CRIMINAL PROCEDURE

Part II Effect of the institution of the criminal action on the prescriptive

period:
PROSECUTION OF OFFENSES Sec. 1, Rule 110—
Rule 110 The present rule categorically provides:
Section 1 – Institution of Criminal Actions “The institution of the criminal action shall interrupt the period
• For offenses where a Preliminary Investigation (PI) is of prescription of the offense charged unless otherwise
required pursuant to Rule 112, Sec. 1, by filing the provided in special laws”
complaint with the proper officer for the purpose of Hence, whether the criminal action is instituted with the
conducting the requisite preliminary investigation Prosecutor’s Office (for offenses where PI is required) or for
• For all other offenses, by filing the complaint or information those that not require PI but cases within the jurisdiction of the
directly with the Municipal Trial Court and Municipal Circuit METC or MTCC or those directly with the MTC or MCTC –it
Trial Courts, or the complaint with the Office of the shall both interrupt the period of prescription of the offense
Prosecutor. In Manila and other chartered cities, the charged – unless there be a special law providing otherwise.
complaint shall be filed with the Office of the Prosecutor, Rule on prescription for violation of municipal ordinances
unless otherwise provided in their charters. and special law:
• In the more recent case of Pp. vs. Pangilinan involving
Purpose of Criminal Action violation of Bp. 22, June 13, 2012 is enlightening when the
• In its purest terms is to determine the penal liability of the SC declared that there is no more distinction between the
accused for having outrages the state with his crime, and if cases under the RPC and those covered by Special Laws
found guilty, to punish him for it. In this case, the parties to with respect to the interruption of the period of
the action are the People of the Philippines and the prescription. The ruling in Zaldivia is not controlling in
accused, the offended party (victim) is regarded only as a special laws, such as that in cases involving Special Laws
witness for the state. It is an offense against the state, the institution of proceedings for PI against the accused
hence filed in the name of the People of the Philippines vs. interrupts the period of prescription. In the SEC case the
the accused. court even ruled that the investigation conducted by the
(Heirs of Sarah Marie Palma Burgos vs. CA 169714, Feb. the SEC for the violations of the Revised Security Act and
8, 2010) the Securities Regulation Code effectively interrupts the
prescription between the prescription period because it is
How criminal actions are instituted? equivalent to the preliminary investigation conducted by
• It depends whether or not the offense is one which the DOJ in criminal cases.
requires a preliminary investigation. • Lastly, even the filing of the criminal complaints with the
• If it is required a criminal actions is instituted by filing the Office of the Ombudsman effectively interrupts the running
complaint with the Prosecutor’s Office for the purpose of of the prescriptive period. Therefore, the prevailing rule is
conducting the requisite Preliminary Investigation therefore that irrespective of whether the offense charged
(Sec. 1, Rule 110) is punishable by the RPC or by a special law, it is the
filing of the complaint or information in the office of the
When PI is required? (Mandatory) public prosecutor for purposes of preliminary investigation
• for offenses punishable of imprisonment of at least 4 that interrupts the period of prescription
years, 2 months and 1 day regardless of fine (PC in its • (Disini vs. SandiganBayan Sept. 11, 2013)
medium period)
• if accused was arrested lawfully without a warrant, Interruption of the period of prescription even if the court is
complaint or information may be filed without a PI, unless without jurisdiction
the accused asks for a PI and waives his rights under 125 The running of the period of prescription is interrupted with the
of the RPC – “Arbitrary Detention” filing of the action even of the court in which the action was first
filed is without jurisdiction.
What is PI? (Rule 112)
Is an inquiry or a proceeding to determine whether there is Prosecution of the criminal action:
sufficient ground to engender well-founded belief that a crime Who must prosecute the criminal action; who controls the
has been committed and the respondent is probably guilty prosecution?
thereof and should be held for trial. A criminal action is prosecuted under the direction and control
of the public prosecutor. This is the general rule and applies to
Where PI is not required – meaning below 4yrs, 2 months and a criminal action commenced either by a complaint or
1 day – a criminal action is filed/instituted. information. Even if there is a private prosecutor, the criminal
• By filing the complaint or information directly with the MTC action is still prosecuted under the direction and control of the
and MCTC or public prosecutor. A private party does not have the legal
• By filing the complaint with the Prosecutor’s Office (when personality to prosecute the criminal aspect of a case, as it is
offenses are committed in Manila (METC) and other the People of the Philippines who are the real parties in interest
chartered cities (MTCC) unless otherwise provided in their in a criminal case
charters.
• Therefore, in Manila and other chartered cities, a special Prosecution of the criminal action:
rule prevails. In these places, the rule is that “ the • All criminal action shall be prosecuted under the direct
complaint shall be filed with the office of the prosecutor supervision and control of the public prosecutor, even if
unless otherwise provided in their charters.” there is a private prosecutor, the CA is still prosecuted
 under the direct supervision and control of the public • Criminal action in MTC or MCTC shall all be prosecuted
prosecutor. under the direction and control of the Public Prosecutor
• Rational, because the rule says so – all CA shall be (Sec 5, Rule 110) however, when a prosecutor is not
prosecuted under the direction and control of a public available, the action may be prosecuted by 1) offended
prosecutor – because it is an offense against the state. It party 2) by any peace officer 3) Public Officer charged with
necessarily follows that a representative of the state shall enforcement of law violated.
direct and control the supervision thereof. • While the public prosecutors of the DOJ represent the
• why – theory that a crime is a breach of the security and People of the Philippines in the trial of criminal cases, the
peace of the people at large an outrage of the very Office of the Solicitor General (OSG) represents the state
sovereignty of the state in the APPEAL of criminal cases to the CA or the SC,
• (Baviera vs. Paglinawan, Feb 8, 2007) which is the law office of the government.
• Hence: If there is a dismissal of a criminal case or an
Prosecution of the criminal action: acquittal of the accused by the trial court, it is only the
Under direct control and supervision means: OSG that may bring an appeal with regard to the criminal
The prosecutor in the exercise of his functions has the power aspect representing the people. An appeal not filed by the
and discretion to: OSG is perforce dismissible. The private complainant or
• determine whether a prima facie case exists, the the offended party or even the accused may however file
discretion of whether what and whom to charge, an appeal without the intervention of the OSG but only in
(mandamus cannot compel prosecutor to prosecute so far as the civil liability of the accused is concerned.
unless there is unmistakable showing of grave abuse Private complainant may even file special civil without the
of discretion) intervention of the OSG but only to the end of preserving
• decide which of the conflicting testimonies should be his interest in the civil aspect of the case, the petition must
believed free from the interference and control of the refer to the civil aspect of the case.
offended party. • (Pp.vs. Alapan Jan, 10, 2018)
• subject only the right against self incrimination, • The private complainant or the offended party may
determine which witness to present in court question such dismissal or acquittal only in so far as the
• The public prosecutor may turn over the actual civil liability of the accused is concerned. Either the private
prosecution of the criminal case to the private offended party or the accused may appeal the civil aspect
prosecutor but he may, at any time, take over the of the judgment despite the acquittal of the accused. The
actual conduct of the trial. real party in interest in the civil aspect of a decision are the
• The public prosecutor can ask can ask additional offended party and the accused. The public prosecutor
questions after the private prosecutor is done with his has generally no interest in appealing the civil aspect of
questions, the judge need not consult the private the decision acquitting the accused. The acquittal ends the
prosecutor before granting leave to the public work of the public prosecutor and the case is terminated
prosecutor as far as he is concerned
(Pp.vs. Tan 549 SCRA 489) • (Cruz vs. CA 388 Scra 72)
• To determine who should be utilized as a state
witness. Prosecution of the criminal action:
NOTE:
Prosecution of the criminal action: • GR: Appeal in the criminal aspect of a decision dismissing
In Pinote vs. Ayco, where the trial judge allowed the defense the criminal case or acquitting the accused by a trial court
to present evidence consisting the testimony of two witnesses must be instituted by the Solicitor General on behalf of the
even in the absence of the public prosecutor charged with state.  
prosecuting the case. The prosecutor at the time was • XPN: Like matters of procedure, the rule has been liberally
undergoing medical treatment at the Philippine Heart Center., interpreted by the Court in the following instances, when
insisting that the proceedings conducted in his absence were the offended party may be permitted to seek a review of
void, the public prosecutor refused to cress-examine the two the criminal aspect of the case without the intervention of
defense witnesses despite being ordered by the judge. The the OSG:
judge then considered the prosecution to have waived the • When there is a denial of due process of law to the
cross examination, in an administrative case filed by the prosecution and the state or its agent refused to act on the
prosecutor against the judge, the OCA under Sec. 5 Rule 110 case to the prejudice of the state and the private offended
of the Revised Rules on Criminal Procedure found respondent party;
judge to have breached said rule. The presence of the public • When there is grave error committed by the judge
prosecutor in the trial of criminal cases is necessary to protect • When the interest of justice so requires
the vital interests, foremost of which is its interest to vindicate (Morillo vs. Pp Dec. 9, 2015)
the rule of law. The bedrock of peace of the people. The act of
allowing the presentation of the defense witnesses in the Prosecution of the criminal action:
absence of the public prosecutor designated for the purpose is • In criminal cases, the OSG is the appellate counsel of the
a clear transgression of the rules which could not be rectified Republic of the Philippines and should be given an
by subsequently giving the prosecution a chance to cross opportunity to be heard on behalf of the people, if the
examine the witnesses. appellate court failed to notify the Solicitor General of its
resolution on a petition filed by the accused and to require
Prosecution of criminal action in the Municipal Trial Court it to file its comment, this failure has deprived the
(MTC) and Municipal Circuit Trial Court (MCTC)
 prosecution of a fair opportunity to prosecute and prove its the civil action (for the recovery of civil liability is instituted
case (Pp/vs. Duca 603 SCRA 159) together with the criminal action pursuant to Sec. 16 Rule
• The conformity of the Assistant City Prosecutor to a 110 and of Rule 111 of the RCP)
Petition for Review before the CA is insufficient as the rule • Hence, the offended party may not intervene in the
and jurisprudence mandate that the same should be filed prosecution of the offense, thru a private prosecutor if the
by the OSG who is solely vested with the authority to offended party a) waives the civil action for the recovery of
represent the people in the Court of Appeals or in the SC. the civil liability b) reserves the right to institute it
• While the private prosecutor maybe allowed to intervene in separately or c) institutes the civil action prior to the
criminal proceedings on appeal in the CA or the SC, his criminal action. The reason is that there is no civil liability
participation is subordinate to the interests of the People, which would supply a basis for the intervention of the
hence he cannot be permitted to adopt a position contrary offended party thru his counsel or private prosecutor, The
to that of the Solicitor General. presence of a private prosecutor in the criminal action may
be objected to by the accused.
Appearance of the Special Prosecutor of the Ombudsman:
• Appeal of criminal cases decided by the trial court to the Written authorization to prosecute criminal cases:
CA or SC, the state shall be represented by the OSG • In cases where the offended party intervenes in the
• In all cases elevated to the Sandiganbayan and from the prosecution of the criminal case thru a private prosecutor,
Sandiganbayan to the SC, the Office of the Ombudsman he may prosecute the criminal action up to the end of the
thru its special prosecutors shall represent the state trial, even in the absence of the public prosecutor, If he is
except in cases filed pursuant to EO Nos. 1,2,14 and 14-A authorized to do so in writing . This written authorization
issued in 1986 shall be given by the Chief of the Prosecution Service or
the Regional State Prosecutor. The written authorization in
Prosecution and Violation of Special Laws: order to be given effect must however, be approved by the
• Where the offense is a violation of a special law, the same court.
shall be prosecuted pursuant to the provisions of said law. • (Sec. 5, Rule 110, Rules of Court. AM Circular No. 02-2-
(sec 5, Rule 110) 07-SC, May 1, 2002).
• Ex. A criminal charge for violation of the SEC is a • Reasons for private prosecutors to be authorized to
specialized dispute. Hence, by law, it must first be referred prosecute criminal cases 1) public prosecutor has a heavy
to an administrative agency of special competence. work schedule, or b) there is lack of public prosecutors,
• In the prosecution of special laws, the exigencies of public and once so authorized to prosecute the criminal action,
service sometimes require the designation of special the private prosecutor shall continue to prosecute the case
prosecutors from different government agencies to assist up to the end of the trial, unless the authority is revoked or
the public prosecutor. The designation does not however otherwise withdrawn. Nonetheless the prosecution by the
detract from the public prosecutor having control and private prosecution shall under be the direction and control
supervision over the case. of the public prosecutor.
• (Bureau of Customs vs. Sherman 648 Scra 809)
New Rule affecting appearance of a private prosecutor in a
Intervention of the Offended Party in the Prosecution of criminal case:
the Criminal Case • Pursuant to the Revised Guidelines For Continuous Trial
• A fundamental Principle in Criminal Law is the rule that “ For Criminal Cases effective Sept. 1, 2017, in cases where
Every person criminally liable is also civilly liable” (Art. 100 only the civil liability is being prosecuted by the private
of the RPC). Thus generally, a person convicted of a crime prosecutor, the head of the prosecution must issue a
is both criminally and civilly liable. written authority to try the case even in the absence of the
• Underlying the legal principle is the traditional theory that public prosecutor, this will be submitted to the Court, with
when a person commits a crime, he offends two entities, this on record the court may set the trial in the case and in
namely: 1) the society in which he lives in or the political other cases tried by the private prosecutors with delegated
entity, called the state, whose law he has violated; 2) the authority on separate days when the presence of the
individual member of that society whose person right, public prosecutor maybe dispensed with. This rule
honor, chastity of property was actually or directly injured obviously does not apply when the private prosecutor
or damaged by the same punishable act or omission appears both for civil and criminal liability which is Sec 5,
(Lee Pue Liong vs Chua Pue Chin Lee Aug 27, 2013) Rule 110.
• It is because of the existence of a civil liability involved in a
crime that the offended party is allowed to intervene in the CIVIL LIABILITY
prosecution of the offense. Thus, sec. 16 of Rule 110 • The civil liability for a crime includes restitution, reparation
provides that “where the civil action for the recovery of civil and indemnification for consequential damages (Art. 104
liability is instituted in the criminal action pursuant to Rule of the RPC). Accordingly, the sole purpose of the civil
111, the offended party may intervene by counsel in the action is for the restitution, reparation, or the
prosecution of the defense. indemnification of the private offended party for the
damage or injury he sustained by reason of the delictual or
How offended party intervenes in the prosecution of the felonious act of the accused.
criminal case? • Except when the civil liability is extinguished, the offender
• An offended party may secure the services of a private shall be obliged to satisfy the civil liability resulting from
counsel or a lawyer of his own choice, a private prosecutor the crime committed by him, even if he has already served
to prosecute the case. However, this is allowed only where his sentence consisting of deprivation of liberty or other
 rights, or has not been required to serve the same by civil action may proceed independently if the criminal
reason of amnesty, pardon, commutation of sentence or proceedings and regardless of the result of the latter
any other reasons Art. 32 – any public officer or employee, or any private
(Art.113, RPC) individual, who directly or indirectly obstructs, defeats, violates,
or in any manner impedes or impairs any of the following rights
Concept of civil liability – every person criminally liable is and liberties of another person shall be liable for damages
also civilly liable because in a criminal offense there are 2 Art. 33. In cases of defamation, fraud, and physical injuries a
offended parties. The state and the private offended party. civil action for damages, entirely separate and distinct from the
• Even if the criminal complaint did not contain an allegation criminal action, may be brought by the injured party. Such civil
for damages, the offender/accused upon conviction is still action shall proceed independently of the criminal prosecution
liable if it is proven that the victim suffered damages – and shall require only a preponderance of evidence.
because every person criminally liable is also civilly liable, Art. 34. When a member of a city or municipal police force
• Rule on payment of docket fees on civil liability -- estafa, refuses or fails to render aid or protection to any person in case
BP 22, actual damages of danger to life or property, such police officer shall be
• Under Sec. 1 of Rule 111 of the 2000 rules of Criminal primarily liable for damages and the city or municipality shall be
Procedure, “when a criminal action is instituted, the civil subsidiary responsible therefor. The civil action herein
action for the recovery of civil liability arising from the recognized shall be independent of any criminal proceedings
offense charged shall be deemed instituted with the and a preponderance of evidence shall suffice to support such
criminal action, unless the offended party waives the civil action.
action, reserves the right to institute it separately or Art. 2176. Whoever by act or omission causes damage to
institutes the civil action prior to the criminal action another, there being fault or negligence, is obliged to pay for
• deemed instituted – refers only to the “civil liability the damage done. Such fault or negligence, if there is no pre-
of the accused arising from the offense charged” existing contractual relation between the parties, is called a
• Not those arising from the offense charged like quasi-delict and is governed by the provisions of this Chapter.
the “independent civil actions” referred to in Art. Art. 2177. Responsibility for fault or negligence under the
32, 33, 34 and 2176 of the Civil Code – there are preceding article is entirely separate and distinct from the civil
no deemed instituted with the criminal action liability arising from negligence under the Penal Code. But the
• Can be filed independently and separately and plaintiff cannot recover damages twice for the same act or
can still intervene in the prosecution of the omission of the defendant.
offense
Note: The civil actions referred to in Art. 32, 33, 34 and
Art. 32, 33, 34 and 2176 of the Civil Code not deemed Art.2176 shall remain separate, distinct and independent of any
instituted with the criminal action. criminal action/prosecution which maybe based on the same
• these actions under Sec. 3 of Rule 111 shall proceed act. Ex. Driver of a common by his negligent act causes
independently of the criminal action – hence allowed to serious injuries to a pedestrian, he is 1) civilly liable as a result
proceed independently and separately from the criminal of the felonious act – RPC – reckless imprudence resulting to
action because they are separate, distinct, and SPI 2) civilly liable under 2176 – quasi delict or culpa aquiliana
independent of any criminal action even if based on the -- 2176 – the latter even if resulting from same negligent act is
same act which gave rise to the criminal action. separate and independent of the crime
• Hence, even or despite the independent civil of actions
brought under Art. 32, 33, 34 and 2176 of the Civil Code, • Again, civil liabilities arising from “independent civil action”
even if the civil action thereon is filed separately “the ex and “quasi delict” do not arise from the felony or crime –
delicto civil liability” in the criminal prosecution remains but have distinct source from the law or the Civil Code.
and the offended party may subject to the control of the They are hence not covered by the provision of the RPC
prosecutor – still intervenes in the CA – in order to protect declaring the persons liable for a felony are also civilly
the civil interest therein. liable.
(Phil Rabbit Busline vs People, April 14, 2004) • When criminal action may give rise to independent civil
action or in cases involving physical injuries – fraud or
defamation or when the act committed to by the criminal
also constitute quasi delicti –

Prosecution of adultery and concubinage

• Shall not be prosecuted except upon a complaint filed by
the offended spouse (Sec 5 Rule 110)
• Means the prosecution cannot prosecute the case where
no complaint is filed by the offended party
• Cannot be instituted against the party alone. It must be
instituted against both guilty parties, unless one of them is
no longer alive
• Cannot be instituted if it is shown that the offended party
has consented to the offense or has pardoned the
offenders (Sec 5, 2nd par.) Since the rule does not
distinguish, the pardon may be expressed or implied.
Art. 31 – When the civil action is based on an obligation not
(PP vs. Ilarde, 125 Scra 11)
arising from an act or omission complained of as a felony, such
• The offense of SAAL – shall not be prosecuted except – Complaint is not a mere statement – it is a statement charging
upon a complaint filed by the 1) offended party or 2) her a person with an offense. It must be sworn and in writing and
parents 3) grandparents or guardian nor in any case if the subscribed only by the following persons specified by the rules:
offender has been expressly pardoned by any of them. 1. offended party
Pardon here must be expressly made as the rule stated. 2. any peace officer
• The State shall initiate the criminal action in her behalf “if 3. or other public officer charged with the enforcement of the
the offended party dies or becomes incapacitated before law violated
she can file the complaint and she has no known parents,
grandparents or guardian – the state is the last in the order • It is not filed in the name of a private person, it is filed in
and only in the absence of the enumerated persons. the name of the People of the Philippines
• It is filed against all persons who appear to be responsible
Can a minor file the criminal action? for the offense involved
Yes, the offended party even if a minor has the right to initiate • Private offended parties have limited roles in criminal
the prosecution of the offense independently of her parents, cases. They are only witnesses for the prosecution. Does
grandparents or guardian except if he is incompetent or when the criminal cases is dismissed or the accused is
incapable of doing so (Sec 5 par. 4) acquitted on the merits, the private offended party may not
• If minor fails – parents, grandparent, or guardian. appeal because the aggrieved party is the People of the
• RA 7610 –(Special Protection of Children against child Philippines. But the private offended party may appeal the
abuse, Exploitation and Discrimination Act) – complaint on civil aspect of the case – thus a special civil action for
cases of unlawful acts mentioned in the law committed certiorari, questioning the decision of the court on
against children may be filed by the ff: jurisdictional grounds
• Offended party • In doing so, he does not bring the appeal in the name of
• Parents or guardians the People of the Philippines but in his own personal
• Ascendants or collateral relative within the 3 rd degree of capacity
consanguinity • The Office of the Solicitor General
• Officer, Social Worker or representative of a licensed
child-caring institution Information
• Officer, Social Worker of the DSWD • is an accusation in writing charging a person with an
• Barangay chairman offense subscribed by the prosecutor and filed with the
• At least 3 concerned citizens where the violation occurred court. (Sec. 4)
• In writing need not be sworn unlike a complaint – only the
Prosecution of defamation prosecutor is authorized to subscribe the information
Only the offended party can file the criminal action. The • When a complaint; an information is filed in the name of
defamation under this rule consists in the imputation of the People of the Philippines against all persons who
adultery, concubinage, seduction, abduction, and acts of appear to be responsible for the offense involved.
lasciviousness . A defamation that consists in the imputation of
other crimes is not covered by this rule. (Sec 5) Complaint vs Information

Prosecution of Rape
• The crime of rape was previously classified as a crime
against chastity, which included adultery, concubinage,
seduction, abduction and acts of lasciviousness, among
others under Title 11 of the RPC.
• Pursuant to an amendment under RA 8353 (Oct. 22, 1997)
the crime of rape was reclassified as a crime against
persons. Thus, prosecution for such crime may now be
commenced in court even by the filing of an information by
the public prosecutor.

COMPLAINT AND INFORMATION

Sec. 2 – the complaint or information
Sufficiency of the Complaint or information
“The complaint or information shall be in writing, in the name of
Bar 1994-2001
the People of the Philippines and against all persons who
A complaint or an information is deemed sufficient if it contains
appear to be responsible for the offense involved
the ff:
Sec. 3 – Complaint defined
• The name of the accused, it eh offense is committed by
“A complaint is a sworn written statement charging a person
more than one person, all of them shall be included in the
with an offense, subscribed by the offended party, any peace
complaint or information
officer, or other public officer charged with the enforcement of
• The designation of the offense given by the statute
the law violated
• The acts or omissions complained of constituting the
Sec. 4 – Information defined
offense
“An information is an accusation in writing charging a person
• The name of the offended party
with an offense, subscribed by the prosecutor and filed with the
• The appropriate date of the commission of the offense
court”
• The place where the offense was committed (Sec 6)
 • Sec. 11 of Rule 110 also provides that it is not necessary
Test of Sufficiency of the Complaint or Information to state in the complaint or information the precise date of
• Test is whether the crime is described in intelligible terms the commission of the offense – except – when the date is
with such particularity as to apprise the accused with a material element of the offense.
reasonable certainty of the crime charged to enable the • The offense can be alleged to have been committed on a
accused to suitable prepare for his defense. date as near as possible to the actual date of commission.
• (Lazarte vs Sandiganbayan March 13, 2009) “ sometime in the month of October, 2001” or “In the
• Because the purpose for the required that an information first week of July”
should be valid and sufficient is to enable the accused to • What is important at the minimum – is that an indictment
suitably prepare for his defense – since he is pressured to or charge must contain all the essential elements of the
have no independent knowledge of the facts that offense charged to enable the accused to meet the charge
constitute the offense and duly prepare for his defense (Sec 11)
• (PP vs Cenco Dec 4, 2009) • Allegation of date/time need not be of absolute accuracy, it
• For an information to be sufficient, it must validly charge is enough that the accused is sufficiently apprised of the
an offense. Whether an information validly charges an date of the commission of the offense.
offense depends on whether the material facts alleged in
the complaint or information shall essentially establish the How to state names of the accused
essential elements of the offense charged. (Java vs. • Sec. 7 –rules in designating names of the accused
People Jan. 28, 2013/ Fianza vs. PP Aug.2, 2017). In establishes the following rules:
other words, in criminal prosecutions, every element • Information must state the name and surname of the
constituting the offense must be alleged in the information accused or any appellation or nickname by which he has
before an accused can be convicted of the offense been or is known
charged. • If his name cannot be ascertained, he must described
under a fictitious name – a description of the accused
The right to question the sufficiency of an information under a fictitious name must be accompanied by a
should be before arraignment statement that his true name is unknown
“An accused is deemed to have waived his right if he fails to • If later his true name is disclosed by him or becomes
object upon his arraignment or during trial. In either case, the known in some other manner, his true name shall be
evidence presented during trial can cure the defect in the inserted in the complaint or information and in the records
information.” of the case
• Waived – if he voluntarily entered his plea and participated • -a mistake in the name of the accused is not equivalent
in the trial and does not necessarily amount to, a mistake in the
• Objections as to the form of a complaint or information identity if the accused especially when sufficient evidence
cannot be made for the first time on appeal, hence the is adduced to show that the accused is pointed to as one
accused-appellant should move before arraignment, either of the perpetrators of the crime (PP vs Cenodia, April 7,
by bill of particulars, or for the quashal of the information. 2009) however, the identity of the accused must be proven
Otherwise, he is deemed to have waived objections to any –
formal defect in the information. • (PP vs Tumambing March 2, 2011)

How the nature of the offense is determined/Determination How to state name of the offended party – natural person
of the nature and character of the crime: • Must state the name and surname of the offended party or
• Even if the designation of the crime in the information is any appellation or nickname by which such person has
defective, what is controlling is the allegation of the facts in been or is known
the information that comprises a crime and adequately • However, if there is no better way of identifying him, he
describes the nature and cause of the accusation against must be described under a fictitious name. If later on, the
him. true name of the offended party is disclosed or
• The nature of a criminal charge is determined by the ascertained, the court must cause such true name to be
recital of the ultimate facts and the circumstances in the inserted (Sec 12)
complaint or information and not by the caption of the
information or the provision of the law claimed to have Juridical person
been violated. (Pp. vs. Francica, September 6, 2017) In If the offended party is a juridical persons, it is sufficient to
other words, the facts alleged in the body of the state its name or any name of designation by which it is known
information, not the technical name given by the or by which it may be identified, without need of averring that it
prosecutor, determine the character of the crime. (Pp. vs. is a juridical person, or that is organized in accordance with law
Delector, Oct. 4, 2017) (Sec 12)
• As a consequence of the above rule, a mistake in the
designation of the correct name of the offense is not a fatal Rule of the name of the offended party is unknown in
defect. It is not the designation that is controlling but the offense against property
facts alleged in the information. In other words an • In offense against property, if the name of the offended
erroneous reference to the law violated does not vitiate the party is unknown, the property must be described with
information if the facts alleged therein clearly recite the such particularity as to properly identify the offenses
facts constituting the crime charged. charged (Sec 12) Sasyon vs People GR no. L 51745 – Oct
28, 1988 – 166 SCRA 680 – Court ruled that in case of
Date of commission of offense offenses against property, the designation of the name of
 the offended party is not absolutely indispensable for as complaint or information so as to enable the accused to
long as the criminal act charged in the complaint or suitable prepare for his defense.
information can be properly identified – • Corollary, qualifying or generic aggravating circumstances
• Ricarze vs CA GR no. 160451 Feb 9, 2007 will not be appreciated by the court unless alleged in the
information. Thus, treachery will not be appreciated, even
Designation of the offense: if proven during the trial, if such circumstance is not
• In designating the offense, the following rules must be specified in the information.
observed:
• The designation of the offense requires, as a rule that the Cause of the Accusation:
name given to the offense by statute shall be stated in the • One of the fundamental rights of the accused is the right to
complaint or information. be informed of the nature and cause of the accusation
• If the statute gives no designation to the offense, then against him. This means that the accused may not be
reference shall be made to the section or subsection convicted of an offense unless it is clearly charged in the
punishing it. (Sec. 8, Rule 110) information. Even if the prosecution successfully proves
• To be included in the complete designation of the offense the elements of the crime, the accused may not be
in an averment of the acts or omissions constituting the convicted thereof, unless that crime is alleged or
offense (Sec.8, Rule 110) necessarily included in the information filed against him
• The complaint or information shall specify the qualifying (Malabanan vs. Sandiganbayan June 19,2017) From this
and aggravating circumstances of the offense.(Sec 8, Rule fundamental precept proceeds the rule that the accused
110) maybe convicted only of the crime with which he is
charged.
• It is the allegations in the information that detect the nature
of the offense and not the technical names given by the • In informing the accused of the accused of the cause of
public prosecutor. The specific acts of the accused do not accusation against him it is not necessary to employ the
have to be described in detail in the information as it is words used in the statute alleged to have been violated. It
enough that the offense be described with sufficient is sufficient for the complaint or information to use ordinary
particularity to make sure the accused fully understands and concise language sufficient to enable a person of
what he is being charged with. common understanding to know the following (Sec 9, Rule
• In designating the offense, the failure to designate by the 110)
specific provision penalizing the act or an erroneous • An offense being charged
specification of the law violated does not vitiate the • The acts or omissions complained of as constituting the
information– if the facts alleged clearly recited the facts offense and
constituting the offense. • The qualifying and aggravating circumstances.

• Cause of accusation – no matter how conclusive and Duplicity of the offense

convincing the evidence of guilt maybe an accused cannot Duplicity presupposes that there is a joinder of distinct offenses
be convicted of any offense unless it is charged in the info in one complaint or information.
of which he is tried or necessarily included therein General Rule:
• It is sufficient for the complaint or info the use of ordinary • A complaint or an information must charge only one
and concise language sufficient to enable a person of offense.
common understanding know the ff: • This rule prohibits duplicity (or multifariousness) of
- Offense being charged offenses in a single complaint or information. Hence,
- Acts or omissions complained of as constituting robbery or estafa cannot be contained in a single
the offense information. Such offenses are punished separately under
the law and results from separate acts.
Statement of the qualifying or aggravating circumstances: • Also an information which charges a person for violating
• What determines the real nature and cause of the separate and distinct provisions of a single law, with
accusation against the accused is the actual recital of facts distinct penalties for each violation and committed through
stated in the info or complaint and not the caption or the performance of separate acts, is defective because of
preamble of the information or complaint, nor the duplicity.
specification of the provision of law alleged to have been XPN:
violated, they being conclusions of law. More than one offense may however be charged when the law
• The accused will not be convicted of the offense proved prescribes a single punishment for various offenses – (Sec. 13.
during the trial if it was not properly alleged in the info. Rule 110, RC)
• In the same manner that every information must specify
the qualifying and aggravating circumstances attending Purpose of the rule against duplicity:
the commission of the crime • The rationale behind this rule prohibiting duplicitous
• (Guelos vs Pp June 19, 2017) complaints or information is to give the accused the
necessary knowledge of the charge against him and
• Every information however must state the qualified and the enable him to sufficiently prepare for his defense. The
aggravating circumstances attending the commission of state should not heap upon the accused two or more
the crime to be considered in the imposition of the penalty. charges which might confuse him in his defense.
Every element of the offense must be alleged in the • (Pp vs. CA Feb 25,2015)
Exception:
• A complaint or information may contain 2 or more offenses arrival. Applies if the offense is committed in the course of
when the law prescribes a single punishment for various its trip.
offenses as in complex and compound crimes treated 4. Where an offense is committed on board a vessel in the
under Art. 48 of the RPC. course of its voyage, the criminal action shall be instituted
• This provision imposes a single penalty when a single act and tried not necessarily in the place of the commission of
constitutes 2 or more grave or less grave felonies. A single the crime. It may be instituted and tried in the court of the
penalty is also provided under the same provisions when first port of entry or in the court of the municipality or
an offense is a necessary means to commit the other. The territory where the vessel passed during the voyage.
impossible penalty shall be that which corresponds to the 5. Where the case is cognizable by the Sandiganbayan the
graver offense criminal action need not be filed and tried in the place
where the act was committed but generally where the
Waiver of duplicity of the offense court actually sits in Quezon City (Bar, 2012)
(Bar 2011) 6. Where the offense is written defamation: gen. rule, the rtc
• Duplicity of the offense is aground for a motion to quash. of the province or city where the alleged libelous article
(Sec. 3(f), Rule 117, RC) Should the information be was first printed and published
defective because of duplicity, an objection must be timely
interposed by the accused before trial, otherwise, he is a. private individual– in the RTC of the province or city
deemed to have waived said defect. Consequently, the where the libelous article is printed and first published
court may convict him for as many offenses as are or where he actually resides at the time of the
charged and proved and impose on him the penalty for commission of the offense
each offense (Sec 3, Rule 120 of the RC) b. public individual -printed and 1st published and or
• Ex, an information charging one person of several rapes in holding office at the time of the commission of the
a single information, the objection must be timely raised offense
otherwise it is a waiver. Objection must be raised before
trial. Civil Action for libel if separately filed is with RTC as to venue
same in criminal action
Venue of Criminal Actions
General rule: Amendment or Substitution
Shall be tried and instituted in the court of the municipality or • In practical sense, an amendment is the correction of an
territory error or an omission in a complaint or an information, 
(a) Where the offense was committed or • Under Sec 1 Rule 10 of the Rule of Court, it is effected by
(b) Where any of its essential ingredients occurred – subject to adding or striking out an allegation or the name of any
existing laws: Sec 15 (a) Rule 110 party, or by correcting a mistaken or inadequate allegation
• Following the above rule, if the crime of murder was or description in any other respect so that the actual merits
committed in Manila it is the proper court in Manilla in of the controversy may speedily be determined without
which the criminal action shall be instituted and tried regard to technicalities and in the most and expeditious
and not elsewhere. and inexpensive manner.

VENUE: AN ELEMENT OF JURISDUCTION Complaint or Information – may be amended in form and in

One of the fundamental principles of criminal procedure is that substance if made anytime, before entering plea (arraignment)
a court cannot exercise jurisdiction over a person charged with w/o leave of court
an offense committed outside its limited territory. This is • Even if made before Arraignment – there is need for leave
because venue in a criminal case is a jurisdictional matter. It is of court 1) if the amendment downgrades the nature of the
an element of jurisdiction. Thus, the rules require that the offense charged 2) excludes any accused from the
complaint or information to be deemed sufficient should state complaint or information both of which should require
the place where the offense was committed. motion by the prosecutor and with notice to offended party
XPNs: • If after arraignment, any formal amendment may be may
• When a court has jurisdiction to try offenses not committed be made by 1) leave of court 2) the amendment will not
within its territorial jurisdiction: prejudice the rights of the accused
1. Where the offense was committed under the • After A and during trial – no amendment in ___ is allowed.
circumstances enumerated in Art. 2 of the RPC, the Except if the same beneficial to the acc. Matalam vs.
offense is cognizable before the Philippine Courts even if Sandiganbayan
committed outside of the territory of the Philippines, In this
case, the offense shall be cognizable by the court where What are formal amendments? (Sec. 14 Rule 110)
the criminal action is first filed. (Sec 15 (d) Rule 110) 1. Might impose in the event of correction
2. An amendment which does not charge another offense
2. Where the SC pursuant to its constitutional powers, orders different or distance from that charged in the original one
a change of venue or place of trial to avoid a miscarriage 3. Additional allegations which do not alter the prosecutor’s
of justice (Sec.5 (4), Art. VII, 1987 Constitution) theory of the case so as to surprise the accused and affect
3. Where an Offense committed in a train, aircraft or vehicle the form of defense he has or will assume
– public or private – criminal action shall be instituted and 4. An amendment which does not adversely affect any
tried in the court of any municipality or territory where such substantial right of the accused
passed during its trip including place of departure and 5. An amendment which does not adversely affect any
substantial right of the accused
6. New allegations which relate only to the range of the
penalty that the court
7. And amendment that merely adds specifications to
eliminate vagueness in the information and not to
introduce new and material faces
8. If the defense in the original info is still available to the
accused after the amendment is made or whether the
evidence he has or might have will be equally applicable in
the new
9. Does not affect the essence of the offense, the nature of
the crime

Substitution vs Amendment
• A complaint or information may be substituted if it appears
at any time before Judge that a mistake has been made in
charging the proper offense. In such a case, the court shall
deny the original complaint or information one the new one
charging the proper offense is filed the accused will not be
placed in double jeopardy
• This is subject to the provisions of Sec. 19 Rule 110 which
provides that if it becomes manifests at any time before
judgment that the accused cannot be connected of the
offense charged or of any other offense necessarily
included as when a mistake has been made in charging
the proper offense, the court nevertheless shall commit the
accused to answer for the proper offense by requiring the
filing of the proper information

Distinctions between Substitution or Amendment

Distinction between Substitution and Amendment:
• Section 14. Amendment or substitution. — A complaint or
information may be amended, in form or in substance,
without leave of court, at any time before the accused
enters his plea. After the plea and during the trial, a formal
amendment may only be made with leave of court and
when it can be done without causing prejudice to the rights
of the accused.
• However, any 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 motion by the prosecutor, with notice to the
offended party and with leave of court. The court shall
state its reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the offended
party.
• 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 in
accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court
may require the witnesses to give bail for their appearance
at the trial.
- Hence in determining therefore, whether there should be
an amendment under the first paragraph of Sec.14 , Ruel
110, or a substitution of information under the second
paragraph thereof, the rule is that where the second
information involves the same offense, or an offense which
necessarily includes or is necessarily included in the first
information, an amendment of the information is sufficient;
otherwise, where the new information charges an offense
which is distinct and different from that initially charged, a
substitution is in order.