1.
What is the difference between Complaint and
information?
A: 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. While
information is subscribed by the prosecutor and
filed with the court.
2. Who must prosecute criminal actions?
A: All criminal actions either commenced by
complaint or by information shall be prosecuted
under the direction and control of a public
prosecutor. In case of heavy work schedule of
the public prosecutor or in the event of lack of
public prosecutors, the private prosecutor may
be authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecutor to prosecute the case subject to the
approval of the court. Once so authorized to
prosecute the criminal action, the private
prosecutor shall continue to prosecute the case
up to end of the trial even in the absence of a
public prosecutor, unless the authority is
revoked or otherwise withdrawn.
3. John contracted a second marriage and is
clearly guilty of the crime concubinage. Hilda,
mother of his first wife filed a complaint against
John for the crime of concubinage. Will the case
prosper?
A: No, the case will not prosper because the
crime cannot be prosecuted since it is not the
offended spouse who filed the complaint. The
rules of court provides that The crimes of
adultery and concubinage shall not be
prosecuted except upon a complaint filed by the
offended spouse
4. In the case above, the wife has consented to
the infidelity of John but later on filed a
complaint, will the complaint prosper?
A: No, the complaint will not prosper because the law
provides that the offended party cannot institute
criminal prosecution if the party has consented to the
offense.
5. John was allegedly charged with the crime of
acts of lasciviousness. The victim has pardoned
John but the victims parents cannot let it pass
hence has submitted a complaint charging John
the said crime. Will the complaint prosper?
A:No, the complaint will not prosper because the
law provides that in offense relating to acts of
lasciviousness, the said act cannot be
prosecuted if either the offended party, parents,
grandparents or guardian has pardoned the
offender.
6. What should the complaint or information
contain?
A: An information and a complaint should state
the following: (a) name of the accused (b) the
designation of the offense given by the statute
(c) the acts or omissions complained of as
constituting the offense (d) the name of the
offended party (e) the approximate date of the
commission of the offense (f) the place where
the offense was committed.
7. Is it necessary to state in the complaint the
precise date the offense was committed?
Explain.
A: No, it is not necessary to state unless when it
is a material ingredient of the offense.
8. Ben, filed a complaint against Danny for the
crime of Murder. Ben, noticed a mistake in his
complaint and ask you to amend the complaint.
Can you amend the complaint filed despite that
it has already been submitted to the court?
A: Yes, I can amend the complaint in form or in
substance, without leave of
court, at any time before the accused enters his plea
9. John, who is a resident of Laguna, robbed a
bank in Pateros. The bank filed a complaint in
Laguna. Is the bank correct?
A: No, the bank is not correct as they should
have filed it in the court of the municipality or
territory where the offense was committed.
10. Ben filed a criminal action against Charles
and such action has commenced. Can the civil
action arising therefrom be instituted? What is
the effect if the civil action has been filed before
the criminal action?
A: No, civil action that arouse therefrom cannot
be instituted anymore because the law provides
the same. The effect if the civil action has been
filed before the criminal action is that the former
shall be suspended and suspension shall last
until final judgment is rendered in the criminal
action.
11. What are the requirements of due process in
criminal proceeding?
A: (1) that the court or tribunal trying the case is
properly clothed with judicial power to hear and
determine the matter before it;
(2) that jurisdiction is lawfully acquired by it
over the person of the accused;
(3) that the accused is given opportunity to be
heard; and
(4) that judgment is rendered only upon lawful
hearing.
12. What are requisites For The Exercise of
Criminal Jurisdiction?
A: (a) Jurisdiction over the subject matter;
(b) Jurisdiction over the territory; and
(c) Jurisdiction over the person of the accused.
13. Can the RTC of Manila issue a search warrant
for offenses committed in Cavite?
A: No, the RTC of Manila cannot issue a search
warrant for offenses committed in Cavite
because the RTC in Manila does not have the
proper jurisdiction to issue the search warrant.
14. What is the effect if the evidence presented
during the trial shows that the offense was
committed somewhere else and not within the
jurisdiction of the court currently holding the
trial?
A: The court which currently hold the trial must
dismiss the action for want of jurisdiction.