Rule 110

Section 1. Institution of Criminal Actions

Question: When should a complaint be filed with a prosecutor,
and how does filing impact the prescription of the offense?
Answer: A complaint is filed with the prosecutor when
preliminary investigation is required (usually for grave offenses)
or as otherwise mandated in chartered cities. Filing interrupts
the prescriptive period of the offense, unless specified by
special laws.

Section 2. The Complaint or Information

Question: In whose name should a complaint or information be
filed, and who should be named as respondents? Answer:
Complaints or information are filed in the name of the People
of the Philippines against all persons responsible for the
offense. This formalizes the state’s role in prosecuting crimes for
public order.

Section 3. Complaint Defined

Question: Who is authorized to file a criminal complaint?
Answer: A complaint must be a sworn statement filed by the
offended party, any peace officer, or another public officer with
law enforcement duties. This ensures legitimacy and formalizes
the start of legal proceedings.

Section 4. Information Defined

Question: Who must sign and file an information, and what
does it signify? Answer: An information must be signed by the
prosecutor and filed with the court, representing an official
accusation from the state after determining probable cause in
certain cases.

Section 5. Who Must Prosecute Criminal Actions

Question: Who directs the prosecution of a criminal action in a
Municipal Trial Court if the prosecutor is unavailable? Answer:
In the absence of a prosecutor, the offended party, a peace
officer, or other public officers involved in law enforcement may
prosecute the case in Municipal Trial Courts. This authority ends
when the prosecutor intervenes or when the case is elevated to
a higher court.

Section 6. Sufficiency of Complaint or Information

Question: What must a complaint or information include to be
considered legally sufficient? Answer: A complaint or
information must include the accused’s name, the offense’s
statutory designation, the alleged acts constituting the offense,
the offended party's name, the approximate offense date, and
the place of commission, ensuring clear identification of the
alleged crime.

Section 7. Name of the Accused

Question: What if the accused’s true name is unknown when
filing a complaint? Answer: If the accused's name is unknown, a
fictitious name may be used. If the true name is later revealed,
it must be updated in the complaint and court records, ensuring
accurate identification for judicial proceedings.

Section 8. Designation of the Offense

Question: How should an offense be designated in a complaint
or information? Answer: The offense must be designated by
statutory name, describing acts constituting the offense and
noting any qualifying or aggravating circumstances. If no
designation exists, the statute section should be cited for clarity.

Section 9. Cause of the Accusation

Question: How detailed should the complaint or information be
in describing the offense? Answer: Descriptions should be clear
and concise, understandable by a layperson, and detailed
enough for the court to make a judgment, ensuring accessibility
and clarity for all parties involved.

Section 10. Place of Commission of the Offense

Question: Is it necessary to specify the exact location of the
offense in the complaint or information? Answer: No, unless
location is a critical element of the offense. It suffices if the
allegations indicate that the offense occurred within the court’s
jurisdiction.

Section 11. Date of Commission of the Offense

Question: Must the exact date of the offense be stated in the
complaint or information? Answer: Precise dates are
unnecessary unless critical to the offense. The offense can be
alleged to have occurred on a date close to the actual event.

Section 12. Name of the Offended Party

Question: What if the offended party's true name is unknown
or the party is a juridical entity? Answer: If unknown, a
fictitious name can be used, but any later-discovered true name
must be recorded. For juridical entities, simply stating the
organization’s known name suffices.

Section 13. Duplicity of the Offense

Question: Can a complaint or information charge multiple
offenses? Answer: Generally, only one offense per complaint or
information is allowed unless a single penalty applies to
multiple offenses, preventing confusion and ensuring clear
judicial focus.
Section 14. Amendment or Substitution
Question: When is amendment of a complaint or information
allowed after filing?
Answer: Amendments before plea do not require court
approval; however, if they downgrade the offense or exclude
accused individuals, a prosecutor’s motion and court approval
are needed. Post-plea amendments require court approval and
must not prejudice the accused’s rights.

Section 15. Place Where Action is to be Instituted

Question: Where should a criminal action be filed if the offense
occurred during a vehicle journey or outside the Philippines?
Answer: For crimes during vehicle transit, any court along the
route may try the case. Crimes outside the Philippines, but
within its jurisdiction, are filed in the court where the action is
first instituted.

Section 16. Intervention of the Offended Party in Criminal

Action
Question: Can the offended party intervene in the criminal
action to recover civil liability? Answer: Yes, the offended party
may intervene by counsel in the criminal action when pursuing
civil liability under Rule 111, ensuring their interests are
represented.
Rule 111

Section 1: Institution of Criminal and Civil Actions

Question: If a person files a criminal complaint for theft, what
happens to their civil action for recovery of damages? Can they
choose to handle the civil action separately?
Answer: When a criminal action is filed, any related civil action
for recovery of civil liability (such as damages) is automatically
deemed to be filed along with it, unless the offended party
explicitly waives this civil action, reserves the right to file it
separately, or has already filed the civil action before the
criminal case. The reservation to file separately must be made
before the prosecution begins presenting its evidence. In cases
where damages like moral or exemplary damages are claimed
without a specific amount, the filing fees become a lien on any
judgment awarded.

Section 2: When Separate Civil Action is Suspended

Question: If a civil action for damages has already been filed
and a related criminal case is later initiated, what happens to
the civil action?
Answer: Once a criminal action is filed, any related civil action
that is already ongoing will be suspended until a final judgment
is made in the criminal case. However, the offended party may
request that the civil action be consolidated with the criminal
action. If granted, both actions will be tried together.
Additionally, the statute of limitations on the civil action will
pause while the criminal case is pending. If the court's final
judgment finds that the act from which civil liability could arise
does not exist, the related civil action will also be extinguished.

Section 3: When Civil Action May Proceed Independently

Question: Can an offended party file a civil action
independently of the criminal case if they are seeking damages
for emotional distress caused by an assault?
Answer: Yes, under Article 33 of the Civil Code, the offended
party may file an independent civil action for damages arising
from assault, which requires only a preponderance of evidence
rather than proof beyond a reasonable doubt. This civil action
can proceed independently of the criminal case, but the party
cannot recover damages twice for the same act.

Section 4: Effect of Death on Civil Actions

Question: If an accused person dies after being charged but
before the case concludes, what is the effect on any related civil
claims for damages?
Answer: If the accused dies after arraignment and during the
criminal trial, the related civil liability based on the delict is
extinguished. However, any independent civil action for liability
from other legal obligations, such as quasi-delict, can proceed
against the deceased's estate. The court will substitute the
accused with a legal representative, and any judgment in favor
of the offended party can be enforced against the estate. If the
accused dies before arraignment, the case is dismissed, but the
offended party may still pursue a separate civil action against
the estate.

Section 5: Judgment in Civil Action Not a Bar

Question: If a civil court absolves a defendant of liability for
damages, can a criminal case still be filed against the same
defendant for the same act?
Answer: Yes, a civil judgment absolving a defendant from
liability does not prevent a criminal action from being pursued
for the same act. Civil and criminal actions are separate; a civil
acquittal does not automatically mean the absence of criminal
liability, as the standards of proof differ between civil and
criminal cases.

Section 6: Suspension by Reason of Prejudicial Question

Question: If there is a pending civil case that could influence a
related criminal case, can the criminal proceedings be
suspended?
Answer: Yes, a criminal proceeding may be suspended if there is
a prejudicial question arising in a related civil case. A petition to
suspend the criminal action can be filed with the prosecutor or,
if the criminal case is already in court, within the criminal case
itself before the prosecution rests. This suspension is warranted
when the civil case’s outcome directly affects the criminal
action.

Section 7: Elements of a Prejudicial Question

Question: What must be shown for a question in a civil case to
be considered prejudicial to a related criminal case?
Answer: For a prejudicial question to exist, two elements must
be satisfied: (a) the previously filed civil action must involve an
issue that is identical or closely related to an issue in the
criminal case, and (b) resolving that civil issue will determine
whether the criminal case should proceed. If both elements are
met, the civil issue must be addressed first, which may delay
the criminal proceedings.

Rule 112
1. Question on Preliminary Investigation Requirements:
Q: In a case where an offense is punishable by imprisonment of
four years and three months, is a preliminary investigation
required before filing a complaint or information?
A: Yes, a preliminary investigation is required because the
prescribed penalty exceeds four years, two months, and one
day. This investigation aims to determine whether there is
sufficient ground to believe a crime was committed and the
respondent is probably guilty, warranting trial.

2. Question on Authorized Officers:

Q: Can a Municipal Trial Court (MTC) judge conduct a
preliminary investigation for a felony within their jurisdiction?
A: Yes, Municipal Trial Court judges, along with provincial and
city prosecutors, state prosecutors, and others authorized by
law, can conduct preliminary investigations. Their authority
covers all crimes within their respective territorial jurisdictions.

3. Question on Procedure of Preliminary Investigation:

Q: What steps must a complainant take when filing for a
preliminary investigation, and what are the respondent's rights?
A: The complainant must submit a complaint with affidavits and
supporting documents establishing probable cause, and the
investigating officer will review these to decide if the case
should proceed. The respondent has the right to access and
examine the evidence against them and submit counter-
affidavits within ten days, without filing a motion to dismiss.

4. Question on Prosecutor’s Resolution and Review:

Q: What happens if the investigating prosecutor concludes that
the respondent should be held for trial?
A: The prosecutor prepares a resolution and certifies under
oath that there is probable cause, forwards the case records to
the relevant authority, and informs the parties. If higher
officials, such as the Secretary of Justice, overturn the decision,
they may order the prosecutor to file or dismiss the case
without further preliminary investigation.

5. Question on Investigating Judge’s Resolution and Review:

Q: After an investigating judge recommends the dismissal of a
case, what are the next steps?
A: The resolution is transmitted to the provincial or city
prosecutor or Ombudsman, who reviews the findings within
thirty days. They must provide a clear ruling with facts and legal
grounds, release a detained accused if no probable cause exists,
and notify all parties of the decision.

6. Question on Warrant of Arrest Issuance:

Q: When may a Regional Trial Court judge issue a warrant of
arrest following a preliminary investigation?
A: A Regional Trial Court judge may issue a warrant within ten
days of receiving the complaint or information if they find
probable cause. If uncertain, the judge may request additional
evidence. The warrant can also be issued immediately if the
accused is already detained under an earlier warrant.

7. Question on Warrantless Arrests and Preliminary

Investigation:
Q: If a person is lawfully arrested without a warrant for an
offense requiring preliminary investigation, what are their
rights?
A: They may request a preliminary investigation by signing a
waiver of Article 125 of the Revised Penal Code and may also
apply for bail. The investigation must conclude within fifteen
days, and, if needed, they can request preliminary investigation
within five days post-filing of the complaint.

8. Question on Records in Preliminary Investigations:

Q: Are records of a preliminary investigation part of the official
case record?
A: No, preliminary investigation records are separate from the
case record. However, the court may order the production of
these records for case resolution or as evidence if deemed
necessary.

9. Question on Cases Exempt from Preliminary Investigation:

Q: If a complaint is filed directly with the prosecutor for an
offense punishable by imprisonment of less than four years,
two months, and one day, what process follows?
A: In such cases, a full preliminary investigation is not required.
The prosecutor will evaluate the complaint and supporting
affidavits within ten days to decide on filing or dismissal based
on probable cause, without requiring additional procedural
steps.

Rule 113

Question 1: Define arrest and explain its primary purpose under

Rule 113.
Answer: Arrest is the act of taking a person into custody so they
can be made to answer for an alleged offense. The primary
purpose of an arrest is to ensure that the person is available for
judicial proceedings and to prevent them from fleeing or
continuing unlawful activities. It is a necessary step in the
criminal justice process to uphold public order and
accountability.

Question 2: How must an arrest be conducted according to Rule

113, Section 2, and what are the restrictions on the use of
force?
Answer: An arrest is conducted either by physically restraining
the individual or by the person voluntarily submitting to the
authority of the one making the arrest. Rule 113 mandates that
no unnecessary force or violence be used, and only minimal
restraint necessary for detention is permitted. This rule ensures
that the individual’s rights are respected, and any excessive
force can be grounds for disciplinary or legal action against the
arresting officer.

Question 3: What are the responsibilities of an officer who

executes a warrant of arrest under Section 3?
Answer: The officer executing a warrant must promptly arrest
the accused and deliver them to the nearest police station or
jail without unnecessary delay. This immediate handover is
essential to maintain lawful custody and uphold procedural
integrity, minimizing any chance for the suspect to evade legal
proceedings.

Question 4: Outline the procedure for executing a warrant of

arrest and the reporting requirements if it is not executed
within the allotted time under Section 4.
Answer: The office head receiving the warrant must ensure it is
executed within ten days. If it remains unexecuted, the officer
assigned must report back to the judge, detailing reasons for
any delays. This requirement imposes accountability and
ensures efficient handling of warrants, promoting timely
administration of justice.

Question 5: Under Section 5, when is a warrantless arrest

permitted, and what are the conditions that justify it?
Answer: A warrantless arrest is lawful if: (a) an offense is
committed in the officer's presence, (b) an offense has just
been committed and the officer has probable cause to believe
the person committed it, or (c) the person is an escaped
prisoner. Each condition requires either direct observation or
immediate connection to the offense, thus preventing arbitrary
arrests and protecting individuals from undue interference.

Question 6: Can an arrest be made at any time? Explain the rule

on timing under Section 6.
Answer: Yes, an arrest can be made at any time—day or night—
under Section 6. This flexibility is crucial for public safety,
allowing authorities to act promptly when necessary, regardless
of the hour, to apprehend individuals who pose a risk or might
evade custody if arrests were limited to specific times.

Question 7: What must an officer inform a person of during an

arrest by warrant, and are there exceptions to this requirement
under Section 7?
Answer: The officer must inform the person of the reason for
their arrest and the existence of a warrant. Exceptions arise if
the person attempts to flee, resists forcefully, or if notifying
them would endanger the arrest process. These exceptions
account for practical challenges, allowing officers to adapt their
approach based on the person’s behavior and the safety of
those involved.

Question 8: What is required of an officer making a warrantless

arrest under Section 8?
Answer: The officer must inform the individual of their
authority and the reason for the arrest, except when the person
is caught in the act, is immediately pursued after the offense,
resists, or notification might compromise the arrest. This rule
balances procedural fairness with the practicalities of urgent
situations.
Question 9: If a private person performs an arrest, what must
they communicate to the person being arrested according to
Section 9?
Answer: A private person must inform the person of their
intention to arrest and the reason, unless the person is caught
in the act, immediately pursued after the offense, resists, or
notification risks safety. This ensures that even non-officers
respect the rights of individuals while enabling lawful citizen
interventions in emergencies.

Question 10: Can an officer request assistance during an arrest,

and what are the responsibilities of those summoned under
Section 10?
Answer: Yes, an officer can request help from bystanders during
a lawful arrest. Those summoned are legally required to assist if
they can do so without endangering themselves. This provision
enables effective enforcement by allowing officers to draw on
public support in situations where additional help is needed.

Question 11: Under what conditions may an officer forcibly

enter a building to make an arrest, and what must they do
before doing so under Section 11?
Answer: An officer may forcibly enter a building if they are
refused entry, provided they announce their authority and
purpose beforehand. This rule ensures respect for property
rights while giving officers the authority to act decisively when
they have a lawful basis for entry to execute an arrest.

Question 12: What authority does an officer have if they need

to exit a building following an arrest, according to Section 12?
Answer: If necessary, an officer can break out of a building to
exit after making an arrest. This provision ensures an officer's
safe and timely withdrawal, enabling them to fulfill their duties
even if the environment becomes restrictive or potentially
hostile.

Question 13: What is permitted if a lawfully arrested person

escapes, as stated in Section 13?
Answer: If a person who was lawfully arrested escapes, any
person may immediately pursue and re-arrest them without a
warrant. This provision allows for swift recapture, reinforcing
the law’s authority and preventing suspects from evading
justice through flight.

Question 14: What rights does a person under arrest have

regarding visits from an attorney or relative as provided in
Section 14?
Answer: An arrested person has the right to private visits from
an attorney at any hour, upon request, and subject to
reasonable regulations, relatives may also visit. This ensures
that individuals have access to legal representation and
support, protecting their rights and preparing them for
forthcoming legal proceedings.

Rule 114

Section 1. Bail Defined

Q1: What is bail, and what forms can it take?
 A: Bail is a security provided for the temporary release of a
person in custody, intended to ensure their appearance in
court as required. It may be given as a corporate surety
bond, property bond, cash deposit, or recognizance.
Section 2. Conditions of Bail; Requirements
Q2: What are the general conditions that apply to all forms of
bail?
 A: All bail must be effective upon approval, remaining in
effect throughout all stages of the case until judgment is
rendered. The accused must appear in court as required,
and if they fail to appear without a valid reason, it may be
deemed a waiver, allowing the trial to proceed in absentia.
The bondsman must surrender the accused if a final
judgment is issued.

Section 3. No Release or Transfer Except on Court Order or Bail

Q3: Can a detainee be released without a court order or bail?
 A: No, a person detained under legal process cannot be
released or transferred without a court order or bail.

Section 4. Bail as a Matter of Right; Exception

Q4: When is bail considered a matter of right?
 A: Bail is a matter of right for all persons in custody before
or after conviction in cases heard by lower courts (e.g.,
MTC) and before conviction by the Regional Trial Court
(RTC) for offenses not punishable by death, reclusion
perpetua, or life imprisonment.
Section 5. Bail, When Discretionary
Q5: When is bail discretionary, and under what circumstances
might it be denied?
 A: Bail is discretionary after an RTC conviction for offenses
not punishable by death, reclusion perpetua, or life
imprisonment. Bail may be denied if the accused has a
history of recidivism, escaped confinement, or shows a
high risk of flight or re-offending.

Section 6. Capital Offense Defined

Q6: What qualifies as a capital offense under Rule 114?
 A: A capital offense is one punishable by death, which is
determined by the law in force when the offense was
committed and the bail application filed.

Section 7. Non-Bailable Offenses

Q7: Under what conditions is a capital offense non-bailable?
 A: Bail is not permitted for capital offenses or those
punishable by reclusion perpetua or life imprisonment if
evidence of guilt is strong, regardless of prosecution stage.

Section 8. Burden of Proof in Bail Application

Q8: Who has the burden of proof in a bail hearing, and what
must be proven?
  A: In bail hearings for offenses punishable by death,
reclusion perpetua, or life imprisonment, the prosecution
must demonstrate that evidence of guilt is strong.

Section 9. Amount of Bail; Guidelines

Q9: How does a judge determine the amount of bail?
 A: The bail amount is set based on factors like the
accused’s financial capacity, the nature of the offense,
penalty severity, and the likelihood of the accused
appearing at trial. Excessive bail is not allowed.

Section 10. Corporate Surety

Q10: What requirements must a corporation meet to act as a
surety?
 A: A corporation must be licensed and authorized to act as
a surety, with an officer duly authorized by its board
signing the bond jointly with the accused.

Section 11. Property Bond Posting

Q11: What are the requirements for posting a property bond?
 A: The accused must annotate the lien on the property’s
certificate of title with the Register of Deeds or relevant
local registry within ten days of bond approval, or the bond
may be canceled.
Section 12. Qualifications of Sureties in Property Bond
Q12: What qualifications must a surety have in a property
bond?
 A: A surety must own real property within the Philippines
and possess assets worth the bond amount, less any
liabilities or exemptions.

Section 13. Justification of Sureties

Q13: What information must sureties provide to justify their
qualifications?
 A: Sureties must submit an affidavit detailing their
property, title nature, encumbrances, other bail
obligations, and overall liabilities to show they meet the
qualifications.

Section 14. Cash Deposit as Bail

Q14: How is a cash deposit used as bail?
 A: The accused or a representative may deposit the bail
amount in cash, which serves as security and can be
applied to fines and costs if convicted.

Section 15. Recognizance

Q15: When may an accused be released on recognizance?
  A: Recognizance allows release without bail under certain
conditions as permitted by law or court discretion, typically
when monetary bail isn’t necessary.

Section 16. Bail Not Required; Reduced Bail or Recognizance

Q16: Under what circumstances may bail not be required or
reduced?
 A: Bail is not required if a detainee has already been held
for the maximum or minimum possible sentence term
without conviction, or the court may allow release on
recognizance or reduced bail.

Section 17. Filing Location for Bail

Q17: Where may bail be filed?
 A: Bail can be filed with the court handling the case or, if
unavailable, any competent trial court in the region. Bail
requiring judicial discretion must be filed in the court
where the case is pending.

Section 18. Notice to Prosecutor for Bail Application

Q18: What notice must be given to the prosecutor in bail
applications?
  A: For applications involving serious offenses, the court
must notify the prosecutor or obtain a recommendation
from them.

Section 19. Release on Bail

Q19: What is the process for an accused’s release after bail
approval?
 A: Upon bail approval, the accused is released, and if bail
was filed in a court other than the one hearing the case, all
documents are forwarded to the presiding court, which
may request a different bail if necessary.

Section 20. Increasing or Reducing Bail

Q20: Can the amount of bail be changed after the accused’s
release?
 A: Yes, the court may adjust bail for good cause, either
increasing or reducing it based on case developments or if
guilt evidence strengthens.

Section 21. Forfeiture of Bond

Q21: What happens if an accused fails to appear as required?
 A: If an accused does not appear in court, the bail is
forfeited, and bondsmen must produce the accused within
30 days or face judgment for the bail amount.
Section 22. Cancellation of Bail
Q22: Under what conditions may bail be canceled?
 A: Bail may be canceled if the bondsman surrenders the
accused or upon application after the court’s approval,
given proper notice to the prosecutor.