RULES OF COURT

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Prosecution of Offenses
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R Section 1. 
I Institution of criminal actions
M Criminal actions shall be instituted as follows:
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(a) For offenses where a preliminary investigation is required pursuant
L
to section 1 of Rule 112, by filing the complaint with the proper officer
P for the purpose of conducting the requisite preliminary investigation.
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O (b) For all other offenses, by filing the complaint or information
C directly with the Municipal Trial Courts and Municipal Circuit Trial
E Courts, or the complaint with the office of the prosecutor. In Manila
and other chartered cities, the complaint shall be filed with the office of
D
U the prosecutor unless otherwise provided in their charters.
R The institution of the criminal action shall interrupt the running period of prescription of
the offense charged unless otherwise provided in special laws. (1a)
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M Section 2. 
I The Complaint or information
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P The complaint or information shall be in
R writing, in the name of the People of the
O Philippines and against all persons who appear
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to be responsible for the offense involved. (2a)
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M WHAT IS A COMPLAINT?
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L Is a sworn statement charging a person an offense,
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subscribed by the offended party, any peace
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O officer, or other public officer, charged with the
C enforcement of the law violated
E (Section 3, Rule 110, Rules of Court).
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I WHAT IS A COMPLAINT?
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L • Is not a mere statement.
P • A statement charging a person with an offense. As a
R statement it must be "sworn" and "written." Be it
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noted too that the complaint is subscribed only by
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any of the persons specified in the rule, namely, the
D offended party, any peace officer, or other public
U officer charged with the enforcement of the law
R violated.
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M WHAT IS A INFORMATION?
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P An information is an accusation in writing
R charging a person with an offense subscribed by
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C the prosecutor and filed with the court
E (Sec. 4, Rule 110, Rules of Court; People v. Cinco, G.R.
D No.186460, December 4,2009).
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M WHAT IS A INFORMATION?
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While an information is an accusation in
R writing, it is not required to be "sworn" unlike
O a complaint. Only a public officer described
C by the Rules of Court as a "prosecutor" is
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D authorized to subscribe to the information
U (Sec. 4, Rule, 110, Rules of Court).
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I Section 5. 
M Who must prosecute criminal
I actions.
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L All criminal actions commenced by a complaint or information
P shall be prosecuted under the direction and control of the
R prosecutor. However, in Municipal Trial Courts or Municipal
O Circuit Trial Courts when the prosecutor assigned thereto or to
C the case is not available, the offended party, any peace officer, or
E public officer charged with the enforcement of the law violated
D may prosecute the case. This authority cease upon actual
U intervention of the prosecutor or upon elevation of the case to the
R Regional Trial Court.       
E This Section was repealed by A.M. No. 02-2-07-SC effective May 1, 2002)
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The crimes of adultery and concubinage shall not be prosecuted
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except upon a complaint filed by the offended spouse. The
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offended party cannot institute criminal prosecution without
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N including the guilty parties, if both alive, nor, in any case, if the
A offended party has consented to the offense or pardoned the
L offenders.
P The offenses of seduction, abduction and acts of lasciviousness
R shall not be prosecuted except upon a complaint filed by the
O offended party or her parents, grandparents or guardian, nor, in
C any case, if the offender has been expressly pardoned by any of
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them. If the offended party dies or becomes incapacitated before
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she can file the complaint, and she has no known parents,
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grandparents or guardian, the State shall initiate the criminal
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E action in her behalf.
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I The offended party, even if a minor, has the right to initiate the prosecution
M of the offenses of seduction, abduction and acts of lasciviousness
I independently of her parents, grandparents, or guardian, unless she is
N incompetent or incapable of doing so. Where the offended party, who is a
A minor, fails to file the complaint, her parents, grandparents, or guardian may
L file the same. The right to file the action granted to parents, grandparents or
P guardian shall be exclusive of all other persons and shall be exercised
R successively in the order herein provided, except as stated in the preceding
O paragraph.
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No criminal action for defamation which consists in the imputation of the
E
D offenses mentioned above shall be brought except at the instance of and
U upon complaint filed by the offended party. (5a)
R The prosecution for violation of special laws shall be governed by the
E provisions thereof. (n)
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Section 6. 
M
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Sufficiency of complaint or information
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P A complaint or information is sufficient if it states the name of
R the accused; the designation of the offense given by the statute;
O the acts or omissions complained of as constituting the offense;
the name of the offended party; the approximate date of the
C
commission of the offense; and the place where the offense was
E committed.
D
When an offense is committed by more than one person, all of
U them shall be included in the complaint or information. (6a)
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I  The complaint or information must state the
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A name and surname of the accused or any
L appellation or nickname by which he has
P been or is known. If his name cannot be
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ascertained, he must be described under a
C fictitious name with a statement that his true
E name is unknown.
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Section 7. Name of the
accused.
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N  If the true name of the accused is
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L thereafter disclosed by him or appears in
P some other manner to the court, such true
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O name shall be inserted in the complaint
C or information and record. (7a)
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E accused.
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N  The complaint or information shall state the
A designation of the offense given by the statute, aver
L the acts or omissions constituting the offense, and
P specify its qualifying and aggravating circumstances.
R If there is no designation of the offense, reference shall
O be made to the section or subsection of the statute
C punishing it. (8a)
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Section 8. Designation of the
offense
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 The acts or omissions complained of as constituting the
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A offense and the qualifying and aggravating circumstances
L must be stated in ordinary and concise language and not
P necessarily in the language used in the statute but in
R terms sufficient to enable a person of common
O understanding to know what offense is being charged as
C well as its qualifying and aggravating circumstances and
E for the court to pronounce judgment. (9a)
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E Section 9. Cause of the accusation
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I  The complaint or information is sufficient if it can be
N understood from its allegations that the offense was
A committed or some of the essential ingredients
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occurred at some place within the jurisdiction of the
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R court, unless the particular place where it was
O committed constitutes an essential element of the
C offense or is necessary for its identification. (10a)
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R Section 10. Place of commission of
E the offense
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I o It is not necessary to state in the complaint or
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A information the precise date the offense was committed
L except when it is a material ingredient of the offense.
P The offense may be alleged to have been committed on
R a date as near as possible to the actual date of its
O commission. (11a)
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U Section 11. Date of commission of the
R offense
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I  The complaint or information must state the name and
N surname of the person against whom or against whose
A property the offense was committed, or any
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appellation or nickname by which such person has
R been or is known. If there is no better way of
O identifying him, he must be described under a
C fictitious name.
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R Section 12. Name of the offended party
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 RULES OF COURT
C Section 12. Name of the offended party
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(a) In offenses against property, if the name of the offended party is
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unknown, the property must be described with such particularity
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A as to properly identify the offense charged.
L (b) If the true name of the of the person against whom or against
P whose properly the offense was committed is thereafter disclosed
R or ascertained, the court must cause the true name to be inserted in
O the complaint or information and the record.
C (c) If the offended party is a juridical person, it is sufficient to state its
E name, or any name or designation by which it is known or by
D which it may be identified, without need of averring that it is a
U juridical person or that it is organized in accordance with law.
R (12a)
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M Section 13. Duplicity of the offense
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L General Rule:
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R  A complaint or information must
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C charge but one offense, except when
E the law prescribes a single
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U punishment for various offenses.
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(13a)
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M Section 14. Amendment or substitution
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L  A complaint or information may be amended, in form
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or in substance, without leave of court, at any time
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O before the accused enters his plea. After the plea and
C during the trial, a formal amendment may only be
E made with leave of court and when it can be done
D without causing prejudice to the rights of the
U accused.
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 RULES OF COURT
C Section 14. Amendment or
R substitution
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I However, any amendment before plea, which downgrades the
N nature of the offense charged in or excludes any accused from the
A complaint or information, can be made only upon motion by the
L prosecutor, with notice to the offended party and with leave of court.
P The court shall state its reasons in resolving the motion and copies of its
R order shall be furnished all parties, especially the offended party. (n)
O If it appears at any time before judgment that a mistake has been made
C in charging the proper offense, the court shall dismiss the original
E complaint or information upon the filing of a new one charging the
D proper offense in accordance with section 19, Rule 119, provided the
U accused shall not be placed in double jeopardy. The court may require
R the witnesses to give bail for their appearance at the trial. (14a)
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R Section 15.
I  Place where action is to be
M instituted
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A (a) Subject to existing laws, the criminal action shall be
L instituted and tried in the court of the municipality or territory
P where the offense was committed or where any of its essential
R ingredients occurred.
O (b) Where an offense is committed in a train, aircraft, or other
C public or private vehicle while in the course of its trip, the
E criminal action shall be instituted and tried in the court of any
D municipality or territory where such train, aircraft or other
U vehicle passed during such its trip, including the place of its
R departure and arrival.
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R Section 15. 
I Place where action is to be
M instituted
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A (c) Where an offense is committed on board a vessel in
L the course of its voyage, the criminal action shall be
P instituted and tried in the court of the first port of entry
R or of any municipality or territory where the vessel
O passed during such voyage, subject to the generally
C accepted principles of international law.
E (d) Crimes committed outside the Philippines but
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punishable under Article 2 of the Revised Penal Code
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shall be cognizable by the court where the criminal
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E action is first filed. (15a)
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M Section 16. Intervention of the offended party
I in criminal action
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P • Where the civil action for recovery of civil
R liability is instituted in the criminal action
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pursuant to Rule 111, the offended party may
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E intervene by counsel in the prosecution of
D the offense. (16a)
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L Prosecution of civil action
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RULE 111
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M WHAT IS A CIVIL ACTION?
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P • Is one by which a party sues another
R for enforcement or protection of a
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right, or the prevention or redress of
E a wrong.
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• It also may either be ordinary and
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I WHAT IS A CIVIL LIABILITY?
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R • Is a legal obligation that requires a
O party to pay for damages or to follow
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other court-enforcements in a lawsuit.
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M WHAT IS A CIVIL LIABILITY?
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• It is true that civil liability accompanies with criminal
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P liability, since every person is criminally liable for a
R crime or misdemeanor is also liable for reparation of
O damage and for indemnification of the harm done, but
C there may be civil liability because of acts ordinarily
E punishable, although the law has declared their
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perpetrators exempt from criminal liability.
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R (The United States Vs. Baggay, Jr., G.R. No. 6659,
E September 1, 1911)
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M Section 1. 
I Institution of criminal and civil
N actions
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R (a) When a criminal action is instituted, the civil action
O for the recovery of civil liability arising from the offense
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charged shall be deemed instituted with the criminal
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D action unless the offended party waives the civil action,
U reserves the right to institute it separately or institutes the
R civil action prior to the criminal action.
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I The reservation of the right to institute separately the civil
N action shall be made before the prosecution starts presenting
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its evidence and under circumstances affording the offended
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P party a reasonable opportunity to make such reservation.
R When the offended party seeks to enforce civil liability against
O the accused by way of moral, nominal, temperate, or
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exemplary damages without specifying the amount thereof in
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D the complaint or information, the filing fees thereof shall
U constitute a first line on the judgment awarding such damages.
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I Where the amount of damages, other than actual, is specified
N in the complaint or information, the corresponding filing fees
A shall be paid by the offended party upon the filing thereof in
L court.
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R Except as otherwise provided in these Rules, no filing fees
O shall be required for actual damages.
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No counterclaim, cross-claim or third-party complaint may
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D be filed by the accused in the criminal case, but any cause of
U action which could have been the subject thereof may be
R litigated in a separate civil action. (1a)
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R Institution of criminal and civil actions

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N (b) The criminal action for violation of Batas Pambansa Blg. 22 shall
A be deemed to include the corresponding civil action. No reservation to
L file such civil action separately shall be allowed.
P Upon filing of the aforesaid joint criminal and civil actions, the
R offended party shall pay in full the filing fees based on the amount of
O the check involved, which shall be considered as the actual damages
claimed. Where the complaint or information also seeks to recover
C
liquidated, moral, nominal, temperate or exemplary damages, the
E offend party shall pay additional filing fees based on the amounts
D alleged therein. If the amounts are not so alleged but any of these
U damages are subsequently awarded by the court, the filing fees based
R on the amount awarded shall constitute a first lien on the judgment.
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A Where the civil action has been filed separately and
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trial thereof has not yet commenced, it may be
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R consolidated with the criminal action upon
O application with the court trying the latter case. If the
C application is granted, the trial of both actions shall
E proceed in accordance with section 2 of this Rule
D governing consolidation of the civil and criminal
U
actions. (Cir. 57-97)
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Section 2. 
M
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When separate civil action is
N suspended
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R After the criminal action has been
O commenced, the separate civil action arising
C therefrom cannot be instituted until final
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D judgment has been entered in the criminal
U action.
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I If the criminal action is filed after the said civil action has already
M been instituted, the latter shall be suspended in whatever stage it may
I be found before judgment on the merits. The suspension shall last
N until final judgment is rendered in the criminal action. Nevertheless,
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before judgment on the merits is rendered in the civil action, the same
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may, upon motion of the offended party, be consolidated with the
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criminal action in the court trying the criminal action. In case of
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O consolidation, the evidence already adduced in the civil action shall
C be deemed automatically reproduced in the criminal action without
E prejudice to the right of the prosecution to cross-examine the
D witnesses presented by the offended party in the criminal case and of
U the parties to present additional evidence. The consolidated criminal
R and civil actions shall be tried and decided jointly.
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N During the pendency of the criminal action, the running of
A the period of prescription of the civil action which cannot be
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instituted separately or whose proceeding has been suspended
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shall be tolled. (n)
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O The extinction of the penal action does not carry with it
C extinction of the civil action. However, the civil action based
E on delict shall be deemed extinguished if there is a finding in
D a final judgment in the criminal action that the act or
U omission from which the civil liability may arise did not
R exist. (2a)
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I Section 3. 
M When civil action may proceeded
I independently
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In the cases provided for in Articles 32, 33, 34 and 2176 of
P
R the Civil Code of the Philippines, the independent civil
O action may be brought by the offended party. It shall
C proceed independently of the criminal action and shall
E require only a preponderance of evidence. In no case,
D however, may the offended party recover damages twice
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for the same act or omission charged in the criminal
E action. (3a)
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M Section 4. 
I Effect of death on civil actions
N
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L The death of the accused after arraignment and during the pendency of
P the criminal action shall extinguish the civil liability arising from the
delict. However, the independent civil action instituted under section 3
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of this Rule or which thereafter is instituted to enforce liability arising
O
from other sources of obligation may be continued against the estate or
C
legal representative of the accused after proper substitution or against
E
said estate, as the case may be. The heirs of the accused may be
D
substituted for the deceased without requiring the appointment of an
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executor or administrator and the court may appoint a guardian ad
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litem for the minor heirs.
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M The court shall forthwith order said legal representative or
I representatives to appear and be substituted within a
N period of thirty (30) days from notice.
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A final judgment entered in favor of the offended party
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P shall be enforced in the manner especially provided in
R these rules for prosecuting claims against the estate of the
O deceased.
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If the accused dies before arraignment, the case shall be
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D dismissed without prejudice to any civil action the
U offended party may file against the estate of the deceased.
R (n)
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M Section 5. 
I Judgment in civil action not a bar
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P A final judgment rendered in a civil action
R absolving the defendant from civil liability is not
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a bar to a criminal action against the defendant
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E for the same act or omission subject of the civil
D action. (4a)
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I Section 6. 
M Suspension by reason of
I prejudicial question
N
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P A petition for suspension of the criminal action based
R upon the pendency of a prejudicial question in a civil
O action may be filed in the office of the prosecutor or the
C
court conducting the preliminary investigation. When the
E
D criminal action has been filed in court for trial, the
U petition to suspend shall be filed in the same criminal
R action at any time before the prosecution rests. (6a)
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I Section 7. 
N Elements of prejudicial question
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The elements of a prejudicial question are: (a) the
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O previously instituted civil action involves an issue similar
C or intimately related to the issue raised in the subsequent
E criminal action, and (b) the resolution of such issue
D determines whether or not the criminal action may
U proceed. (5a)
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I GROUP 2_CRI 417_828
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L 1. BANGAYAN, VENICO
P 2. DABON, ELAINE MAE
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3. ECHAVEZ, MICAH MIA
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C 4. INTES, CRYSTAL JEAN
E 5. PUGOY, ALPER
D 6. RELLON, ETHEL JOY
U
R 7. SUSUBAN, MIKA ELLA
E 8. TUGAP, MARLYN