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Section 1 - Institution of Criminal Action

Applies to commencement of criminal actions in the RTC and inferior courts

Prescription period is interruptible by filing of complaint for preliminary
Refers to offenses not subject to rule on summary procedure
o iolations of municipal or city ordinances are subject to summary
o Prescription period of such are governed by Act! "o ##$%
o Such violations prescribe after $ months
o Interruptible by institution of judicial proceedings against offender
Complaint is s'orn 'ritten statement charging person 'ith an offense
must be in 'riting in the name of people of P( against persons responsible
Complaints for preliminary investigation need not be filed by offended party
o may be filed by any competent person unless subject cannot be
In rape cases) complaints by offended party is sufficient to commence
o fiscal is not bound to file information but may do so
Complaints ta*e priority over information filed in crimes against chastity
Crimes against chastity re+uires s'orn 'ritten complaint as per Sec ,! of Rule
11- .complaint filed in proper court) not in fiscal/s office0
Crimes of Rape can be prosecuted 'ithout s'orn 'ritten complaint
o Comple1 crimes of rape 'ith robbery or homicide does not re+uire s'orn
'ritten complaint
S'orn 'ritten complaint is a jurisdictional re+uisite in crimes of concubinage)
adultery) seduction) abduction) rape) acts of lasciviousness and any defamatorty
S'orn 'ritten complaint is re+uired in both 'ritten and oral defamations 'hich
cannot be prosecuted de oficio
2ust charge only one offense e1cept 'hen la' prescribes single punishment for
various offenses! .special comple1 crimes or composite crimes0
Information is an accusation in 'riting charging a person 'ith an offense must be
subscribed by prosecutor filed 'ith court
must be against all persons appear to be responsible for offense involved
o 3iscal has discretion to determine 'ho 'ill be included in information
o (e can be compelled by mandamus if he abuses discretion by refusing to
include persons despite sufficient evidence!
Petitioners must first e1haust all remedies in ordinary course of la'
.filing a motion in court for inclusion0
o Remedies if fiscal refuses to file information to include an accused person
despite evidence
3ile an action for mandamus
4odge a ne' complaint against offenders and have a ne'
e1amination conducted
Inform Sec! of 5ustice because he can reverse the opinion of the
investigator and designate a special prosecutor!
Institute administrative charges against the erring prosecutor
Institute another criminal action of no double jeopardy is involved
3ile criminal charges under Art! $-6
3ile civil action for damages under Art! $7 of Civil Code!
Secure appointment of another prosecutor
Prohibition to restrain a criminal prosecution are generally not available e1cept
o to afford ade+uate protection of constitutional rights of accused
o 'hen necessary for orderly admin of justice or to avoid oppression
o 'hen there is a pre-judicial +uestion
o 'hen acts of the officer are 'ithout or in e1cess of authority
o 'hen prosecution is under an invalid la') ordinance or regulation
o 'hen there is double jeopardy
o 'hen court has no jurisdiction
o 'hen case is persecution) not prosecution
o 'hen charges are false and motivated by vengeance
o 'hen there is no prima facie case against the accused) motion to +uash
has been denied
captions in an information is not controlling) material allegations are
information should describe particularity as to apprise the accused 'hat he is
being charged 'ith
+ualifying circumstances and aggravating circumstances should be e1pressly
and specifically alleged in complaints or information as they 'ould not be
considered even if proved in trial!
o may be remedied by timely amendment of information before arraignment!
facts constituting habitual delin+uency 8 must be specifically alleged!
2ust sho' crime 'as committed 'ithin territorial jurisdiction of court
if the place of commission is essential element) must be alleged in particularity
dates must be near as possible to the actual date e1cept 'hen time is essential
as in # days rule of infanticide!
Prosecution in RTC is al'ays commenced by information e1cept in crimes
against chastity
3iscal assumes full discretion and control over a case!
9eneral rule is po'ers vested in fiscal cannot be interfered by courts or Sec! of
Cannot be compelled to file criminal info if he thin*s there is no necessary
o remedy is to as* for a special prosecutor
o or appeal fiscal/s decision 'ith Sec! of 5ustice
If information has been filed) courts ac+uire jurisdiction
:ffended parties may intervene even 'hen no civil liability is involved
;hen offended party has filed a separate civil case
o no intervention by private prosecutor
In criminal cases) presence of fiscal is re+uired for validity of proceedings
o only applies to courts provided 'ith their o'n fiscals
o does not apply to municipal courts
Who may prosecute:
1! Concubinage and Adultery
a. only offended spouse regardless of age and not incapacitated
$! Seduction) rape) acts of lasciviousness .e1clusive and in order0
a! :ffended 'oman
i! even if minor
ii! e1clusive if legal age and not incapacitated
iii! If incapacitated or minor .in order0
1! parents
$! grandparents
#! guardians
b! Parents) grandparents) guardians .in order0
i! either of parents 8 either of grandparents
ii! only legal or judicial guardians
iii! Aunts) even if found to be false if rape victim died
c! the State via parens patriae if
i! offended party dies or is incapacitated and no complaint is filed
ii! no *no'n parents) grandparents or guardians
#! In defamation imputing persons in concubinage) adultery) seduction) abduction)
rape or acts of lasciviousness
a! only by the party or parties defamed
Paro! a! co!se!t
Pardon - refers to past acts of adultery
must be e1tended to both offenders to absolve liability
Consent - refers to future acts
sufficient to absolve accused of liability even if granted only to offending spouse
Who may paro! or co!se!t
1! Adultery and concubinage
1! only offended spouse even if minor but not incapacitated
$! Seduction) abduction) rape and acts of lasciviousness
1! :ffended minor 'ith sufficient discretion if she has deceased 8 no parents
$! Parents) 9randparents) 9uardians .in order0 'ithout conformity of
offended party even if latter is a minor
#! :ffended 'oman is of age and not incapacitated
pardon 'hether e1press or implied is sufficient
Subse+uent marriages bet'een offended party and accused e1cept<
1! in adultery and concubinage
$! marriage 'as invalid or in bad faith
#! in private libel or libelous imputation to the complaint of crimes against
chastity 8 rape or slander by deed
=! multiple rape
Ac+uittal or death does not bar prosecution of the other accused in crimes of
adultery or concubinage as if filed before death of the offended spouse
Pardon or consent does not apply to crimes of corruption of minor and 'hite
O""e!e Part#es
1! :ffenses against property
a! if offended party is un*no'n) property must be described 'ith particularity
b! if name 'as found out) courts must cause true name to be inserted in
complaint or information recorded
$! 5uridical Person
a! sufficient to state name or name by designation
all re+uired is that identity of offender is established via
o nic*name) full name
o or described under a fictitious name
If the identity is essential element) error in designation is fatal
o victim must be correctly named
o identity can be confidential to avoid ridicule 'ithout the latter/s consent but
must be identified in the complaint and affidavits field for preliminary
>1amples of :ffended Party
'ido' or murdered victim
sister of deceased 'ife in parricide 'ith minor child and accused only surviving
may be made before or after the accussed pleads
involves formal or substantial
before plea has been entered can
be effected 'ithout leave of court
if only to form) no need for ne'
preliminary investigation and
reta*ing of plea
refers to same offense charged in
original information or included in
original charge
substantial amendment consists of
recital of facts constituting offense
After plea) permitted only as
matters of form if leave of court is
obtained and not prejudicial to
involves a substantial change from
the original charge
must be 'ith leave of court because
original information has to be
another preliminary investigation is
entailed and ne' plea is needed
re+uires or presupoposes ne'
information involves a different
offense 'hich is not included in the
original charge
rights of the accused!
:nly in form if it neither alters or
affects the nature of the offense
%ar#a!ce &et'ee! I!#ctme!t a! Proo"
if offense proved is less serious then offense charged) conviction is based on
'hat is proven
if more serious is proven) conviction if based on 'hat is charged
'hen offense is neither included or offense charged is different) court can
dismiss action and order filing of ne' information charging the proper offense!
must be 'here offense 'as committed or 'here any of essential ingredients
o in moving vehicles .aircraft) trains0 'here such vehicle passed during its
trip) including departure and arrival
o in first port of entry of municpality 'here vehicle passed subject to
generally accepted principles of international la'!
if under Art! $ of RPC) cogni?able 'here criminal action is first filed!
>1ceptions to the Rule of enue<
1! 3elonies in Art! $ of the RPC
$! Continuing offenses
#! Piracy 'hich is triable any'here
=! 4ibel
,! >1ceptional circumstances to ensure a fair trial and impartial in+uiry
%! In any competent court of the region or territory 'hich is the situs of the offense)
subject to the area defined by the Supreme Court
enue of :ffenses determined by Supreme Court
1! Theft) 'here ta*ing 'as effected and consmmated) regardless of 'here stolen
articles 'here ta*en after
$! 3alsification) 'here document 'as actually falsified 'ith intent to prejudice a third
#! iolation of Conditional pardon 'here it 'as committed
=! >stafa 'here such violation 'as actually committed
,! Perjury 'here such affidavit 'as presented not 'here it 'as e1ecuted!
%! >vasion of Service 'here defendant may have escaped or be found
7! Abduction 'ith rape) *idnapping or illegal detention 'here deprivation of liberty
'as carried out!
6! Crime of 3ailure to render accounts 'here said accounts are to be rendered
@! In 4ibel in a published 'or*)
C3I of province or city 'here libelous article is printed and first published
'here any of offended parties resides at time of commission of offense