RULE 110 PROSECUTION OF OFFENSES

I. Institution of Criminal Action

A. Criminal Action (Rule 1, Sec. 3, Par. b)
One by which the State prosecutes a person for an act or omission
punishable by law
B. Effect of Institution
1. Interrupt the running of the prescriptive period of the offense charged
unless otherwise provided in special laws (Sec. 1, Par. 2)
2. Interrupt the running of the prescriptive period of the civil action
which cannot be commenced separately or whose proceeding has
been suspended (Rule 111, Sec. 2, Par. 3)
C. Require Preliminary Investigation (Sec. 1, Par. 1, Sub-par. a)
Offenses where the penalty prescribed by law is at least four (4) years,
two (2) months and one (1) day, without regard to fine (Rule 112, Sec. 1,
Par. 2)
Complaint filed:
1. Proper officer for the purpose of conducting the required preliminary
investigation (Rule 112, Sec. 2)
a. Provincial/City Prosecutors and their assistants
b. Judges of MTC
c. National and Regional State Prosecutors
d. Other officers as may be authorized by law:
i. Ombudsman or his deputy for offenses cognizable by the
Sandiganbayan in the exercise of its appellate jurisdiction
D. NOT Require Preliminary Investigation (Sec. 1, Par. 1, Sub-par. b)
Complaint filed:
1. Directly to the MTC
2. Office of the Prosecutor
Metropolitan Manila and other Chartered Cities: Complaint filed only with
the Office of the Prosecutor

II. Direction and Control of Prosecution

A. Public Prosecutor (AM No. 02-2-07-SC amending Sec. 5)
B. Private Prosecutor
1. Heavy work schedule of public Prosecutor or lack of public
prosecutors (AM No. 02-2-07-SC amending Sec. 5)
a. Authorized in Writing by:
i. Chief of Prosecution Office
ii. Regional State Prosecutor
b. Approval of the Court
c. Continue even up to end of trial unless revoked or withdrawn
2. Civil action is instituted with the criminal action (Sec. 16)

III. Complaint/Information
A. Complaint (Sec. 3)
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
B. Information (Sec. 4)
Accusation in writing charging a person with an offense, subscribed by
the prosecutor and filed with the court
C. Form (Sec. 2)
1. In writing
2. In the name of the People of the Philippines
 3. Against all persons who appear to be responsible for the offense
D. Sufficiency (Sec. 6)
1. Name of Accused (Sec. 7)
Name and surname or any appellation or nickname he is known
Name Unknown: described under a fictitious name with a
statement that his true name is unknown
Name Subsequently Known: inserted in the complaint or
information and the record of the case
2. Designation and Duplicity of Offense
Designation of the Offense given by the statute (Sec. 8)
No Designation: reference made to the section or subsection of the
statute punishing it (Sec. 8)
Only one offense should be charged unless the law prescribes a
single punishment for various crimes (Sec. 13)
3. Acts/Omissions constituting the Offense Charged and the Qualifying
or Aggravating Circumstances (Sec. 9)
Ordinary and concise language
Need not be in the language used by the statute punishing it
Terms sufficient to enable a person of common understanding to
know what crime is being charged and the court to pronounce
judgment
4. Name of Offended Party (Sec. 12)
Name and surname or any appellation or nickname he is known
Name Unknown: described under a fictitious name with a
statement that his true name is unknown
Name Subsequently Known: inserted in the complaint or
information and the record of the case
Crimes against Property: describe the property with particularity
to know what crime is being charged
Juridical Persons: state its name or designation without stating
that it is a juridical person or organized in accordance with law
5. Date of Commission (Sec. 11)
Precise date not necessary to state but date as near as possible to
actual date of commission unless material ingredient to the crime
charged
6. Place of Commission
Court where offense was committed or any of its essential
ingredients took place unless an essential element of the crime
charged or for identification purposes (Sec. 10 and 15)
In Transit: Court where it passed during its trip, including the
place of departure and arrival (Sec. 15)
On Voyage: Court where it passed during its voyage, including the
first port of entry subject to the generally accepted principles of
international law (Sec. 15)
Extraterritorial: Court where criminal action is first filed (Sec. 15)
E. Amendment/Substitution (Sec. 14)
1. Amendment Before Plea
Form or Substance without Leave of Court
Substance with Leave of Court: Downgrade the Nature of the
Offense Charged or Excludes any Accused from the Complaint or
Information
2. Amendment After Plea
Form only with Leave of Court
Without prejudice to the rights of the accused
 3. Substitution Before Judgment
Mistake in Charging the proper offense (Substance): file new
complaint or information for the court to dismiss the original
Without placing the accused in double jeopardy

IV. Crimes which cannot be prosecuted De Officio (Sec. 5)

A. Concubinage and Adultery
Complaint by Offended Spouse
No Prosecution:
1. Not including both guilty parties, if alive
2. Offended Party Consented
3. Offended Party Pardoned the Offenders
B. Abduction, Seduction and Acts of Lasciviousness
Complaint by offended party, parents, grandparents or guardian
Right of parents, grandparents or guardian to initiate the criminal action:
exclusive and successively in that order
State Initiates:
1. Offended party dies or becomes incapacitated before complaint is filed
2. No known parents, grandparents or guardian
No Prosecution:
1. Offender is expressly pardoned by any of the above mentioned
persons
C. Defamation consisting of the above-mentioned Crimes
Complaint by offended party