substitution amendment?
necessarily involves a substantial change.

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No. These allegations only relate to the range of a. In the court of the municipality or territory
the imposable penalty but not the nature of the where the offense was committed or where any of
offense. its essential ingredients occurred (Exception:
Sandiganbayan cases)
 Is an additional allegation of conspiracy a
substantial amendment? b. If committed in a train, aircraft, or other public
or private vehicle: in the court of any municipality
Yes because it changes the theory of the defense. or territory where the vehicle passed during its trip,
It makes the accused liable not only for his own including the place of departure or arrival
acts but also for those of his co-conspirators. (Old
J. Sabio answer) c. If committed on board a vessel in the course of
its voyage: in the court of the first port of entry or
The new answer is: No, it is not a substantial of any municipality or territory where the vessel
amendment in the following example: X is charged passed during the voyage, subject to the generally
with murder as principal. Later, the complaint is accepted principles of international law
amended to include two other persons who
allegedly conspired with X. Can X invoke double d. Crimes committed outside the Phil but
jeopardy on the ground that the amendment is punishable under Article 2 of the RPC: any court
substantial?  No. The amendment is merely a where the action is first filed.
formal amendment because it does not prejudice
the rights of X, who was charged as a principal to  What is a continuing or transitory offense?
begin with.
Transitory offenses are crimes where some acts
 Is a change in the items stolen by the accused material and essential to the crimes and requisite to
a substantial amendment? their commission occur in one municipality or
territory and some in another. Continuing offenses
Yes because it affects the essence of the imputed are consummated in one place, yet by the nature of
crime and would deprive the accused of the the offense, the violation of the law is deemed
opportunity to meet all the allegations in continuing. Examples are estafa, abduction,
preparation of his defense. malversation, libel, kidnapping, violation of BP22.

 Is a change in the nature of the offense due to  How do you determine jurisdiction over a
supervening event a substantial amendment? continuing crime?

No, it is merely a formal amendment. The courts of the territories where the essential
ingredients of the crime took place have concurrent
 Can the court order the dismissal of the jurisdiction. But the court which first acquires
original complaint before a new one is filed in jurisdiction excludes the other courts.
substitution?
 What are the rules on venue in libel cases?
No. The court will not order the dismissal until the
new information is filed. a. The criminal action for libel may be filed in the
RTC of the province or the city where the libelous
 Where should a criminal action be instituted? article is printed and first published.
b. If the offended party is a private individual, the
criminal action may also be filed in the RTC of the

9|Page
province where he actually resided at the time of 1. That advantage be taken by the offender
the commission of the offense. of his public position.
c. If the offended party is a public officer whose
office is in Manila at the time of the commission of 2. That the crime be committed in contempt
the offense, the criminal action may be filed in the or with insult to the public authorities.
RTC of Manila.
d. If the offended party is a public officer whose 3. That the act be committed with insult or
office is outside Manila, the action may be filed in in disregard of the respect due the offended
the RTC of the province or city where he held party on account of his rank, age, or sex, or
office at the time of the commission of the offense. that is be committed in the dwelling of the
offended party, if the latter has not given
 Can the offended party intervene in the provocation.
prosecution of the criminal action?
4. That the act be committed with abuse of
Yes, except if he has waived, has reserved his confidence or obvious ungratefulness.
right, or has already instituted the criminal action.
The reason for this rule is because of Article 100 of 5. That the crime be committed in the
the RPC which provides that every person palace of the Chief Executive or in his
criminally liable shall also be civilly liable and also presence, or where public authorities are
because there are certain offenses which cannot be engaged in the discharge of their duties, or
prosecuted except upon complaint of the offended in a place dedicated to religious worship.
party.
6. That the crime be committed in the night
 Do the offended parties have the right to time, or in an uninhabited place, or by a
move for the dismissal of a case? band, whenever such circumstances may
facilitate the commission of the offense.
No. The right belongs only to the government
prosecutor who is the representative of the Whenever more than three armed
plaintiff. malefactors shall have acted together in the
commission of an offense, it shall be
 Can the offended party file a civil action for deemed to have been committed by a band.
certiorari in his own name if the RTC dismisses
an information? 7. That the crime be committed on the
occasion of a conflagration, shipwreck,
Yes. In case of grave abuse of discretion earthquake, epidemic or other calamity or
amounting to lack of jurisdiction, the petition may misfortune.
be filed by the offended party because the offended
party has an interest in the civil aspect of the case. 8. That the crime be committed with the aid
of armed men or persons who insure or
afford impunity.
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY 9. That the accused is a recidivist.

Article 14. Aggravating circumstances. - The A recidivist is one who, at the time of his
following are aggravating circumstances: trial for one crime, shall have been
previously convicted by final judgment of

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another crime embraced in the same title of 18. That the crime be committed after an
this Code. unlawful entry.

10. That the offender has been previously There is an unlawful entry when an
punished by an offense to which the law entrance of a crime a wall, roof, floor, door,
attaches an equal or greater penalty or for or window be broken.
two or more crimes to which it attaches a
lighter penalty. 20. That the crime be committed with the
aid of persons under fifteen years of age or
11. That the crime be committed in by means of motor vehicles, motorized
consideration of a price, reward, or watercraft, airships, or other similar means.
promise. (As amended by RA 5438).

12. That the crime be committed by means 21. That the wrong done in the commission
of inundation, fire, poison, explosion, of the crime be deliberately augmented by
stranding of a vessel or international causing other wrong not necessary for its
damage thereto, derailment of a locomotive, commissions.
or by the use of any other artifice involving
great waste and ruin. Article 266. Slight physical injuries and maltreatment. -
The crime of slight physical injuries shall be punished:
13. That the act be committed with
evidence premeditation. 1. By arresto menor when the offender has
inflicted physical injuries which shall incapacitate
the offended party for labor from one to nine
14. That the craft, fraud or disguise be days, or shall require medical attendance during
employed. the same period.

15. That advantage be taken of superior 2. By arresto menor or a fine not exceeding 20
strength, or means be employed to weaken pesos and censure when the offender has caused
the defense. physical injuries which do not prevent the
offended party from engaging in his habitual work
nor require medical assistance.
16. That the act be committed with
treachery (alevosia). 3. By arresto menor in its minimum period or a
fine not exceeding 50 pesos when the offender
There is treachery when the offender shall ill-treat another by deed without causing any
commits any of the crimes against the injury.
person, employing means, methods, or
forms in the execution thereof which tend
directly and specially to insure its
execution, without risk to himself arising
from the defense which the offended party
might make.

17. That means be employed or

circumstances brought about which add
ignominy to the natural effects of the act.

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