CRIMINAL PROCEDURE REVIEWER

RULE 110
PROSECUTION OF OFFENSES
filing of the complaint with the
punong barangay.

Section 1. Institution of Criminal

Actions
-preliminary investigation is required for
an
offense
punishable
by
imprisonment of at least four (4)
years, two (2) months and one (1)
day.
Francisco v. Court of Appeals
-the filing of the complaint with the
fiscals office also interrupts the period of
prescription of the offense charged.
Zaldivia v. Reyes
- The
court
held
that
the
interruption of the prescriptive
period upon the institution of
the complaint under section 1 of
Rule 110, does not apply to
cases for violation of special
acts and municipal ordinances.
- Interrupted
only
by
the
institution
of
judicial
proceedings for its investigation
and punishment.

1. Prescription is interrupted with the

filing of the case even if the court is
without jurisdiction.
Prescription commences from
commission or discovery until institution
of judicial proceedings.
2. For violation of special laws
Act No. 3326, Sec. 2
- Prescription should begin to run
from the day of the commission
of the violation of the law, and if
the same be not known at the
time, from the discovery thereof
and
institution
of
judicial
proceedings for its investigation
and punishment.
Section
2.
Information.
-

Institution v. Commencement
Institution- For offenses which require a
preliminary investigation, the criminal
action is instituted by filing the complaint
with
the
appropriate
officer
for
preliminary investigation.
Commencement- criminal action
commenced when the complaint
information is filed in court.

is
or

Complaint

or

Criminal
actions
must
be
commenced in the name of the
People of the Philippines.

Section 3. Complaint Defined.

A complaint is a sworn written statement
charging a person with an offense,
subscribed by the offended party, any
peace officer, or other public officer
charged with the enforcement of the law
violated.
-

Katarungan Pambarangay Law

- The prescriptive periods for
offenses and cause of action
under existing laws shall be
interrupted upon filing of the
complaint
with
punong
barangay.
- The prescriptive periods shall
resume upon receipt by the
complainant of the complaint or
the certificate or repudiation or
of the certification to file action
issued by the lupon or pangkat
secretary.
- Such interruption shall not
exceed sixty (60) days from

The

General rule is that criminal

prosecution
may
not
be
restrained
or
stayed
by
injunction, preliminary or final.
As
distinguished
from
information, a complaint is:
a. executed by a private party
b. supported by oath of the
complainant
c. need not necessarily be filed
with the court

Section 4. Information defined.

-an accusation in writing charging a
person with an offense, subscribed by
the prosecutor and fled with the court.

- must be filed with the court

Section 5. Who
criminal actions.

must

prosecute

People v. Beriales
- Although the Fiscal turns over
the active conduct of the trial to
the private prosecutor, he
should
be
present
during
proceedings.
- Without the public prosecutor,
the evidence presented by the
private
prosecutor
at
said
hearing could not be considered
as evidence for the plaintiff, the
People of the Philippines.
Bravo v. Court of Appeals
- The public prosecutor may turn
over the actual prosecution of
the criminal case, in the
exercise of his discretion, but he
may at any time, take over the
actual conduct of the trial.
- It is necessary that the public
prosecutor be present at the
trial until the final termination of
the case; otherwise, if he is
absent, it cannot be gainsaid
that the trial is under his
supervision and control.
Necessity
of
Service
Government Counsel
-

to

Failure to serve pleadings and

orders
upon
government
counsel renders the court orders
issued upon such petitioners or
motions of an accused void.

Fiscals
Discretion
Prosecution
-

discretion on the part of the

prosecutor.
XN: grave abuse of discretion
Proper remedy- petition
for mandamus

in

It is a rule that a fiscal by the

nature of his office is under no
compulsion to file a particular
criminal information where he is
not convinced that he has
evidence
to
support
the
allegations thereof.
The manner by which the
prosecution of a case is handled
is within the sound discretion of
the prosecutor and the noninclusion of other guilty persons
is irrelevant to the case against
the accused.
The
appreciation
of
the
evidence involves the use of

A
case
dismissed
before
arraignment maybe refiled.

Full Control by the Court Once

Information Filed in Court
Crespo v. Mogul
- Once a complaint or information
is filed in Court, any disposition
of the case as its dismissal or
the conviction or acquittal of the
accused rests in the sound
discretion of the Court.

Motion for Reinvestigaton to be

Addressed to Court Alone
Velasquez v. Tuquero
- A motion for reinvestigation
should, after the court had
acquired jurisdiction over the
case, be addressed to the trial
judge and to him alone.
- The only qualification is that the
action of the court must not
impair the substantial rights of
the accused or the right of the
people to due process.
Complaint cannot be withdrawn by the
Fiscal without the courts consent.
Fiscal is entitled to be heard on
Motion to dismiss
- Any move on the part of the
complainant or offended party
to dismiss the criminal case,
even if without objection of the
accused should first be referred
to the prosecuting fiscal for his
own view on the matter.
- It is only after hearing the
prosecuting fiscals view that
the Court should exercise its
exclusive authority to continue
or dismiss the case.
-at all times, the criminal action shall be
prosecuted under his direction and
control.
Otherwise,
the
entire
proceedings will be null and void.

- it is the duty of the public prosecutor to

appear for the government since an
offense is an outrage to the sovereignty
of the State.
-The supervision and control of the
prosecutor extends to the civil liability
instituted with the criminal action if it
was not filed separately, reserved or
there is no private prosecutor who
intervened.
Crimes Prosecuted upon complaint of
Offended Party:
a. adultery and concubinage
b. seduction, abduction, or acts of
lasciviousness
c. defamation which consist in the
imputation of an offense mentioned
above.
Concept of Private Crimes:
- Felonies
which
cannot
be
prosecuted
except
upon
complaint filed by the aggrieved
party.
- Institution of the action in socalled private crimes is at the
option of the aggrieved party.
In prosecution for adultery and
concubinage, the person who can
legally file the complaint should be
the offended spouse, and nobody
else
If the offended party is of age, the
right to file the complaint is
exclusive and successive.
The death of the complainant
during the pendency of the case is
not a ground for extinguishment of
criminal liability whether total or
partial.
In a case involving crimes against
chastity, the prosecution may be
conducted by the fiscal on the
basis of the complaint filed in the
inferior court. There is no need to
file an information.
- Filing
of
complaint
is
jurisdictional
Section 6. Sufficiency of complaint
or information.
It is fundamental that every
element of which the offense is
composed must be alleged in the
complaint or information.
- Enable the accused to suitably
prepare his defense.

All that is required is that the

charge be set forth with such
particularity as will reasonably
indicate the exact offense which
the accused is alleged to have
committed
Conviction or acquittal under a
fatally defective information for
want of certain essential allegation
is not necessarily void when no
objection appears to have been
raised at the trial and the fatal
defect could have been supplied by
competent proof.
Substantial Compliance Rule
- The character of the crime is not
determined by the caption or
preamble of the information nor
from the specification of the
provision of law alleged to have
been violated, as they may be
conclusions of law, but by the
recital of the ultimate facts and
circumstances in the complaint
or information.
- Conspiracy must be alleged, not
just inferred, n the information
on which basis, an accused can
aptly enter his plea
- In the absence of conspiracy, so
averred and proved an accused
can only be made liable for the
acts committees by him alone
and this criminal responsibility is
individual and not collective.
Section 7. Name of the accused.
Error in the name or identity should
be raised on arraignment.
Where an accused has been sued
as John Doe in an information filed
in due form, and after due
investigation by the Fiscal, his
identity became known, his true
name may be inserted without
further
need
of
preliminary
investigation
Section 8. Designation of the
Offense.
- The complaint or information
shall state the designation of
the offense given by the statute,
aver the acts or omissions
constituting the offense, and
specify
its
qualifying
and
aggravating circumstances.

Section 9. Cause of the accusation.

According
to
jurisprudence,
aggravating circumstances proven
by the evidence, although not
alleged in the information, may be
taken into account as such
aggravating circumstances.
The rule now requires aggravating
circumstances must not only be
proven but it must also be alleged,
otherwise, it should not be
considered.
Purpose of Rule
- Fully appraise the accused of
the true charge against him
- Right of the accused to be
informed of the nature and
cause of the accusation against
him
An indictment must fully state the
elements of the specific offense
alleged to have been committed as
it is the recital of the essentials of a
crime which delineates the nature
and cause of accusation against
the accused.
The test is whether the crime is
described in intelligible terms with
such particularity as to apprise the
accused, with reasonable certainty,
of the offense charged.
Rape:
- Circumstances of the minority of
the victim and her relationship
with the offender must be both
alleged in the information for
rape.

Plea of guilty is not on the offense

alleged in the preamble but for the
crime alleged in the accusatory
portion of the information
Any circumstances that would
qualify or aggravate the crime
charged must be specified in the
information
People v. Aquino
- Rule 110 merely require that the
Information allege, specify or
enumerate
the
attendant
circumstances mentioned in the
law to qualify offense.
- The
words
aggravating/qualifying,
qualifying,
qualified
by,
aggravating, or aggravated
by, need not be expressly
stated as long as the particular
attendant circumstances are
specified in the Information.
Conspiracy:
- It is enough to allege conspiracy
as a mode in the commission of
the crime in either of the
following manner:
1. by the use of the word
conspire
or its derivative
or synonyms
2. by allegations of basic
facts
constituting
the
conspiracy
-

Rule on Exemplary Damages

People v. Catubig
- The qualifying circumstances of
minority
and
relationship,
though not specified in the
complaint, can serve as basis for
awarding exemplary damages.
- Retroactive application of the
rules does not absolve accused
from civil liability.
- An aggravating circumstance,
whether ordinary or qualifying,
should entitle the offended
party to an award of exemplary
damages within the context of
Article 2230 of the New Civil
Code, even if the information or
criminal complaint has not
alleged said circumstances as
required by the rule.

In the absence of conspiracy, so

averred and proved an accused
can only be made liable for the
acts committed by him alone
and this criminal responsibility is
individual and not collective.
The conspiracy is significant
only because it changes the
criminal liability of all the
accused in the conspiracy and
make them responsible as coprincipals regardless of the
degree of their participation in
the crime.

The real nature of the crime

charged is determined not by the
title of the complaint, nor by the
specification of the provision of the
law alleged to have been violated,
but by the facts recited in the
complaint or information.
An accused could not be convicted
under one act when he is charged

with a violation of another if the

change from one statute to the
other involves:
- 1. A change of the theory of the
trial;
- 2. Requires of the defendant a
different defense; or
- 3. Surprises the accused in
anyway.

which must be in the presence of

the accused.

Habitual Delinquency
-

The general rule is that an accused

cannot be convicted of a different
mode of the commission of the
offense charged in the information.
Constitutional basis: Right to be
informed of the nature of the
accusation against him.
People v. Atienza
- The absence of an allegation in
the information of the mode of
mental incapacity in the crime
of rape was deemed waived by
the absence of an objection and
the presentation of evidence to
the contrary.
Failure to object to evidence of the
mode of commission of crime
different from that alleged in the
information is considered a waiver.
Limitation on Waiver
The general rule is that any right
or privilege conferred by statute or
guaranteed by constitution may be
waived, a waiver in derogation of a
statutory right is not favored, and
a waiver will be inoperative and
void if it infringes on the rights of
others, or would be against public
policy or morals and the public
interest may be waived.
Waiver is not allowed where the
information charges no offense.
Waiver is
qualifying
from the
alleged in

not allowed where the

circumstance is different
qualifying circumstance
the information.

Waiver is not allowed where it

would result in a more serious
penalty.
The right to be arraigned cannot
be waived.---There can be no trial
in absentia without arraignment-

The information should specify

the dates: (1) of the commission
of previous crimes; (2) of the
last conviction or release; and
(3) of the other previous
conviction or release of the
accused.
In the absence of allegation in
information of recidivism and
Habitual
Delinquency--the
evidence was properly objected
to as inadmissible.

Section 10. Place of commission of

the offense.
Crimes where place is essential
a. Violation of domicile
b. penalty on keeper, watchman
and visitor of an opium den.
c. Trespass to dwelling
d. Violation of election law
A general allegation in the
complaint that the felony was
committed
within
the
jurisdiction of the court is
sufficient.
Venue of criminal action for
written defamation
- Whenever possible, the place
where the written defamation
wa sprinted and first published
should likewise be alleged.
Section 11. Date of Commission of
the offense.
- It is not necessary to state in
the complaint or information the
precise date the offense was
committed except when it is a
material
ingredient
of
the
offense. The offense may be
alleged to have been committed
on a date as near as possible to
the
actual
date
of
its
commission.
Crimes where time is essential:
a. Infanticide
b. Violation of Sunday Statutes
c. Abortion

 When the time so alleged is not of

the essence of the offense, it need
not be proved as alleged, and the
complaint will be sufficient if the
evidence shows that the offense
was committed at any time within
the period of the statute of
limitation
and
before
the
commencement of the action.

Section 12. Name of the offended

Party.
Person:
the
complaint
or
information to state the name and
surname of the person or any
appellation or nickname by which
such person has been or is known
or be described under a fictitious
name.
Crimes against property: object
taken or destroyed should be
particularly described to properly
identify the crime.

Effects of duplicity of offenses

charged.
- Where the accused is charged in
one information with more than
one offense and makes no
objection to the information on
the ground that it charges more
than one offense,(before trial)
the prosecution may properly
submit evidence as to the
commission of each and all
offenses charged and the court
may properly enter judgment for
each and every offense proved
and impose the proper penalties
for each offense.
-

A motion to quash that more

than one offense charged should
therefore be filed, otherwise it is
deemed
waived
and
the
accused may be convicted for
as many offenses charged and
proved except in those cases
in which existing laws prescribe
a single punishment for various
offenses.

There is no duplicity when the

other offense described is but
an ingredient or an essential
element of the real offense
charged nor when several acts
are
related
in
describing
offense.

In case of offenses against

property, the designation of the
name of the offended party is not
absolutely indispensable for as long
as the criminal act charged in the
complaint or information can be
properly identified.
US v. Kepner,
- When an offense shall have
been described in the complaint
with the sufficient certainty as
to identify the act, an erroneous
allegation as to the person
injured
shall
be
deemed
immaterial as the same is a
mere formal defect which did
not tend to prejudice any
substantial
right
of
the
defendant.
The name of the offended party is,
however, material in slander.
People v. Avellana
- An information for murder is not
defective where anothers name
not the victims name is placed
in the information.
Section 13. Duplicity of the offense.

A complaint or information must

charge only one offense, except
when the law prescribes a single
punishment for various offenses.
Purpose: to give the defendant
the necessary knowledge of the
charge to enable him to prove
his defense.

Single
offense
committed
by
different means
- A well settled rule n considering
indictments that where an
offense may be committed in
any several different modes,
and
the
offense,
in
any
particular instance, is alleged to
have been committed in two or
more modes specified, it is
sufficient to prove that it be
such as to constitute the
substantive offense.
Treason
- A person accused of an offense
is not charged by the number of

counts or paragraphs, but by

the
specific
criminal
acts
regardless of their number
contained in one paragraph or in
one account.
Violation of Child Abuse Law
- Each
incident
of
sexual
intercourse and lascivious acts
with
a
child
under
the
circumstances mentioned in RA
7610 is a separate and distinct
ofeense.

Principle of Delito Continuado

(Continuing offense)
1. Plurality of acts performed
during a period of time.
2. Unity of penal provision violated
3. Unity of criminal intent or
purpose
-

Two or more violations of the

same penal provisions are
united in one and the same
intent or resolution leading to
the perpetration of the same
criminal purpose or aim.
Only one crime in the mind of
the perpetrator.

Illegal Possession of firearm

and Unlawful Killing with the
Use thereof
-

Under the present rule, the

unauthorized use of licensed or
unlicensed firearm is simply an
aggravating circumstance in the
commission of homicide or murder
and no longer a separate offense

The crime of illegal possession of

firearm, in its simple form, is
committed
only
where
the
unlicensed firearm is not used to
commit any of the crimes of
murder,
homicide,
rebellion,
insurrection, sedition or attempted
coup detat. Otherwise, the use of
unlicensed
firearm
would
be
treated either: (1) as essential
ingredient
in
the crimes
of
rebellion, insurrection, sedition or
attempted coup detat; or 2) as an
aggravating
circumstance
in
murder or homicide.

There can be no longer be a

separate conviction of the crime of
illegal possession of firearms under
PD No. 166

Exception to Rule on Duplicity

- Special complex crime
- Complex crime
Complex Crime
- When a single act constitutes two
or more grave or less grave
felonies, or when an offense is a
necessary means for committing
the other, the penalty for the most
serious crime shall be imposed, the
same to be applied in its maximum
period.
- It is sufficient that the information
contains allegations which state
that one offense was a necessary
means to commit the other.
No duplicity in rape with homicide.
Absorption does not include special
laws

Rebellion
- Hernandez doctrine: complexing of
rebellion with any other offense
committed in its course under
either of the clauses of Art. 48 of
the RPC either as a means
necessary to its commission or as
an unintended effect of an activity
that constitutes rebellion.

All crimes, whether punishable

under a special law or general law,
which are mere components or
ingredients,
or
committed
in
furtherance
thereof,
before
absorbed in the crime of rebellion
and cannot be isolated and
charged as separate crimes in
themselves.
Common crimes as absorbed in the
crime of rebellion.

Reckless Imprudence Case

- The information cannot be split into
two; one for physical injuries and
another for the damage to
property, for both the injuries and
the damages committed were
caused by one single act of
physical injuries and damage to
property.
- Lontok, Jr. v. Gorgonio:
if one offense is light,
there is no complex
crime.
Separate
information must be
filed.

Section
14.
Substitution

Amendment

or

The
complaint
cannot
be
withdrawn by the Fiscal without the
courts consent
- Once the case had already been
brought
to
Court
whatever
disposition the fiscal may feel
should be proper in the case
thereafter should be addressed for
the consideration of the Court.
The real and ultimate test of the
independence and integrity of the
trial court is not the filing of the
motions to suspend proceedings
and defer arraignment at the stage
of the proceedings but the filing of
a motion to dismiss or to withdraw
the information on the basis of a
resolution of the petition for review
reversing the Joint resolution of the
investigating prosecutor.

Amendment as to form
- An amendment which merely
states with additional precision
something
which
s
already
contained
in
the
original
information, and which therefore,
adds
nothing
essential
for
conviction for the crime charged is
an amendment as to form that can
be made at any time.
Amendment as to a matter of form
- An amendment which neither
adversely affects the substantial
right of the accused.
Change of dates of commission of
crime-formal

Substantial Amendments
- Amendments that are prohibited
after the accused has pleaded. And
the substantial matters in the
complaint or information is the
recital of facts constituting the
offense charged and determinative
of the jurisdiction of the court.
Habitual Delinquency
- Additional allegations of habitual
delinquency and recidivism is not a
substantial amendment.
Amendments to conform to the
evidence to be presented during
the trial is permissible
Amendment and Substitution

Amendment:
Authorizes the amendment of an
information
or
complaint
in
substance or form, without leave of
court, at any time before the
defendant pleads, and thereafter,
only as to matters of form.
Substitution:
If it appears at any time before
judgment that a mistake has been
made in charging the proper
offense, the court may dismiss the
original complaint or information
and order the filing of a new one
charging
the
proper
offense,
provided the defendant would not
be placed in double jeopardy.
.. That can only be true if the
offense
proved
does
not
necessarily include or is not
necessary included in the offense
charged in the original information.

Amendment
Substitution
Formal
or Substantial
substantial change change from the
original charge.
Amendment
Must be with leave
before plea has of court as the
been entered can original
be
effected information has to
without leave of be dismissed
court
Where
Another
amendment
is preliminary
only as to form, investigation
is
there is no need entailed and the
for
another accused has to
preliminary
plead anew to the
investigation and new information
the retaking of the
plea
of
the
accused
Refers to the same Requires
or
offense charged in presupposes that
the
original the
new
information or to information
an offense which involves
a
necessarily
different
offense
includes
or
is which does not
necessarily
include or s not
included in the necessarily
original charge
included in the
original charge.
Where the second Where the new
information
information
involves the same charges an offense
offense, or the an which is distinct
offense
which and different from
necessarily
that
initially

includes
or
is charged
necessarily
included in the 1st
information

a.
wherein
the
crime
was
committed
b. where any one of the essential
ingredient of the offense took
place.

Limitation to rule on substitution

a. that no judgment has as yet
been rendered
b. the accused cannot be convicted
of the
offense charged or of any
other offense
necessarily
included
therein.
c. the accused would not be placed
in double jeopardy.
Section 14. Place Where Action is to
be instituted.
Criminal action

Committed in
train, aircraft
other public
private vehicle
the course of
trip

a
or
or
in
its

On board a vessel
in the course of its
voyage

Shall be instituted
and tried in the
court
of
the
municipality
or
territory where the
offense
was
committed
or
where any of its
essential
ingredients
occurred.
Court
of
any
municipality
or
territory
where
such train, aircraft,
or other vehicle
passed during its
trip, including the
place
of
its
departure
and
arrival.
Court of the first
port of entry or of
any
municipality
or territory where
the vessel passed
during
such
voyage.

Rule is that one cannot be held to

answer for any crime committed by
him except in the jurisdiction where
it was committed.
Under the 197 Const., the Supreme
Court may order a change of venue
or place or trial to avoid a
miscarriage of justice.
Jurisdiction:

Transitory or Continuing crimes:

- Some acts material and essential
to the crimes and requisite to their
consummation
occur
in
one
municipality or territory and some
in another
- The rule is settled that the court of
either province where any of the
essential ingredients of the crime
took place has jurisdiction to try
the case.
Transitory v. Continuing
Transitory offense- any of the essential
ingredients
took
place.
(estafa,
malversation and abduction)
Continuing offense- consummated in one
place, yet by reason of the nature of the
offense, the violation of the law is
deemed continuing.
Essential requisites of Continuous
crime; Adultery: None
In Bigamy, place where first
marriage
was
celebrated
immaterial
Venue in Estafe
- Estafa is a continuing or transitory
offense which may be prosecuted
at the place where any of the
essential elements of the crime
took place.
- The venue of the offense lies at the
place where the check was
executed and delivered to the
payee.
Abduction
- Persistent and continuing offense
Kidnapping with serious illegal
detention is a continuing crime
where the deprivation of liberty is
persistent and continuing from one
place to another.
Section 16. Intervention of the
Offended Party in Criminal Action.

 With the implied institution of the

civil action in the criminal action,
the two actions are merged into
one composite proceeding, with
the criminal action predominating
the civil.

An offended party loses right to

intervene in the prosecution of a
criminal case, when he has waived
the civil action or expressly
reserved his right to institute the
civil action arising from the offense.