RULE 110. PROSECUTION OF OFFENSES 2.

Filed by an offended party, any peace officer or

Section 1. Institution of Criminal Actions
Criminal action it is an action by which the state
prosecutes a person for an act or omission punishable by
law.
The institution of the criminal action interrupts the running
of the period of prescription of the offense charged,
unless otherwise provided in special laws.
WHEN EXACTLY WILL THE PRESCRIPTIVE PERIOD
FOR OFFENSES BE INTERRUPTED:
The filing of the a criminal action either thru
complaint or information for preliminary
investigation or trial on the merit, interrupts the
period of prescription of the offense charged.
(Francisco vs. CA, 122 SCRA 483)
The filing of a complaint for purposes of
preliminary investigation starts the prosecution
process.
WHO IS THE REAL OFFENDED PARTY IN CRIMINAL
ACTIONS IN COURT?
The People of the Philippines is considered the plaintiff in
the criminal action in court, but since the crime is also an
outrage against the offended party, he is entitled to
intervene in its prosecution in cases where the civil action
is impliedly instituted therein
public officer charged with the enforcement of
the law violated;
3. Not necessarily under oath, except in 2
instances:
Complaint for commission of an offense
which cannot be prosecuted de officio
or is private in nature;
Where the law requires that it is to be
initiated by a complaint sworn to by the
offended party, or when it pertains to
those which need to be enforced by
specified public officers.
Who are the persons that can file a complaint?
1. Offended party;
2. Any peace officer;
3. Other public officer charged with the
enforcement of the law violated
Section 4. Information Defined
An information is an accusation in writing charging a
person with an offense, subscribed by the prosecutor and
filed with the court.
REQUISITES OF AN INFORMATION:
1) It must be in WRITING;
2) It must charge a person with an offense;
3) It must be subscribed by the prosecutor;
4) It must be filed in court.

Section 2. Complaint of Information Who are the persons authorized to file an

Information?
REQUISITES OF COMPLAINT OR INFORMATION: 1. City or provincial prosecutors and their
1. In writing; assistants;
2. In the name of the people of the Philippines; 2. Duly appointed special prosecutors.
3. Against all persons who appear to be
responsible for the offense involved. INFORMATION COMPLAINT
An accusation in writing A sworn statement
Section 3. Complaint Defined charging a person with an charging a person with
A complaint is a sworn written statement charging a offense subscribed by the an offense subscribed
person with an offense, subscribed by the offended party, prosecutor and filed with by the offended party,
any peace officer, or other public officer charged with the the court; any peace officer, or
enforcement of the law violated. Subscribed by the public other public officer
prosecutor / fiscal charged with the
Refers to the one filed in court for the commencement of (indispensable enforcement of the law
a criminal prosecution for violation of a crime usually requirement) violated
cognizable by municipal trial courts as well as to a Filed by the city or Filed by the offended
complaint filed by an offended party in private crimes or provincial prosecutor and party, any peace officer
those which cannot be prosecuted de officio. their assistants or the or other public officer
duly appointed special charged with the
REQUISITES OF A COMPLAINT: prosecutor; enforcement of the law
1) It must be in writing and under oath; violated;
2) It must be in the name of the people of the It is filed with the court; Filed either in court or in
Philippines; the prosecutors office
3) It must charge a person with an offense; and It need not be under oath;
4) It must be subscribed by the offended party, by It must be made under
any peace officer or public officer charged with oath;
It usually refers to public It usually refers to
the enforcement of the law violated.
crimes. private crimes.
WHAT IS THE COMPLAINT FILED WITH THE
PROSECUTORS OFFICE?
The complaint filed with the prosecutors office refers to:
1. Any written complaint;
GENERAL RULE: Prosecutions in the RTC are always
commenced by information.
EXCEPTIONS:
1. In certain crimes against chastity (concubinage,
adultery, seduction, abduction, acts of
lasciviousness) ; and
2. Defamations imputing any of the aforesaid
offenses wherein a sworn written complaint is
required in accordance with section 5 of this rule.
Section 5. Who Must Prosecute Criminal Actions
ALL CRIMINAL ACTIONS COMMENCED BY
COMPLAINT OR INFORMATION SHALL BE
PROSECUTED UNDER THE DIRECTION AND
CONTROL OF THE PROSECUTOR.
May a public prosecutor allow a private prosecutor to
actively handle the conduct of the trial?
Yes, where the civil action arising from the crime
is deemed instituted in the criminal action.
However, Public Prosecutor must be present
during the proceedings and must take over the
conduct of the trial from the private prosecutor at
any time the cause of the prosecution may be
adversely affected.
When can prosecution be controlled by a person
other than the public prosecutor?
1. HEAVY WORK schedule or no public prosecutor
assigned in province or city;
2. Private prosecutor is authorized in WRITING by
the chief prosecutor, the regional state
prosecutor, provincial or city prosecutor;
3. Authority APPROVED by the court;
Private prosecutor shall continue to prosecute the case
until the end of the trial unless authority is withdrawn or
otherwise revoked;
In case of withdrawal or revocation of the authority the
same must be approved by the court.
Who may prosecute private crimes?
1. Adultery and concubinage.
Only by the offended spouse who should
have the status, capacity and legal
representation at the time of filing of the
complaint regardless of age; both guilty
parties must be included in the complaint;
the offended party did not consent to the
offense nor pardon the offender.
2. Seduction, abduction, acts of lasciviousness.
Prosecuted exclusively and successively by the
following persons in this order:
a. By the offended woman.
b. By the guardian, grandparents or
legal/judicial guardian in that successive
order if the offender party is minor or of
age but suffers physical or mental
disability;
c. By the state pursuant to the doctrine of
parens patriae, when the offended party
dies or becomes incapacitated before she
could file the complaint and she has no
known parents, grandparents or
guardians;
3. Private libel.
Only by the offended party.
Note: If the offended party is of legal age
and does not suffer from physical or mental
disability, she alone can file the complaint
to the exclusion of all.
WHO CAN GIVE PARDON?
Concubinage and adultery ONLY THE
OFFENDED SPOUSE not otherwise
incapacitated, can validly extend the pardon or
consent contemplated therein.
Seduction, abduction and acts of
lasciviousness-
a. The offended minor, if with sufficient
discretion can validly pardon the
accused by herself if she has no
parents or where the accused is her
own father and her mother is dead;
b. The PARENTS, GRANDPARENTS OR
GUARDIAN of the offended minor, in
that order, cannot extend a valid pardon
in said crimes without the conformity of
the offended party, even if the latter is a
minor;
c. If the OFFENDED WOMAN IS OF AGE
AND NOT OTHERWISE
INCAPACITATED, only she can extend
a valid pardon.
The pardon refers to pardon BEFORE filing of
the criminal complaint in court. Pardon effected
after the filing of the complaint in court does not
prohibit the continuance of the prosecution of the
offense EXCEPT in case of marriage between
the offender and the offended party.
The subsequent marriage between the party and
the accused extinguishes the criminal liability of
the latter, together with that of the co-principals,
accomplices and accessories, except:
a. Where the marriage was invalid or
contracted in bad faith in order to
escape criminal liability.
b. In private libel or the libelous
imputation of the commission of the
crimes of concubinage, adultery,
seduction, abduction, rape or acts of
lasciviousness and in slander by deed;
c. In multiple rape, insofar as the other
accused in the other acts of rape
respectively committed by them are
concerned.
ONCE THE COMPLAINT IS FILED, DOES DEATH OF
THE COMPLAINANT IN A CRIME OF ADULTERY
EXTINGUISH THE CRIMINAL LIABILITY OF THE
ACCUSED?
No. The participation of the offended party in private
crimes is essential not for the maintenance of the criminal
action but solely for the initiation thereof. Any pardon
given by the complainant or her death after the filing of
the complaint would not deprive the court of the
jurisdiction to try the case.
EFFECT OF DESISTANCE OF COMPLAINANT:
It does not bar the people from prosecuting the criminal
action.
BUT: it does operate as a waiver of the right to pursue
civil indemnity.
Section 6. Sufficiency of Complaint of Information
A complaint or information is sufficient if it states the
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; the approximate
date of the commission of the offense; and
e. The place where the offense was committed.
NOTE: When an offense is committed by more than one
person, all of them shall be included in the complaint or
information.
Purpose: To safeguard the constitutional right of an
accused to be informed of the nature and cause of the
accusation against him so that he can duly prepare his
defense.
Note: Substantial defect in the information cannot be
cured by evidence that would jeopardize the accuseds
right to be informed of the true nature of the offense he is
charged with.
Remedies if Prosecutor refuses to file an Information:
1. File an action for mandamus, in case of grave
abuse of discretion;
2. Lodge a new complaint before the court having
jurisdiction over the offense;
3. Take up the matter with the secretary of justice
in accordance with the administrative code;
4. Institute administrative charges against erring
prosecutor; and
5. File criminal action against the prosecutor with
the corresponding civil action for damages.
Section 7. Name of the Accused
What are the rules in stating the name of the
accused?
A. Name unknown: name or surname of the
accused or any appellation or nickname by
which he has been or is known must be stated.
B. Cannot be ascertained: fictitious name with a
statement that his true name is unknown.
C. While one or more persons, along with specified
and named accused, may be sued as john
does, an information against all accused
described as john does is void, and an arrest
warrant against them is also void.
NOTE: An error in the name of the accused is not
reversible as long as his identity is sufficiently
established. This defect is curable at any stage of the
proceedings as insertion of the real name of the
accused is merely a matter of form.
If error was committed in stating the name of the
accused, the judgment is not reversible on this score
if the identity of the accused has been established.
Section 8. Designation of the Offense
What must the complaint or information state or
designate?
1. The designation of the offense given by the
statute. If there is no designation of the offense,
reference shall be made to the section of the
statute punishing it.
2. The statement of the acts or omissions
constituting the offense, in ordinary, concise and
particular words.
3. The specific qualifying and aggravating
circumstances must be stated in ordinary and
concise language.
N.B. The qualifying or aggravating circumstances cannot
be appreciated even if proved UNLESS alleged in the
information.
Note: If there is conflict between designation or title of the
information and the facts recited in the information, the
actual facts recited shall prevail and determine the nature
of the crime and not the designation or title given in the
information.
Section 9. Cause of the Accusation
NOTE:
If one or more elements of the offense have not
been alleged in the information, the accused
cannot be convicted of the offense charged,
even if the missing elements have been proved
during the trial.
Even the accuseds entering a plea of guilty to
such defective information will not cure the
defect, nor justify his conviction of the offense
charged
Purpose:
1. To enable the court to pronounce a proper
judgment;
2. To furnish the accused with such a description of
the charge as to enable him to make a defense;
3. As a protection against further prosecution for
the same cause. (U.S. v. Karelsen)
May conviction be had even if it appears that the
crime was committed not at the place alleged in the
information?
Yes, provided the place of actual commission
was within the jurisdiction of the court.
UNLESS:
The particular place of commission is an
essential element of the offense charged.
Section 10. Place of the Commission of the Offense What is PRINCIPLE OF ABSORPTION?
GENERAL RULE: A complaint or information is sufficient It refers to acts committed in furtherance of
if it appears from the allegation that the offense was rebellion, though crimes in themselves, are
committed or some of its essential ingredients occurred at deemed absorbed in the one single crime of
some place, within the territorial jurisdiction of the court. rebellion. The test is whether the act was done in
furtherance of a political end. The political motive
EXCEPTION: When the place of commission is an of the act should be conclusively demonstrated.
essential element of the offense, the place of commission
must be alleged with particularity e.g. Trespass to Section 14. Amendment or Substitution
dwelling, destructive arson, robbery in an inhabited
house. AMENDMENT SUBSTITUTION
May involve either Involves substantial
Section 11. Date of the Commission of the Offense formal or substantial change from the original
It is not necessary to state in the complaint or information changes; charge;
the precise date the offense was committed except when Amendment before the It must be with leave of
it is a material ingredient of the offense. The offense may plea has been entered court as the original
be alleged to have been committed on a date as near as can be effected without information has to be
possible to the actual date of its commission. leave of court; dismissed;
An amendment Requires or
Section 12. Name of the Offended Party information refers to the presupposes that the
Notes: SAME OFFENSE new information
The rules require the complaint or information to charged in the original involves a different
state the name and surname of the persons information or to an offense which DOES
against whom or against whose property the offense NECESSARILY NOT INCLUDE OR IS
offense was committed or any appellation or INCLUDES OR NOT NECESSARY
nickname by which such person has been or is NECESSARY INCLUDED in the
known and if there is no better way of identifying INCLUDED in the original charge;
him, he must be described under a fictitious original charge.
name (Sayson v. People, 166 SCRA 693).

In crimes against property, if the name of the KINDS OF AMENDMENT

offended party is unknown, the property must be
described with such particularity as to properly BEFORE PLEA AFTER PLEA
identify the particular offense charged. Formal or substantial Covers only formal
amendments maybe amendments leave of
To constitute larceny, robbery, embezzlement, made without leave of
obtaining money by false pretenses, malicious court is obtained and
court.
mischief, etc., The property obtained must be The prosecutor may such will not prejudice
that of another person, and indictment for such the rights of the
upgrade the offense by
offense must name the owner and a variance in accused;
alleging qualifying or
this respect between the indictment and the aggravating But when facts
proof will be fatal. circumstances provided supervene which
evidence thereon has changes the nature of
Section 13. Duplicity of the Offense been presented during the crime charged in the
Notes: the preliminary information or upgrades
The information is defective when it charges investigation. it to a higher crime, in
two or more distinct or different offenses. A EXCEPTION: which case, there is a
complaint or information must charge only one The prosecutor cannot need for another
offense, except when the law prescribes a downgrade the offense arraignment of the
single punishment for various offenses. charged or exclude accused for the
Purpose: from information a co- amendment
To give the defendant the necessary accused without filing a information.
knowledge of the charge to enable him to motion to that effect.
prove his defense. The state should not heap
upon the defendant two or more charges which
might confuse him in his defense. When is substitution proper?
If it appears ANYTIME BEFORE JUDGMENT that a
EXCEPTION TO THE RULE ON DUPLICITY: mistake has been made in charging the proper offense,
1. Continuous crimes; the court shall dismiss the original complaint or
2. Complex crimes; information upon the filing of a new one charging the
3. Special complex crimes; proper offense, provided the accused shall not be placed
4. Crimes susceptible of being committed in various in double jeopardy.
modes;
5. Crimes of which another offense is an ingredient.
Can the prosecutor amend the information which
changes the nature of the crime after the
arraignment?
The prosecutor CAN NO LONGER AMEND THE
INFORMATION AFTER ARRAIGNMENT as it would
prejudice the substantial rights of the accused.
HOWEVER, WHEN A FACT SUPERVENES WHICH
CHANGES THE NATURE OF THE CRIME charged in the
information or UPGRADES IT TO A HIGHER CRIME, the
prosecutor, WITH LEAVE OF COURT, MAY AMEND the
information to allege such supervening fact and upgrade
the crime charged to the higher crime brought about by
such supervening fact.
What are the rules in case of any variance between
the allegations and proof?
1. When the offense proved is less serious than,
and is necessarily included in, the offense
charged, in which case the defendant shall be
convicted of the offense proved;
2. When the offense proved is more serious than
and includes the offense charged, in which case
the defendant shall be convicted of the offense
charged;
3. When the offense proved is neither included in,
nor does it include, the offense charged and is
different therefrom, in which case the court
should dismiss the action and order the filing of
new information charging the proper offense.
The test as to whether the rights of an accused are
prejudiced 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
available after the amendment is made, and when any
evidence the accused might have, would be inapplicable
to the complaint or information.
An amended 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 taken cannot be made
over the objection of the accused, for if the original
information would be withdrawn, the accused could
invoke double jeopardy. Substitution requires or
presupposes that the new information involves different
offense which does not include or is not necessarily
included in the original charge, hence the accused cannot
claim double jeopardy.
A new preliminary investigation and another arraignment
is needed in case there is a substitution under the second
paragraph of Sec. 14, where the new information charges
an offense distinct and different from the one initially
charged, due to mistake in charging the proper offense.
Section 15. Place Where Action is to be Instituted
Where should a criminal action be instituted?
Subject to existing laws, criminal action shall be
instituted and tried in the court of the
MUNICIPALITY OR TERRITORY WHERE THE
OFFENSE WAS COMMITTED OR ANY OF ITS
ESSENTIAL INGREDIENTS OCCURRED.
Exceptions to the rule on venue:
1. Felonies under Art. 2 of RPC:
Cognizable by the proper court WHERE
THE CRIMINAL ACTION WAS FIRST
FILED.
2. Offenses committed on a railroad train, in aircraft
or in any other public or private vehicle in the
course of its trip:
Maybe instituted and tried in court of any MUNICIPALITY
OR TERRITORY WHERE such train, aircraft or other
VEHICLE PASSED UPON DURING SUCH TRIP,
including the PLACE OF DEPARTURE AND ARRIVAL.
3. Offenses committed on board of a vessel in the
course of its voyage:
Maybe instituted and tried in proper court of the FIRST
PORT OF ENTRY or of any municipality or territory
through WHICH THE VESSEL PASSED UPON DURING
SUCH VOYAGE subject to the generally accepted
principles of international law.
4. PIRACY:
It is TRIABLE ANYWHERE.
5. Libel:
Instituted at the election of the offended party or suing
party in the municipality or city where:
Libelous article is printed and first
published;
If one of the offended parties is a
private individual, where the
private individual actually resides
at the time of the commission of
the offense;
If offended party is a public official,
where the latter holds office at the
time of the commission of the
offense.
6. In exceptional circumstances:
The SUPREME COURT shall have the
power to order change of venue or
place of trial to avoid miscarriage of
justice.
7. In cases filed under BP 22:
Shall be filed at the place where the check was
dishonored or issued in case of crossed check, the place
of the depositary or the collecting bank.
Section 16. Intervention of the Offended Party in
Criminal Action
Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the
prosecution of the offense.
RULE 111. PROSECUTION OF CIVIL OFFENSES
Section 1. Institution of Criminal and Civil Actions
GENERAL RULE: When a criminal action is instituted,
the civil action for recovery of civil liability arising from the
offense charged shall be deemed instituted with the until final judgment has been rendered in the criminal
criminal action. [1st par., Sec. 1 (a)] action.
The criminal action for violation of Batas Pambansa Blg. GENERAL RULE: If the civil action is instituted before the
22 shall be deemed to include the corresponding civil criminal action and the criminal action is subsequently
action. commenced the pending civil action shall be suspended
EXCEPTIONS: until final judgment of the criminal action has been
Offended party WAIVES the civil action; rendered.
RESERVES the right to institute it separately EXCEPTIONS:
1. Independent civil actions;
made before the prosecution starts presenting its
2. Where civil action presents a PREJUDICIAL
evidence or
QUESTION, and
INSTITUTES the civil action prior to the criminal
3. Where civil action is NOT ONE INTENDED
action. [Sec. 1 (a) rule 111]
TO ENFORCE CIVIL LIABLITY arising from
the offense.
When should reservation to file a separate civil action
be made?
EFFECTS OF ACQUITTAL OF ACCUSED:
1) Before the prosecutions starts to present
The extinction of the penal action does not carry
evidence;
with it the extinction of the civil action.
2) Under circumstances affording the offended
EXCEPTION:
party a reasonable opportunity to make such
- Civil action based on delict shall be deemed
reservations.
extinguished if there is a finding in a final
judgment in the criminal action that the act or
WHAT ARE THE INSTANCES WHEREIN NO
omission from which the civil liability may arise
RESERVATION TO FILE CIVIL ACTION SEPARATELY
did not exist.
SHALL BE ALLOWED?
1. Criminal action for VIOLATION OF B.P. 22:
IS THE CONSOLIDATION OF CIVIL AND CRIMINAL
unless a separate action has been filed before
ACTIONS ARISING FROM SAME OFFENSE
the institution of the criminal action, which has to
ALLOWED?
be transferred to the subsequently filed criminal
Yes. Before judgment on the merit is rendered in
action for joint hearing.
the civil action, the same may, upon motion of
2. A claim arising from an offense cognizable by
the offended party, be consolidated with the
the Sandiganbayan.
criminal action. The consolidation must be
3. Tax cases.
effected in the criminal court, irrespective of the
nature of the offense, the amount of the civil
RULES REGARDING FILING FEES OF CIVIL ACTION
claim or the rank of the court trying the civil case.
DEEMED INSTITUTED:
The consolidated criminal and civil case shall be
No filing fees are required for amounts of
tried and decided jointly.
actual damages. However, with respect to
criminal action for violation of B.P. 22, the
WHAT ARE THE INSTANCES WHEREIN THE
offended party shall pay in full the filing fee
ACQUITTAL IN A CRIMINAL OFFENSE DOES NOT
based on the face value of the check as the
BAR THE FILING OF THE CIVIL CASE?
actual damages.
1. When the acquittal is BASED ON
Other than actual the corresponding filing REASONABLE DOUBT;
fees should be paid, otherwise, the trial court 2. The decision contains declaration that the
will not acquire jurisdiction; liability of the accused is not criminal but only
Moral, exemplary and other damages not civil in nature; and
specified the amount thereof are left to the 3. The civil liability is not derived from or based on
the criminal act of which the accused is
sound discretion of the court, the corresponding
acquitted.
filing fees need not be paid and shall simply
constitute a first lien on the judgment.
Section 3. When Civil Action May Proceed
Independently
CAN THERE BE COUNTERCLAIMS, CROSS-CLAIMS
NOTES:
OR THIRD PARTY COMPLAINTS IN A CRIMINAL
The institution of an independent civil action
PROCEEDINGS?
(Articles 32, 33, 34 and 2176 of the civil code)
No counterclaim, cross-claim or third party
against the offender may proceed independently of
complaint may be filed by the accused in the
the criminal case at the same time without the
criminal case, but any cause of action which
suspension of either proceedings.
could have been the subject thereof may be
It requires only a preponderance of evidence and
litigated in a separate civil action.
the offended party is may not recover damages
twice for the same act or omission charged in the
Section 2. When Separate Civil Action is Suspended
criminal action.
WHAT IS THE RULE ON THE PRIMACY OF CRIMINAL
ACTION OVER CIVIL ACTION?
Section 4. Effect of Death in Civil Actions
AFTER THE FILING OF CRIMINAL ACTION, the CIVIL
ACTION which has been reserved cannot be instituted
 HOW DOES THE DEATH OF THE ACCUSED AFFECT
THE CIVIL ASPECT OF THE CASE? Section 5. Judgment in Civil Action Not A Bar
Notes:
1) If the accused died AFTER ARRAIGNMENT and
during the PENDENCY OF THE CRIMINAL ACTION, The judgment in civil actions based on Articles.
the civil liability arising from the delict is extinguished. 32, 33, 34 and 2176 absolving the defendant
EXCEPTIONS: from civil liability does not bar the criminal action.
i. CIVIL LIABILITY PREDICATED ON Where the criminal case was dismissed before
OTHER SOURCES OF OBLIGATIONS trial because the offended party executed an
(law, contract, quasi-contract and quasi affidavit of desistance, the civil action thereof is
delict). If such civil action which survives similarly dismissed.
is impliedly instituted in the criminal
action, the legal representative or heir of Section 6. Suspension by Reason of Prejudicial
the deceased shall be SUBSTITUTED for Question
the deceased. The criminal case is
reduced to a civil action. What is a PREJUDICIAL QUESTION?
ii. If the civil action has been reserved and A prejudicial question is one which arises in a case, the
subsequently filed or such civil action has resolution of which is a logical antecedent of the issue
been instituted, when the accused died, involved therein and cognizance of which pertains to
then such civil action will proceed and another tribunal. Based on the facts distinct and separate
substitution of the parties shall be ordered from the crime but so intimately connected with it that it
by the court. determines the guilt or innocence of the accused
2) If the accused died BEFORE ARRAIGNMENT,
the case shall be DISMISSED, WITHOUT The criminal action is suspended because the issue in a
PREJUDICE TO ANY CIVIL ACTION that the civil action is intimately connected to the issue in the
offended party may file AGAINST THE ESTATE criminal action and thus needs to be determined first
of the deceased. before the criminal action may proceed.
3) If the accused died pending appeal of his
conviction, the criminal liability and civil liability WHEN IS THE PROPER TIME TO PLEAD THE
based solely thereon shall be extinguished. PREJUDICIAL QUESTION?
4. If the accused died prior to final judgment, When a criminal action has been filed in court for trial, the
terminates his criminal liability and only the civil petition to suspend shall be filed in the same criminal
liability directly arising from and based solely on action at any time before the prosecution rests.
the offense committed.
WHEN SHOULD THE PETITION FOR SUSPENSION BY
ILLUSTRATION OF THE EFFECT OF DEATH OF THE REASON OF PREJUDICIAL QUESTION BE FILED?
ACCUSED IN THE CIVIL ASPECT OF THE CASE:
1. Office of the Prosecutor; or
AFTER BEFORE PENDING 2. Court where the criminal action has been filed
ARRAIGNMENT ARRAIGNMENT: APPEAL for trial or any time before the prosecution rests.
(DURING
PENDENCY): Section 7. Elements of a Prejudicial Question
The civil action is
extinguished. WHAT ARE THE ELEMENTS OF A PREJUDICIAL
CRIMINAL AND QUESTION?
EXCEPTIONS: CASE SHALL BE CIVIL LIABILITY Civil action is instituted PRIOR to the criminal
Civil liability DISMISSED, BASED SOLELY action;
predicated on without prejudice THEREON, Civil action involves an issue SIMILAR or
other sources of to any civil action SHALL BE INTIMATELY RELATED to the issue raised in
liability; (legal that the offended EXTINGUISHED. the subsequent criminal action;
representatives party may file Resolution of such issue determines WHETHER
shall be against the OR NOT THE CRIMINAL ACTION MAY
substituted for estate of the PROCEED.
the deceased.) deceased.
The test in determining the existence of a prejudicial
If civil action is question: it must appear not only that the civil case
reserved and involves the same facts upon which the criminal
subsequently prosecution is based, but also that the resolution of the
filed when the issues in said civil action would be necessarily
accused died, determinative of the guilt or innocence of the accused.
such will proceed
and substitution A prejudicial question does not conclusively resolve the
shall be ordered guilt or innocence of the accused but simply tests the
by the court. sufficiency of the allegations in the information in order to
sustain the further prosecution of the criminal case. A
party who raises a prejudicial question is deemed to have
hypothetically admitted that all the elements of a crime
have been adequately alleged in the information,
considering that the prosecution has not yet presented a
single evidence on the indictment or may not yet have
rested its case. A challenge of the allegations is in effect a
question on the merits of the criminal charge through a
non-criminal suit