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Rule 110

PROSECUTION OF OFFENSES
Q: How are criminal cases or actions instituted?
A: Section 1, Rule 110.
SECTION 1. Institution of criminal actions. Criminal actions shall be instituted as ollo!s"
#a$ For oenses !here a %reliminar& in'esti(ation is re)uired %ursuant to section 1 o Rule
11*+ b& ilin( the com%laint !ith the %ro%er oicer or the %ur%ose o conductin( the re)uisite
%reliminar& in'esti(ation.
#b$ For all other oenses+ b& ilin( the com%laint or inormation directl& !ith the ,unici%al
Trial Courts and ,unici%al Circuit Trial Courts+ or the com%laint !ith the oice o the %rosecutor.
In ,anila and other chartered cities+ the com%laints shall be iled !ith the oice o the %rosecutor
unless other!ise %ro'ided in their charters.
The institution o the criminal action shall interru%t the runnin( o the %eriod o %rescri%tion o
the oense char(ed unless other!ise %ro'ided in s%ecial la!s. #1a$
The language has been changed no? If you try to compare it with the old Rules, merong maor changes, meron man
ding pareho. The language is now simplier.
Q: Is there a difference between commencement of criminal action and institution of criminal action?
A: !es. "hen you say #commencement$, generally it is already in the court once it is filed in court. %ut # institution$ is
earlier. "hen you file a complaint with the fiscal&s office, it is already an institution.
Q: Is preliminary in'estigation re(uired in all criminal cases? %ecause there are some criminal cases which do not
re(uire preliminary in'estigation.
A: )enerally, all RT* cases re(uire preliminary in'estigation. %ut right now under the new rules, some cases triable
by the +T* may also re(uire preliminary in'estigation.
,or e-ample in the RT*, more than . years, /ailangan may preliminary in'estigation yan. 0nder Section 1, from the
moment you file a complaint with the proper officer for the purpose of conducting a preliminary in'estigation, it is already
institution.
Q: "ho are these officers referred to?
A: They are mentioned in Section 1, Rule 1112
SEC. *. Oicers authori-ed to conduct %reliminar& in'esti(ations.
The ollo!in( ma& conduct %reliminar& in'esti(ations"
#a$ Pro'incial or Cit& Prosecutors and their assistants.
#b$ /ud(es o the ,unici%al Trial Courts and ,unici%al Circuit Trial Courts.
#c$ National and Re(ional State Prosecutors. and
#d$ Other oicers as ma& be authori-ed b& la!.
Their authorit& to conduct %reliminar& in'esti(ations shall include all crimes co(ni-able b& the
%ro%er court in their res%ecti'e territorial 0urisdictions. #*a$
Q: How about those other offenses which 34 54T re(uire preliminary in'estigation?
A: 0nder the new rules, yung below 6 years and 1 months ang penalty 7 they are triable by the +T*. 8If the penalty
is 6 years, 1 months and 1 day, it re(uires preliminary in'estigation.9
Q: How do you institute them? :i/e slight physical inuries;
A: !ou ha'e two 819 options2
1. ,ile a complaint with the prosecutor&s office in the city or pro'incial who will now file the case in court< or
2. =ung gusto mo, direct filing. !ou can file the complaint directly to the +T*. :i/e sa munisipyo, police man ang
mag>file ba.
The institution o the criminal action shall interru%t the runnin( o the %eriod o %rescri%tion o
the oense char(ed unless other!ise %ro'ided in s%ecial la!s. 8last paragraph, Section 1, Rule 1109
SEC. *. The complaint or information The com%laint or inormation shall be in !ritin(+ in the
name o the Peo%le o the Phili%%ines and a(ainst all %ersons !ho a%%ear to be res%onsible or
the oense in'ol'ed #*a$
Q: How do you file a complaint?
A: The complaint shall be in writing in the name of the ?eople of the ?hilippines and against all persons who appear to
be responsible for the offense in'ol'ed.
Q: "hat happens if the criminal complaint or information is filed in the name of the pri'ate complainant?
A: @ccording to the S*, the complaint is defecti'e. It can be (uashed but it is only a formal defect. In case it proceeds
to trial, it should be corrected but it is not really a fatal mista/e. It can be cured at any stage of the action by amending the
information or e'en if it is not cured, there is a 'alid udgment, you are found guilty, it shall no be 'oided merely because
the title is defecti'e. It will not in'alidate the proceedings.
5ow the law says, #against all who appear to be responsible.$ +eaning, it is the sworn duty of a policeman or fiscal to
file a case against all who appear to be responsible. It does not say who are guilty.
Q: How do you define complaint?
A: Section A, Rule 1102
SEC. 1. Complaint defined. 2 com%laint is a s!orn !ritten statement char(in( a %erson !ith
an oense+ subscribed b& the oended %art&+ an& %eace oicer+ or other %ublic oicer char(ed
!ith the enorcement o the la! 'iolated. #1$
Q: Supposes a complaint is filed but it was not sworn to or signed, is it 'alid?
A: The S* said, it is a formal defect. It can be cured. )enerally, the signature is not needed.
Q: How do you define information?
A: Section 6, Rule 1102
SEC. 3. Information defined. 2n inormation is an accusation in !ritin( char(in( a %erson !ith
an oense+ subscribed b& the %rosecutor and iled !ith the court. #3a$
Q: "ho are the people authoriBed to institute or commence criminal cases?
A: The following2
1. 4ffended party<
2. ?eace officer<
3. ?rosecutor< and
4. ?ublic officer charged with the enforcement of the law.
Q: How do you distinguish a complaint from information?
A: The following are the distinctions2
1. @s to who files the complaint or information
@ *4+?:@I5T is filed by the 8a9 offended party< 8b9 any peace officer< 8c9 prosecutor< 8d9 or any public officer
charged with the enforcement of the law.
4n the other hand, an I5,4R+@TI45 is prepared and signed by the prosecutor.
2. @s to purpose
@ *4+?:@I5T filed in court is either for preliminary in'estigation or for trial, but an I5,4R+@TI45 filed in
court is only for trial.
3. @s to where to file
@ *omplaint may be filed in court or in the office of the prosecutor, but an I5,4R+@TI45 is always filed
in court.
4. @ *4+?:@I5T can be filed in court, for trial or for mere preliminary in'estigation, or it can e'en be filed not in
court but in the prosecutor&s office for preliminary in'estigation. %ut where an I5,4R+@TI45 is filed, it is
always filed in court and always for trial.
The complaint contemplated in Section 1 could be filed in the +T* for trial 8e.g. physical inuries9, or it could be a
complaint for murder in the +T*, not for trial but for preliminary in'estigation.
The complaint filed in the fiscal&s office, city or pro'ince, is /nown in Spanish as #4ENUNCI2$ which is filed for
preliminary in'estigation as distinguished from the real complaint mentioned in Section A. In Section A, it is always filed by
the offended party. @lthough in some cases li/e when the offended party died, it is the police who files the affida'it
complaint before the prosecutor&s office for preliminary in'estigation.
E52,P6E2 ?edro was a 'ictim of robbery. *an he file a complaint for robbery? !CS. "hat if he died before he could
file?
Q: *an the family of ?edro file a complaint under Section A?
A: 5o, because they are not the offended party. They should file a complaint in the fiscal. If you are tal/ing of a
complaint filed under Section A, you must be the offended party. %ut a complaint filed with the fiscal, need not be by the
offended party. 8C'arle 's. Sucaldito, 1D. S*R@ E0E9
That is the distinction, and the fiscal has the authority to in'estigate any crime whether the one complaining is the
'ictim or not because the offended party is the ?eople of the ?hilippines.
SEC. 7. Who must prosecute criminal actions. 2ll criminal actions commenced b& a com%laint
or inormation shall be %rosecuted under the direction and control o the %rosecutor. 8o!e'er+ in
,unici%al Trial Courts or ,unici%al Circuit Trial Courts !hen the %rosecutor assi(ned thereto or to
the case is not a'ailable+ the oended %art&+ an& %eace oicer+ or %ublic oicer char(ed !ith the
enorcement o the la! 'iolated ma& %rosecute the case. This authorit& shall cease u%on actual
inter'ention o the %rosecutor or u%on ele'ation o the case to the Re(ional Trial Court.
The crimes o adulter& and concubina(e shall not be %rosecuted e9ce%t u%on a com%laint iled
b& the oended s%ouse. The oended %art& cannot institute criminal %rosecution !ithout
includin( the (uilt& %arties+ i both are ali'e+ nor+ in an& case+ i the oended %art& has consented
to the oense or %ardoned the oenders.
The oenses o seduction+ abduction and acts o lasci'iousness shall not be %rosecuted u%on
a com%laint iled b& the oended %art& o her %arents+ (rand%arents or (uardian+ nor+ in an& case+
i the oender has been e9%ressl& %ardoned b& an& o them. I the oended %art& dies or becomes
inca%acitated beore she can ile the com%laint+ and she has no :no!n %arents+ (rand%arents or
(uardian+ the State shall initiate the criminal action in her behal.
The oended %art&+ e'en i a minor+ has the ri(ht to initiate the %rosecution o the oenses o
seduction+ abduction and acts o lasci'iousness inde%endentl& o her %arents+ (rand%arents+ or
(uardian+ unless she is incom%etent or inca%able o doin( so. ;here the oended %art&+ !ho is a
minor+ ails to ile the com%laint+ her %arents+ (rand%arents+ or (uardian ma& ile the same. The
ri(ht to ile the action (ranted to %arents+ (rand%arents+ or (uardian shall be e9clusi'e o all other
%ersons and shall be e9ercised successi'el& in the order herein %ro'ided+ e9ce%t as stated in the
%recedin( %ara(ra%h.
No criminal action or deamation !hich consists in the im%utation o an& o the oenses
mentioned abo'e shall be brou(ht e9ce%t at the instance o and u%on com%laint iled b& the
oended %art&. #7a$
The %rosecution or 'iolation o s%ecial la!s shall be (o'erned b& the %ro'ision thereo. #n$
Howe'er once the case is in court, the complaint or information filed shall be prosecuted under the direction and
control of the public prosecutor. This shows the control of the go'ernment. This is one feature of the In(uisitorial System
of criminal procedure. The fiscal has the absolute control.
Q: *an the offended party hire his own lawyer to prosecute?
A: !CS, the offended party can hire his own lawyer who is /nown as the pri'ate prosecutor. The personality of the
pri'ate prosecutor is based on the pro'ision in the R?* that e'ery person criminally liable is also ci'illy liable. It is
because of this ci'il liability that the offended party has an interest in the criminal case.
C'en if the public prosecutor may turn o'er the acti'e conduct of the trial to the pri'ate prosecutor, he must be present
during the proceedings because he is, by law, duty>bound to ta/e charge of the prosecution of the case until its
termination.
If the public prosecutor or fiscal and the pri'ate prosecutor do not agree on how to prosecute, the fiscal will pre'ail
because the pri'ate prosecutor is under the direct control of the fiscal.
Q: "hat happens if there are no fiscal in a municipality?
A: @ccording to Section D, Rule 1102 #Howe'er, in +unicipal Trial *ourts or +unicipal *ircuit Trial *ourts when the
prosecutor assigned thereto or to the case is not a'ailable, the offended part, any peace officer, or pu!lic officer charged
with the enforcement of the law 'iolated may prosecute the case.$
This pro'ision that if there is no prosecutor, puwede sila, is ta/en from the ruling of the S* in the case of "eople #s.
$eriales, 1F S*R@ 16. 0sually, in the absence of the fiscal, it is the police authorities who act as prosecutors. Howe'er,
according to the S* in the 1GG1 case of
@ccording to Section D, the criminal action shall be under the control and super'ision of the prosecutor. That is only
applicable if you are tal/ing of the trial court. %ut if the criminal case is lifted in the *@ or S* on appeal, wala /a nang
pa/ialam. It should be the Solicitor )eneral who must represent the ?eople of the ?hilippines.
The ne-t paragraphs of Section D are somehow reiterated in @rticle 166, R?*, which is popularly /nown as ?RIH@TC
*RI+CS2
The crimes o adulter and concu!inage shall not be %rosecuted e9ce%t u%on a com%laint iled
b& the oended s%ouse. The oended %art& cannot institute criminal %rosecution !ithout
includin( the (uilt& %arties+ i both are ali'e+ nor+ in an& case+ i the oended %art& has consented
to the oense or %ardoned the oenders.
The oenses o seduction+ a!duction and acts of lasci#iousness shall not be %rosecuted u%on a
com%laint iled b& the oended %art& o her %arents+ (rand%arents or (uardian+ nor+ in an& case+ i
the oender has been e9%ressl& %ardoned b& an& o them. I the oended %art& dies or becomes
inca%acitated beore she can ile the com%laint+ and she has no :no!n %arents+ (rand%arents or
(uardian+ the State shall initiate the criminal action in her behal.
Ta/e note that in the third paragraph, R@?C is already deleted. It is not a pri'ate crime anymore. It is already a crime
against person because of the new law 7 R@ EADA, @nti>Rape :aw of 1GGF 7 amending the R?*. 5ow, it can be
prosecuted without the pri'ate complainant.
Q: The S* said in one case that there is no such animal as ?ri'ate *rimes because e'ery crime is against the State.
%ut why do we call these pri'ate crimes > adulter% concu!inage% seduction% a!duction% and acts of lasci#iousness?
A: It is because of all these re(uirements2 the complaint is duly prepared, signed and sworn to by the offended party.
@ctually, the correct name of these crimes is *RI+CS "HI*H *@554T %C ?R4SC*0TC3 3C 4,,I*I4.
Q: "hat is the reason for the re(uirement that they shall be prosecuted upon complaint of the offended party?
A: This re(uirement was imposed out of consideration for the offended party or her relati'es who might prefer to suffer
the outrage in silence rather than go through with the scandal of a public trial. 8Sumilin 's. *,I, DF ?hil. 1GE< ?eople 's.
Santos, 101 ?hil. FGE9
In @30:TCR! or *45*0%I5@)C, the offended party is only the husband or the wife. The parents ha'e nothing to do
with the adultery or concubinage. In adultery, it is not allowed that the husband files a complaint against his wife without
including her paramour. 5or is it allowed that the husband files a case for adultery against his wife&s lo'er without including
his wife. The law pro'ides, #--- the offended party cannot initiate criminal prosecution without including the guilty parties,
if both are ali'e, ---$. The same rule applies in concubinage.
In either case, consent or pardon by the offended party is a bar to criminal prosecution. *onsent indicates allowance.
SC30*TI45, @%30*TI45, @*TS 4, :@S*IHI40S5CSS. If the 'ictim is already of @)C, the decision of filing or not
filing the case belongs to her.
Q: "hat happens if the offended party is a +I54R and does not want to file?
A: The parents, grandparents, or guardian may file the complaint.
Q: Suppose the minor is incompetent as in the case of insanity, who will file the complaint?
A: Her parents, grandparents or guardian my institute the case.
Q: Suppose the minor has no /nown parents, grandparents, or guardian?
A: The State shall initiate the criminal action in her behalf under the principle of "arens "atriae.
Q: "hat happens when an information for adultery or concubinage is filed without a complaint? Is it a urisdictional
effect?
A: @ccording to some rulings, it is a urisdictional defect. The S* held that compliance in @rticle A66 and counterpart
8as well as other crimes against chastity9 is urisdictional, and not merely a formal, re(uirement. "hile in point of strict law
the urisdiction of the court o'er the offense is 'ested in it by the Iudiciary :aw, the re(uirement for a sworn written
complaint is ust as urisdictional mandate since it is that complaint which starts the prosecutory proceeding and without
which the court cannot e-ercise its urisdiction to try the case. 8?eople 's. +andea, .0 ?hil. AF1< ?eople 's. Surbano, AF
S*R@ D.D< ?eople 's. %abasa, GF S*R@ .F1< ?ilapil 's. Ibay>Somera, 1F6 S*R@ .DA9
%ut there is a SC*453 HIC"2 !ou can (uestion the filing but it is not urisdictional. It is a condition precedent but not
urisdictional because if you say urisdiction, they are 'ested by the udiciary law. There is nothing in the udiciary law
which can spea/ about complaint filed in court by the offended party. 8?eople 's. Cstrebella 81GE.9< ?eople 's. Saniaga
81GEE9< ?eople 's. %ugtong 81GEG9< ?eople 's. Tarul 81GEG9< ?eople 's. *abodac 81GG19< ?eople 's. :eoparde 81GG19<
?eople 's. Hilario 81GGA9
PRO<6E,2 Suppose a 'ictim of a pri'ate crime in a municipality prepared a complaint, swore to it, and ,I:C3 IT I5
THC +T* ,4R ?RC:I+I5@R! I5HCSTI)@TI45. JRemember that in pro'inces, there are two 819 possibilities if you want
to file a case in the RT*2 819 file a complaint in the +T* for preliminary in'estigation, or 819 file a complaint with the
pro'incial fiscal&s office also for preliminary in'estigation. 0nli/e in the cities we only file with the fiscal because only one is
allowed to conduct preliminary in'estigation in chartered cities.K @fter the preliminary in'estigation, the udge said there is
a probable cause and therefore, forwarded the case to the pro'incial fiscal. The fiscal filed the information in the RT*.
Q: *an the RT* try the case when there is no complaint by the offended party in the RT*?
A: The S* said !CS. The complaint filed in the +T* for preliminary in'estigation will already ser'e the purpose. There
is no need for another complaint to be prepared and signed by the 'ictim to be filed with the RT*.
PRO<6E,2 Suppose the offended party of a pri'ate crime in a municipality, instead of filing the complaint in the +T*,
she filed it in the office of the pro'incial fiscal or prosecutor.
Q: "ill the case prosper?
A: The S* said 54. The case must be dismissed because the complaint contemplated by the law, signed and sworn
to by the 'ictim, is a complaint ,I:C3 I5 *40RT, not a complaint filed in the fiscal&s office.
Q: "hat should be the correct procedure?
A: @fter preliminary in'estigation, the fiscal should prepare a complaint and should prepare an information signed by
him and the 'ictim. 0nli/e where the complaint filed in the +T* for preliminary in'estigation, there is no need for another
complaint to be filed in the RT*. %ut if the complaint &denuncia' is filed in the fiscal&s office, the rule is2 it will not ser'e as
the basis for a criminal prosecution. In connection with this principle is the leading case of
(ast paragraph% )ection *% +ule 11,: No criminal action or defamation !hich consists in the
im%utation o an& o the oenses mentioned abo'e shall be brou(ht e9ce%t at the instance o and
u%on com%laint iled b& the oended %art&.
The fifth paragraph of Section D is ta/en from @rticle A.0 of the R?*. @rticle A.0 refers to the crime of li!el or slander.
Q: Is the crime of defamation Jslander is when you defame somebody orally< li!el is when the defamation is in writingK
a pri'ate crime?
A: 54.
Q: *an a case of slander be filed in court without a complaint signed and sworn to by the offended party?
A: @s a )C5CR@: R0:C, !CS, CL*C?T when the defamation imputes to the offended party the commission of any
of the crimes mentioned abo'e. +eaning, it imputes to the offended party the commission of a pri'ate offense li/e
adulter% concu!inage% a!duction% seduction% acts of lasci#iousness 8@*@S@9. In this case, the criminal action shall be
brought at the instance of and upon a complaint filed by the offended party.
Q: Is the accusation #mang-aagaw ng asawa ng ma asawa.$ an imputation of adultery?
A: 5o. It is a mere implication of a 'ice or defect, not an imputation of adultery. The phrase was translated as #seducer
of the husbands of other woman.$ It implies that the person to whom it is addressed is a ,:IRT, a TC+?TRCSS, or one
who indulges in inciting another&s husband. 8)onBales 's. @rcilla, 5o'ember 1E, 1GG19
The last paragraph states that #The prosecution for 'iolation of special laws shall be go'erned by the pro'ision
thereof.$
Q: "hen is a complaint or information sufficient?
A: Read Section ., Rule 110
SEC. =. )ufficienc of complaint or information. 2 com%laint or inormation is suicient i it
states the name o the accused. the desi(nation o the oense (i'en b& the statute. the acts or
omissions com%lained o as constitutin( the oense. the name o the oended %art&. the
a%%ro9imate date o the commission o the oense. and the %lace !here the oense !as
committed.
;hen an oense is committed b& more than one %erson+ all o them shall be included in the
com%laint or inormation. #=a$
Q: Suppose the information is defecti'e, /ulang>/ulang ba, there are some essential facts re(uired by law which are
not stated. *an it be cured during the trial?
A: !CS. @ny defect in the complaint or information may be cured by e'idence introduced by the prosecution, CL*C?T2
1. when the defect is urisdictional 8?eople 's. @bad Santos, F. ?hil. F669< or
1. when the complaint or information does not charge any offense. 8?eople 's. @ustria, G6 ?hil. EGF9
SEC. >. /ame of the accused. The com%laint or inormation must state the name and surname
o the accused or an& a%%ellation or nic:name b& !hich he has been or is :no!n. I his name
cannot be ascertained+ he must be described under a ictitious name !ith a statement that his true
name is un:no!n.
I the true name o the accused is thereater disclosed b& him or a%%ears in some other
manner to the court+ such true name shall be inserted in the com%laint or inormation and record.
#>a$
Q: 4ne of the re(uirements under Section F is that the name of the accused must be stated in the information. Ch
/ung nag/amali /a? Is that fatal? "hat is the effect of an erroneous name gi'en to the accused in the complaint or
information?
A: The defect is not fatal. The error will not produce any ad'erse effect because what is important is the identity of the
person of the accused, not his name . 8?eople 's. Ramos, ED ?hil. .EA9 =ung nag/amali, eh di palitanM 0pro!lema !a un1
2a.3 This reminds me of the 4ortun brothers 7 the 5elia +a6as incident during the impeachment trial.
SEC. ?. 5esignation of the offense. The com%laint or inormation shall state the desi(nation o
the oense (i'en b& the statute+ a'er the acts or omissions constitutin( the oense+ and s%eci&
its )uali&in( and aggravating circumstances. I there is no desi(nation o the oense+ reerence
shall be made to the section or subsection o the statute %unishin( it. #?a$
SEC. @. Cause of the accusation The acts or omissions com%lained o as constitutin( the
oense and the )uali&in( and a((ra'atin( circumstances must be stated in ordinar& and concise
lan(ua(e and not necessaril& in the lan(ua(e used in the statute but in terms suicient to enable
a %erson o common understandin( to :no! !hat oense is bein( char(ed as !ell as its
)uali&in( and a((ra'atin( circumstance and or the court to %ronounce 0ud(ment. #@a$
There is one maor change here. The law now specifically emphasiBes under Section E and Section G that you do not
only mention the crime. !ou must also specify the aggra'ating and the (ualifying circumstance. "hat is new here is the
7aggra#ating.8
The old rule is, there is no need of specifying the aggra'ating circumstances because anyway, they are not elements
of the crime. They are only circumstances that affect the criminal liability and if the aggra'ating circumstances are pro'en,
they can still be applied against the accused. The new law now says you do not only specify the (ualifying, you also
mention the aggra'ating. 5ow, how does it affect the old urisprudence?
Q: @ccording to Section G, the elements of the crime must be recited in the complaint or information. +ust the e-act
language of the law be used?
A: 54. !ou can use other words pro'ided it would con'ey the same idea or thought.
E52,P6E2 THC,T. The information does not contain the allegation #intent to gain$ which is an element of the crime of
theft. The S* said it is not re(uired because those words are presumed from the information that the accused
appropriated to himself the things belonging to the offended party. 80.S. 's. @labot, AE ?hil. .GE9
E52,P6E2 R4%%CR! "ITH ,4R*C 0?45 THI5)S. There was no allegation that the accused entered the house
of the 'ictim with the use of force upon things but the information alleges that the accused entered the house of the 'ictim
by passing through a hole in the ceiling, an opening not intended for entrance. @no yan? The S* said that is tantamount to
use of force upon things. 8?eople 's. :areBa, FA ?hil. .DE9
E52,P6E2 +0R3CR. There was no allegation of treachery &ale#osia' but the information says that when the
accused /illed the 'ictim, the latter was not in the position to defend himself. The S* said they mean the same thing. In
fact, it became clearer. 8?eople 's. )ustahan, 6F ?hil. AF.9
5ow let&s go to the ne-t section. !ou must allege the place of the commission of the crime. !ou must also allege the
date of the commission of the crime.
SEC. 10. "lace of commission of the offense. The com%laint or inormation is suicient i it can
be understood rom its alle(ations that the oense !as committed or some o its essential
in(redients occurred at some %lace !ithin the 0urisdiction o the court+ unless the %articular %lace
!here it !as committed constitutes an essential element o the oense char(ed or is necessar&
or its identiication. #10a$
Q: "hen you say place, do you ha'e to be 'ery specific as to the place where the crime was committed? !ou must
describe the /alsada, the street?
A: 54. @s a matter of fact, if you loo/ at the information, it ust says, you committed the crime in 3a'ao *ity without
e'en stating what barangay or barrio. So, the place of the commission of the crime maybe stated generally. "hat is only
important is it is within the territorial urisdiction
CL*C?TI45 when the place of the commission of the crime constitutes an essential element of the crime charged.
!anM !ou must be specific. C-amples2
E52,P6E2 TRCS?@SS T4 3"C::I5). !ou must specify that the crime was committed by entering into the dwelling
of somebody. !ou cannot ust say that he committed it in 3a'ao *ity. !ou must say na pumaso/ siya sa bahay na ito. 9r
E52,P6E. R4%%CR! I5 @5 I5H@%ITC3 H40SC, ?0%:I* %0I:3I5) 4R C3I,I*C 3CH4TC3 T4 "4RSHI?. !ou
must state the particular house. =ailangan specific /a diyan.
SEC. 11. 5ate of commission of the offense. A It is not necessar& to state in the com%laint or
inormation the %recise date the oense !as committed e9ce%t !hen it is a material in(redient o
the oense. The oense ma& be alle(ed to ha'e been committed on a date as near as possible to
the actual date o its commission. #11a$
Q: How about yung date? Is it necessary that it should be 'ery accurate?
A: 54. "hat is important is that the information alleges that the crime was committed #on or about$ a certain date.
Q: The information said that Iudy committed homicide on Ianuary 10. 3uring the trial, pinalabas na 3ecember 10
pala 7 one month earlier. Is that harmless or fatal?
A: It is still co'ered by the phrase #on or about.$ @ 'ariance of a few months between the time set out in the indictment
and that established by the e'idence during the trial has been held not to constitute an error so serious as to warrant
re'ersal of a con'iction solely on that score alone. 8Rocaberte 's. ?eople, 1GA S*R@ 1G19
%ut when you say 3ecember 1000 and then the crime pala was committed in 1GGD, ay sobra na yanM That is too
much. ,i'e 8D9 years is no longer co'ered by #on or about.$ That is already 'iolati'e of Section 11. @ 'ariance of se'eral
years, or the statement of the time of the commission of the offense which is so general as to span a number of years has
been held to be fatally defecti'e. 8Rocaberte 's. ?eople, 1GA S*R@ 1G19
Q: @nd what is the remedy in that case?
A: The remedy against an indictment that fails to allege the time of the commission of the offense with sufficient
definiteness is a motion for a bill of particulars 8Rocaberte 's. ?eople, 1GA S*R@ 1G19. 3o not dismiss the information.
That was commented by the S* in the recent case of "eople #s. :arcia, 5o'ember ., 1GGF 81E1 S*R@ 6.A9.
I ha'e to admit that the rules now try to ma/e a gap between the date of the commission of the crime as alleged in the
information and the actual date of commission to be not so far. !ou loo/ at Section 112 7;;; The offense ma!e allege or
committed on a date as near as possi!le to the actual date of its commission.8 That phrase 7as near as possi!le8 is not
found in the 1GED rules.
The 45:! CL*C?TI45 is ust li/e in the Section 10, 05:CSS the date of the commission of the crime is an essential
element of the crime. :i/e for e-ample2
E52,P6E2 HI4:@TI45 4, C:C*TI45 *43C, drin/ing li(uor during election day. !ou must be specific /ung anong
araw yun. Hindi pwedeng #on or about election day.$ Hindi pwede yanM If you dran/ li(uor before, wala mang crime. If you
drin/ li(uor after, wala mang crime baM
E52,P6E. I5,@5TI*I3C. It is committed by /illing a child less than A days old or less than F1 hours. If the infant is
e-actly A days old, it is no longer infanticide. So the information must be 'ery specific that the child was born on this day,
on this time and the /illing was done on this day, on this time.
SEC. 1*. /ame of the offended part. The com%laint or inormation must state the name and
surname o the %erson a(ainst !hom or a(ainst !hose %ro%ert& the oense !as committed+ or
an& a%%ellation or nic:name b& !hich such %erson has been or is :no!n. I there is no better !a&
o identi&in( him+ he must be described under a ictitious name.
#a$ In oenses a(ainst %ro%ert&+ i the name o the oended %art& is un:no!n+ the %ro%ert&
must be described !ith such %articularit& as to %ro%erl& identi& the oense char(ed.
#b$ I the true name o the %erson a(ainst !hom or a(ainst !hose %ro%ert& the oense !as
committed is thereater disclosed or ascertained+ the court must cause such true name to be
inserted in the com%laint or inormation and the record.
#c$ I the oended %art& is a 0uridical %erson+ it is suicient to state its name+ or an& name or
desi(nation b& !hich it is :no!n or b& !hich it ma& be identiied+ !ithout need o a'errin( that it
is a 0uridical %erson or that it is or(ani-ed in accordance !ith la!. #1*a$
:et&s go to the ne-t rule 7 name of the offended party. !ou must allege also who is the 'ictim. "e are tal/ing here
about the 'ictim 7 the pri'ate offended party.
Q: "hy is it that the name of the offended party must be alleged in the information?
A: 4irst, the general rule is that, aside from the ?eople of the ?hilippines, there is a pri'ate 'ictim. )econd, so that we
will /now to whom the court will award the ci'il liability.
Q: Is there a possibility by which the name of the offended party is not mentioned in the information but the same is
still 'alid?
A: !CS. ?aragraph JaK, in a crime against propert. If you do not /now who is the 'ictim of theft or robbery, it is enough
that you describe the property in the information.
SEC. 11. 5uplicit of the offense. 2 com%laint or inormation must char(e onl& one oense+
e9ce%t !hen the la! %rescribes a sin(le %unishment or 'arious oenses. #11a$
The complaint or information must charge only one offense. It cannot charge 1 or more offenses. If it does, it is called
duplicitous complaint or information.
Q: "hat is the remedy there?
A: @ctually, you can file a +otion to Nuash under Section A JfK, Rule 11F. %ut the defect is wai'able because if you do
not file a +otion to Nuash, the trial can proceed and if you are found guilty for committing 1 or more crimes, then there will
be 1 or more penalties 8Section 6, Rule 1109. 3apat diyan, one information, one crime. That is the )C5CR@: R0:C.
This seems to go against the rule in ci'il procedure about oinder of causes of action. In one complaint you can oin 1
or more causes of action, although you can also file 1 or more cases. @no&ng tawag diyan? Ioinder of parties or oinder of
causes of action. There is no such thing as oinder of crimes in criminal procedure.
E52,P6E2 The ?atric/ got a gun, went out of the street, then met three people. %inaril niya2 %angM %angM %angM
Tatlong tao patayM. 5ow, he commits three 8A9 crimes of homicide.
Q: *an I file one information accusing ?atric/ of A homicide committed on that day?
A: 54. That is duplicitous. There must three 8A9 informations, one for each 'ictim.
Q: %ut that is troublesome. The e'idence or the witnesses are identical. "hat is the remed?
A: !ou file a +otion to *onsolidate your trial 7 oint trial for the A criminal cases. That is the remedy, but not 1
information charging A acts of homicide unless the other party does not (uestion the duplicitous character of the
information.
CL*C?TI45. The rule prohibiting duplicitous complaints or informations pro'ides for e-ceptions2 #C-cept when the
law prescribes a single punishment for 'arious offenses.$ "hen the law pro'ides only one penalty for 1 or more offenses
then Section 1A is not 'iolated. <;amples:
E52,P6E2 *4+?:CL *RI+CS 7 when a single act produces 1 or more gra'e or less felonies or when one offense
is a necessary means to commit another. @ctually, parang duplicitous yun eh /ung tingnan mo because you are accusing
somebody of 1 homicides based on 1 single act. %ut that is only an e-ception. There is one penalty anyway.
E52,P6E2 S?C*I@: *4+?:CL *RI+CS. Robbery with homicide or Rape with Homicide. That is not duplicitous.
There is one penalty there.
E52,P6E2 3C:IT4 *45TI50@34. The accused stole 1 rooster owned by 1 different people. @ctually, there are 1
acts of ta/ing but in the eyes of the law, there is only one crime. The accused was moti'ated by single criminal resolution.
The rule is different when the accused is charged of 'iolating 1 different sections of the same law with distinct
penalties which, if charged in a single information, would render it duplicitous. 8?eople 's. ,errer, 101 ?hil. 1A69
SEC. 13. Amendment or su!stitution. 2 com%laint or inormation ma& be amended+ in orm or
in substance+ !ithout lea'e o court and !hen it can be done !ithout causin( %re0udice to the
ri(hts o the accused.
8o!e'er+ an& amendment beore %lea+ !hich do!n(rades the nature o the oense char(ed in
or e9cludes an& accused rom the com%laint or inormation+ can be made onl& u%on motion b& the
%rosecutor+ !ith notice to the oended %art& and !ith lea'e o court. The court shall state its
reasons in resol'in( the motion and co%ies o its order shall be urnished all %arties+ es%eciall&
the oended %art&. #n$
I it a%%ears at an&time beore 0ud(ment that a mista:e has been made in char(in( the %ro%er
oense+ the court shall dismiss the ori(inal com%laint or inormation u%on the ilin( o a ne! one
char(in( the %ro%er oense in accordance !ith section 1@+ Rule 11@+ %ro'ided the accused shall
not be %laced in double 0eo%ard&. The court ma& re)uire the !itnesses to (i'e bail or their
a%%earance at the trial. #13a$
In ci'il procedure, formal amendment 7 no problem. It can be allowed at any stage. )u!stantial amendment, for as
long as there is still no responsi'e pleading, the plaintiff can amend his complaint anytime. 4nce a responsi'e pleading is
filed, substantial amendment is allowed but with lea'e of court.
In criminal procedure the rule is2 for as long as the accused has not yet entered his plea 7 wala pang arraignment, the
accused has not yet pleaded guilty or not guilty 7 the information can be amended either in substance or in form.
Q: "hat happens if the accused has alread entered his plea? *an the information still be amended by the
prosecution?
A: @s to ,4R+ 7 !es, as a matter of udicial discretion. =ailangan merong permission.
@s to S0%ST@5*C 7 5e'erM %awalM 100O prohibited.
Q: How do you determine whether the amendment is formal or substantial? Sometimes madali, sometimes mahirap.
=ung wrong spelling lang, talagang formal yan.
A: @ccording to the S* based on certain cases, the following are considered su!stantial and therefore cannot be
allowed after plea2
1. if the amendment changes the manner of the commission of the offense< 8?eople 's. Pulueta, EG ?hil. FD19
2. if it changes the name of the offended party< 8?eople 's. 0ba, GG ?hil. 1A69
3. if it changes the date of the commission of the offense< 8?eople 's. 4pemia, GE ?hil. .GE9
:et&s say, from the year 1000 to D years bac/wards. Hindi pwedeng maging formal yan.
4. when the purpose of amendment is to ma/e the information charge an offense when the original information
does not charge an offense< 8"ong 's. !atco, GG ?hil. FG19 or
*. when it changes the fact or ground of responsibility alleged in the original information. 8?eople 's. :abatete,
DF 4.). .FEA9
<;ample2 from accomplice, gagawin /ang principal. The same is not formal.
Q: How do you determine whether the amendment is as to form or substance?
A: @n amendment which merely states with additional precision something which is already contained in the original
information, and which, therefore, adds nothing essential for con'iction for the crime charged is an amendment to form
that can be made at anytime. 8?eople 's. +ontenegro, 1DG S*R@ 1A.9
Q: The amendment is substantial if the amendment will preudice the rights of the accused. How do you determine
whether the rights of the accused are preudiced?
A: The test as to when the rights of an accused are preudiced by the amendment of a complaint or information is
when a defense under the complaint or information, as it originally stood, would no longer be a'ailable after the
amendment is made, and when any e'idence the accused might ha'e, would be inapplicable to the complaint or
information as amended. 8?eople 's. +ontenegro, 1DG S*R@ 1A.9 +eaning, e'idence which could help you in the first
place will no longer help you after the amendment 7 that is preudicial.
8o!e'er+ an& amendment beore %lea+ !hich do!n(rades the nature o the oense char(ed in
or e9cludes an& accused rom the com%laint or inormation+ can be made onl& u%on motion b& the
%rosecutor+ !ith notice to the oended %art& and !ith lea'e o court. The court shall state its
reasons in resol'in( the motion and co%ies o its order shall be urnished all %arties+ es%eciall&
the oended %art&. #n9&second paragraph% )ection 14% +ule 11,'
The second paragraph of Section 16 is new. Ta/e note in the case of $uhat, from homicide to murder. Ito naman,
bali/tad. :et&s say before arraignment, sabi ng ,iscal2 #Te/a muna, di pala murder, homicide lang pala,$ So, gi>downgrade
baM
5ow, if prosecutor will do that, he must notify the offended party, at least the family, so that he can be heard before the
trial court allows. So this time, the amendment is not a matter of right.
@gain, when you amend a complaint or information to downgrade the nature of the offense or when the amendment is
to e-clude an accused from the complaint or information, of course, it can only be done by motion of the prosecutor,
notice to the offended party, and decree of court. That is a new pro'ision.
I it a%%ears at an&time beore 0ud(ment that a mista:e has been made in char(in( the %ro%er
oense+ the court shall dismiss the ori(inal com%laint or inormation u%on the ilin( o a ne! one
char(in( the %ro%er oense in accordance !ith section 1@+ Rule 11@+ %ro'ided the accused shall
not be %laced in double 0eo%ard&. The court ma& re)uire the !itnesses to (i'e bail or their
a%%earance at the trial. &(ast paragraph% )ection 14% +ule 11,'
:et&s go to basic.
Q: @fter the trial, the crime pro'en is different from the crime charge. Howe'er, the former is included in the latter. "ill
you dismiss the case?
A: 54, ust con'ict the accused for the crime pro'en since the crime pro'en is included in the crime charged.
E52,P6E2 Ienny was charged with murder. @fter trial, the prosecution pro'ed homicide. "hat will the court do?
3ismiss the complaint for murder? 54. Ienny should be con'icted for homicide because all the element of homicide are
also included in the crime of murder. 8Rule 11G9
Howe'er, that is not what Section 16 contemplates. "hat is contemplated by Section 16 is, the offense pro'en is
completely different from the crime charged and therefore the accused cannot be con'icted for the crime pro'en because
the crime pro'en is not included in the crime charged.
Q: So what should the court do?
A: The court should dismiss the complaint or information upon the filing of a new information by the prosecution.
?ro'ided, the principle of double eopardy is not applicable.
Remember the case of =!a, where HidB was charged with oral defamation for uttering slanderous remar/s against
Iessamyn on a particular date and time. %ut during the trial, it turned out that the slander was committed against :yle.
5ow, can HidB be con'icted for the crime of slander against :yle, when the information says the crime was against
Iessamyn? 54. @lthough the crime pro'en is the same, howe'er the erroneous designation of the offended party deals
with entirely another crime committed against a different person.
Q: "hat should the court do in that case?
A: ,ollowing Section 16, the fiscal should file a new information almost e-actly the same as the old one, now the
offended party is :yle. The court will now dismiss the original charge which is entirely different.
Q: "hat do you call that?
A: S0%STIT0TI45 of complaint or information.
1. @+C53+C5T may in'ol'e either formal or substantial changes, while S0%STIT0TI45 necessarily
in'ol'es a substantial change from the original charge<
1. @+C53+C5T before plea has been entered can be effected without lea'e of court, but
S0%STIT0TI45 of information must be with lea'e of court as the original information has to be
dismissed<
A. "here the @+C53+C5T is only as to form, there is no need for another preliminary in'estigation and
the reta/ing of the plea of the accused< in S0%STIT0TI45 of information, another preliminary
in'estigation is entailed and the accused has to plead anew to the new information< and
6. @n @+C53C3 information refers to the same offense charged in the original information or to an
offense which necessarily includes or is necessarily included in the original charge, hence substantial
amendments to the information after the plea has been ta/en cannot be made o'er the obection of
the accused, for if the original information would be withdrawn, the accused could, in'o/e double
eopardy. 4n the other hand, S0%STIT0TI45 re(uires or presupposes that the new information
in'ol'es a different offense which does not include or is not necessarily included in the original
charge, hence the accused cannot claim double eopardy.
In amendment, you are not changing the crime. The crime is the same. Therefore, after the accused has pleaded, you
cannot change the information anymore. That is why substantial amendments can ne'er be allowed after the plea. If this
rule is 'iolated, he will be placed in double eopardy because you are charging him for the same offense or an offense
necessarily included in the original charge.
4n the other hand, su!stitution presupposes that the new information or complaint in'ol'es a different offense which
is not necessarily included in the in the original charge. Therefore, the accused cannot claim double eopardy. How can
you in'o/e double eopardy in substitution when the new charge is completely different from the original charge?
I remember this was a 1GG1 decision. 3uring the 1GG6 %ar e-ams, this was one of the (uestions that entered into my
mind. 5ahulaan /o na lalabas ito eh. 8ehemM92 distinguish amendment from substitution. Iust remember the case of
Teehan>ee ?r. #s. @adaag. I thin/ that (uestion was only A points. @lright.
SEC. 17. "lace where action is to !e instituted. #a$ Sub0ect to e9istin( la!s+ the criminal action
shall be instituted and tried in the court o the munici%alit& or territor& !here the oense !as
committed or !here an& o its essential in(redients occurred.
#b$ ;here an oense is committed in a train+ aircrat+ or other %ublic or %ri'ate 'ehicle in the
course o its tri%+ the criminal action shall be instituted and tried int eh court o an& munici%alit&
or territor& !here such train+ aircrat+ or other 'ehicle %assed durin( its tri%+ includin( the %lace o
its de%arture and arri'al.
#c$ ;here an oense is committed on board a 'essel in the course o its 'o&a(e+ the criminal
action shall be instituted and tried in the court o the irst %ort o entr& or o an& munici%alit& or
territor& !here the 'essel %assed durin( such 'o&a(e+ sub0ect to the (enerall& acce%ted
%rinci%les o international la!.
#d$ Crimes committed outside the Phili%%ines but %unishable under 2rticle * o the Re'ised
Penal Code shall be co(ni-able b& the court !here the criminal action is irst iled. #17a$
In ci'il case we call this #enue. In criminal procedure, 'enue is also urisdiction. It refers to territorial urisdiction. So if
you file a criminal case in the wrong place, the accused could (uestion the urisdiction of the court o'er the offense. This is
one difference between ci'il and criminal procedure.
#a$ Sub0ect to e9istin( la!s+ the criminal action shall be instituted and tried in the court o the
munici%alit& or territor& !here the oense !as committed or !here an& o its essential
in(redients occurred. 8Section 1D, Rule 1109
The word municipalit here includes cities because it could be a city. +unicipality definitely refers to a crime triable by
the +T*. The word territor refers to a crime triable by the RT* because of the pro'ision of Section 1E, %? 11G that e'ery
RT* has its own territory o'er which it resides, for purposes of 'enue in ci'il cases and urisdiction in criminal cases
where the offense was committed or where any of the essential ingredients occurred.
Q: "hy does the law prescribes that the case be filed or tried in the place where the crime was committed?
A: The following are the reasons2
1. The interest of the public re(uires that, to secure the best results and effects in the punishment of crimes, it is
necessary to prosecute and punish the criminal in the 'ery place, as near as may be where he committed his
crime 8+RR *o. 's. @tty. )eneral, 10 ?hil. D1A9<
1. @s to the interest of the accused, it would cause him great incon'enience in loo/ing for witnesses and other
e'idence in another place. 8%eltran 's. Ramos, G. ?hil. 16G9
The law says, the criminal case will be tried, where?
1. where the offense was committed< or
1. where any of the essential ingredients occurred.
W2<+< T2< 944</)< WA) C9@@ITT<5
This refers to what you call local offense. "hat do you mean by a local offense? It is an offense, which is fully
consummated in one place. +eaning, all the elements of the crime happened in that place.
W2<+< A/A 94 T2< <))</TIA( I/:+<5I</T) 9CC=++<5
This refers to what te-t writers call the continuing offense 7 where the elements occurred in 1 or more places 7 one
element occurs here, the other in another place. So either one can try the case. The 'enue in this case is the choice of
the prosecution.
@nd mind you, the word #continuing offense$ should not be confused with the concept in criminal law 7 the so>called
continuous crime under @rticle 6E also /nown as #delicto continuado.$ 3alawang /laseng continuing crime, eh. 4ne of the
relati'es of comple- crime is #delicto continuado$ 7 where a person performs a series of acts but all emanating from one
criminal resolution 7 but the issue to be resol'ed is2 how many crimes were committed by the accused? !un ang tanong
dun.
Ito namang #continuing offense$, the (uestion here is2 in which court of what place will the crime be tried? !anM
Q: How do you define a continuing offense or transitory crime?
A: It is a crime where the elements occur in se'eral places.
E52,P6E2 =I35@??I5) or @%30*TI45. The accused /idnapped Cltor in 3a'ao *ity and brought the Cltor in
*otabato and hidden there. Same thing with abduction2 =aren was abducted in 3a'ao *ity and brought in *otabato.
Q: "here should the case of /idnapping or abduction as the case may be, be filed?
A: It could be filed in 3a'ao where the 'ictim was ta/en or abducted, or in *otabato were the 'ictim was brought.
Q: %rod ?ito too/ your 'ehicle here in 3a'ao and brought it to *otabato. "here should the crime of (ualified theft be
tried? 3a'ao or *otabato? Is that a continuing offense or not?
A: 3a'ao. It is a local offense. ,rom the moment the car was ta/en in 3a'ao, the crime has already been
consummated. It is not an indispensable re(uisite of theft that the thief carry, more or less far away, the thing ta/en by him
from its owner. 83uran 's. Tan, ED ?hil. 6F.9 Theft is committed by ta/ing personal things. Ta/ing is instant. ,rom the
moment it came to y our possession, tapos naM
:et&s go to the issue of ,C5*I5) 7 you buy stolen property. If you ha'e /nown it is stolen, you are liable. %ut ta/e
note2 there can be no fencing if there is no robbery or theft. ,encing presupposes there is robbery or theft.
Q: Inday stole a property in 3igos. It was brought here and +aritess bought it here in 3a'ao. +aritess is now charged
with fencing. 4f course +aritess can be charged here in 3a'ao *ity because she bought it here. %ut can the crime of
fencing be also filed in 3igos where the theft was committed on the theory that2 how can there be fencing unless there
was theft? Therefore e'erything can go bac/ to the place where the original crime was committed. Is that correct?
A: It is 54T correct because fencing is not a continuing crime. It is a local offense. It is different from the crime of theft
or robbery. %oth crimes are two different crime. The law on fencing does not re(uire the accused to ha'e participated in
the criminal design to commit, or to ha'e been in any wise in'ol'ed in the commission of, the crime of robbery or theft.
5either is the crime of robbery or theft made to depend on an act of fencing in order that it can be consummated. True,
the obect property in fencing must ha'e been pre'iously ta/en by means of either robbery of theft but the place where the
robbery or theft occurs is inconse(uential.
It may not be suggested, for instance, that, in the crime of bigamy which presupposes a prior subsisting marriage of
an accused, the case should thereby be triable li/ewise at the place where the prior marriage has been contracted.
8?eople 's. 3e )uBman, 4ctober D, 1GGA9
Q: CST@,@ or +@:HCRS@TI45. The company&s head office is in +a/ati. =enneth is the representati'e of the
company assigned in 3a'ao. He collects payments from customers in 3a'ao and he is supposed to remit all his
collections to +a/ati. =enneth did not remit his collections to +a/ati. "here should the case of estafa be brought? 3a'ao
or +a/ati?
A: Cither of the two. The crime is continuing. It shall be instituted in the place where the misappropriation was
committed 9+ in the place where the accused was to render his accounting. 80.S. 's. +esina, 61 ?hil. .F9
:et&s go to %405*I5) *HC*=S law. "here should the criminal case for 'iolation of bouncing chec/s law be filed?
Q: "here shall the criminal action for ,@:SI,I*@TI45 of a pri'ate document be filed?
A: It shall be filed in the place where the document was falsified, regardless of whether it was or was not put to the
illegal use for which it was intended. 80.S. 's. %arretto, A. ?hil. 1069
Q: )enie e-ecuted a false affida'it in +anila. It was sent to 3a'ao to be used in a certain proceeding or case. "here
is the 'enue of the ?CRI0R!?
A: It should be filed in the place where the false e'idence was submitted and 54T in the place where the false
affida'it was subscribed and sworn to. 80.S. 's. *aQete, A0 ?hil. AF19
:et&s go to some CL*C?TI45S2
Q: @re there instances where the crime is committed in this place but the trial can be filed in another place, other than
the place where the crime was committed?
A: !CS, if the law says so because of the opening clause of paragraph 8a9 of Section 1D which says, 7su!6ect to
e;isting laws.8 +eaning, this is the applicable rule unless other e-isting law says otherwise.
Q: )i'e instances where the crime maybe committed in one place but the law pro'ided for a different 'enue of trial.
A: The following2
1. (i!el 7 under @rticle A.0 of R?*, it is to be filed where the libelous matter was printed or first published, or
where the inured party resides or where he holds office<
1. )andigan!aan (aw 7 cases falling under the urisdiction of the Sandiganbayan are tried in designated
places<
A. )ection * &4'% Article BIII% 1CDE Constitution 7 The S* may order a change of 'enue or place of trial to a'oid a
miscarriage of ustice as what happened in the case of )ancheF and +isuari.
Those are the e-ceptions. @ll the rest co'ers other cases ?aragraph 8d9 refers to crimes committed on board a
?hilippine ship or airplane abroad. It is triable in the ?hilippines. "here in the ?hilippines? 7 where the criminal action is
first filed. =ung saan, mamili ang prosecution /ung saan i>file.
SEC. 1=. Inter#ention of the offended part in criminal action. ;here the ci'il action or reco'er&
o ci'il liabilit& is instituted in the criminal action %ursuant to Rule 111+ the oended %art& ma&
inter'ene b& counsel in the %rosecution o the oense. #1=a$
4f course, the prosecution is under the control of the fiscal but the law says, the pri'ate offended party can inter'ene
through counsel. That is what you call the appearance of the pri'ate prosecutor.
Q: "hen is it allowed?
A: The following are the re(uirements2
1. if there is ci'il liability arising from the crime because the purpose of the pri'ate prosecutor is to protect the
ci'il liability of the offended party<
1. there is no wai'er. The offended party should not wai'e the ci'il liability<
A. the offended party should not ha'e reser'ed to file a separate ci'il action because once you ha'e made a
reser'ation, wala na. !ou cannot anymore hire a pri'ate prosecutor<
6. the ci'il action has not been pre'iously instituted because if the ci'il action is already filed, you cannot
inter'ene in the criminal case.
Q: "hat are the rights of the offended party in a criminal action?
A: The following2
1. to ta/e part in the prosecution of the offense<
2. to reco'er ci'il liability from the accused arising from the crime< and
3. to appeal from any udgment or order ad'ersely affecting his claim to such ci'il liability. 8?eople 's. HeleB, FF
?hil. 101.9
Q: )i'e the limitations to the offended party&s right of inter'ention in a criminal action.
A: The following2
1. such inter'ention shall be under the direction and control of the fiscal 8Section D9<
1. such inter'ention shall only be for the purpose of enforcing the accused&s ci'il liability arising from the crime.
8?eople 's. HeleB, supra9

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