Criminal Procedure
CODAL Mem Aid
110-113
PROSECUTION OF OFFENSES
Rule 110
Institution of criminal actions (sec.1)
If P.I. file with proper officer mentioned in
112
o (4-2-1)
If NO P.I. file with MTC/McTC/Office of
Prosecutor
If Chartered City/Manila, Complaint to
Office of Prosecutor even if less than 4-2-1
Institution of Criminal action =
Interruption of Prescription, unless
provided otherwise by SPL
The Complaint or information (sec.2)
1. In Writing
2. In the name of People of the PH
3. Against all persons responsible for offense
Complaint Definition (sec.3)
Sworn written statement
Charging accused
Subsribed by
o Offended; or
o Peace officer; or
o Public officer charged with
enforcement of law violated
Information Defined(sec. 4)
Accusation in writing
Charging accused
Subscribed by: prosecutor
WHO must Prosecute Criminal Action (sec.5)
General: Public Prosecutor
Exception: Lack of Public Prosecutor
o Private may prosecute
o Written authority by Chief
Prosecutor or Regional State
Prosecutor
o Until end of trial unless authority
revoked
Adultery/Concubinage
Complainant: only by offended spouse against all
guilty parties(if both are alive)
IF: with consent or pardoned, no case can be
filed
Seduction, Abduction, Acts of Lasciviousness
Complainant: (successive application VPGG)
Victim
Parents
Grandparents
Guardian
Except: If pardoned by any of them
IF: Victim dies/incapacitated and no PGG,
State may initiate criminal action
Minor: can initiate independently even if not
PGG
Defamation
Complainant: Victim only
SPL: governed by its own provisions
Sufficiency of Complaint/Information
Name [offender(s)] (sec. 7)
Name
Surname
Nickname
If unknown, john doe to be edited
when known
Name [offended](sec. 12)
Name
Surname
Nickname
Designation of offense/section/subsection (sec.
8)
Qualifying aggravating circumstances in
ordinary in ordinary and concise language
(sec. 9)
Acts/omissions showing elements(sec. 8)
Date (sec. 11)
Approximation unless essential element
Place (sec. 10)
Duplicity of the offense (sec. 13)
General: 1 complaint/information = 1 offense
Exception: complex crimes; 1 charge many
offenses
Amendment or Substitution (sec. 14)
Without Leave of Court = before enters plea
Exception: Downgrades nature of offense
Motion of prosecutor
Leave of court
Notice to victim
Mistake in charging proper offense
Dismiss original
complaint/information
File new (follow 119)
No Double Jeopardy on accused
Where action to be instituted Territoriality
General: Where committed/element occurred
Moving TRAIN, AIRCRAFT, VEHICLE:
anywhere it passed, departure and arrival.
(Start~~anywhere~~End)
VESSEL: First Port of Entry or anywhere it
passed; follow generally accepted principles of
International law
RPC Article 2: Court where action first filed
1. PH ship/airship
2. Counterfeit coin/currency/security
3. Acts connected to #2
4. Public officers/employees commits
crime in exercise of office abroad
5. National security
Intervention of offended party in criminal action
Civil action instituted in crim action
(111)
Offended party may intervene by
counsel in the prosecution
PROSECUTION OF CIVIL ACTION
RULE 111
Institution of criminal and civil ations
General: Criminal and civil action (civ. Liability
arising from crime): PARTNERS
Exception:
Waives civil action, reserves right before
presentation of evidence w/ reasonable
opportunity to make reservation
Institute PRIOR to criminal action, may be
consolidated with crim action if trial not
commenced upon application in court; if
approved sec. 2
o Evidence in civil action reproduced
automatically in crim action subject to
cross-examination of witnesses.
When criminal action commenced, wait for
final judgement before separate civil action
Civil action suspended upon filing of
criminal action (sec. 2)
Tolled prescription for civil action (sec. 2)
Extinction of Criminal Extinction of Civil
o Except: based on delict (torts)
Judgement on civil action not bar to criminal
action (sec. 5)
Filing Fees
Damages (moral, nominal, temperate,
exemplary)
Amount specified paid by offended party
Not specified Losing party; first lien on
judgement
Actual Damages no filing fee
No Counter Claim, Cross-Claim, Third Party
Complaint in criminal case.
BUT may be litigated in civil action
BP 22
o no reservation of civil action
o filing fees: offended party based on
amount of check actual damages
Independent Civil Action (sec. 3)
NCC art. 32, 33, 34 and 2176
32 Defamation, Fraud and Physical Injuries
33 Public officer/employee obstructs defeat,
violate, impair Rights and Liberties (bill of
rights)
34 City/Municipal police refuses/fails to
render aid/protection; city/municipality
subsidiarily liable
2176 Quasi-Delict
Effect of DEATH on civil actions
Before arraignment: dismissed w/o prejudice to
possible civil action vs estate
After arraignment: Civil liability extinguished
arising from delict
Exception: NCC art. 32, 33, 34 and 2176
HEIRS of the accused
 May be substituted w/o appointing
admin/executor
Minors: guardian ad litem (by court)
Within 30 days from notice: appear and
substitute
Final judgement: follow rules for
prosecuting claims vs estate
Supspension by reason of PREJUDICIAL
QUESTION (sec. 6)
ELEMENTS
1. Previously instituted civil action with issue
similar or intimately related to issue raised in
criminal action
2. Issue determines W/N crim action may
proceed
Petition for Suspension
Where: office of prosecutor or Court
conducting P.I.
IF: Criminal action already filed, file in same
criminal action before prosecution rests
PRELIMINARY INVESTIGATION
Rule 112
P.I. preliminary investigation
I.O. investigation officer
Definition (sec. 1)
Inquiry or proceeding
W/N there is sufficient ground
To engender a well-founded belief
o Crime was committed
o Accused probably guilty and
should be held for trial
General Rule: 4-2-1 (think 420)
Exception: Lawful Warrantless Arrests (sec.7)
Officers authorized to conduct P.I. (sec. 2)
1. Prosecutors and assistants city/provincial
2. Judges MTC or McTC
3. State Prosecutors National or Regional
4. Other officers authorized by law
Preliminary Investigation Procedure
I. COMPLAINT
II. Within 10 DAYS after filing complaint I.O.
shall decide
III. Within 10 DAYS after receiving subpoena
IV. IF within 10 DAYS cannot be reached or no
reply
V. HEARING set by I.O. (optional) Within 10
DAYS form Counter-affidavit submission or
expiration of period
VI. Within 10 DAYS decide w/n TRIAL
COMPLAINT shall state:
1. Address of respondent
2. Affidavits (to establish probable cause)
subscribed and sworn to before any
a. Prosecutor; or (under exceptional
circumstances like walang prosecutor)
b. Government official authorized to
administer oath; or
c. Notary Public
Note: P/G.O/N.P. must certify that he personally
examined affiants and satisfied on voluntariness
3. # of COMPLAINT = # of respondent + 2
copies for filing
Within 10 DAYS after filing complaint I.O. shall
DECIDE
1. DISMISS no ground
2. Issue SUBPOENA
- To respondent with copy of complaint
and supporting documents
EVIDENCE
- Right to examine
- If voluminous, complainant may be
required to specify which he intends to
present and made available for
examination
- COPY expense: requesting party
Within 10 DAYS after receiving subpoena
COUNTER-AFFIDAVIT subscribed and sworn
to and certified accordingly (defense)
a. Respondent
b. Witness he may provide
c. Supporting Document
Note: NO motion to dismiss in lieu of counter-
affidavit
IF within 10 DAYS cannot be reached or no reply
 - I.O. resolves complain based on evidence by
complainant
HEARING set by I.O. (optional) Within 10 DAYS
form Counter-affidavit submission or expiration
of period (to be finished within 5 days)
1. Clarify facts and issues from witness/ party
2. Parties may be present but no right to
examine or cross examine
3. May submit questions to I.O. to be asked
Note: finished hearing within 5 days
Within 10 DAYS decide w/n TRIAL
RESOLUTION by Investigating Prosecutor and its Review
(sec.4)
1. If TRIAL, then resolution and information
a. Certify under oath in info that there was:
i. Probable cause
ii. Opportunity to reply
2. DISMISS complaint
Note: according to prosec George copies sent to parties
Within 5 DAYS from resolution
I. FORWARD record case for approval
(P./C./CS/O./D)
Provincial
Prosecutor
City
Chief State
Ombudsman or
Deputy (SC juris)
II. Within 10 DAYS P./C./CS/O./D should
ACT on resolution and Inform Parties
NOTE: No fIling or dismissal without prior
written authority or approval of P./C./CS/O./D
III.If recommendation DISAPPROVED
Then P./C./CS/O./D may
1. File by himself; or
2. Direct any other state/assistant
prosecutor
IV. DEPARTMENT OF JUSTICE - Secretary
of Justice
a. Upon petition for review may reverse
or modify resolution and direct
prosecution to file w/o conducting
another P.I. or dismiss. Same with
ombudsman
RESOLUTION by investigating Judge and review (sec.45)
Within 10 DAYS after P.I.
I. TRANSMIT RESOLUTION of case to
P/C/CP/O/D
Stating findings of fact and law supporting
action.
RECORD including:
o Warrant, if applicable
o Affidavits, counter-affidavits,
supporting evidence
o Undertaking/bail with order for
release
o Transcripts of P.I. proceedings
o IF DISMISSAL, order of cancellation
of bail bond
II. P./C./CS/O./D Within 30 DAYS from
receipt, review resolution on existence of
Probable Cause
CLEAR and EXPRESS ruling stating facts
and law supporting action
o Furnish parties
o If no probable cause, then order
release
When Warrant of Arrest may Issue (sec. 6)
RTC (sec. 6a) Formatted: Font: Italic
Within 10 DAYS from filing of
complaint/information Personally EVALUATE Formatted: All caps
PROBABLE CAUSE Formatted: All caps
1. Dismiss; or Formatted: List Paragraph, Indent: Left: 0.14",
2. Warrant of Arrest/ Commitment order if Bulleted + Level: 2 + Aligned at: 0.75" + Indent at: 1"
already arrested via WoA by P.I. Judge on sec. 7 Formatted: Not All caps
3. If DOUBT, Additional Evidence within 5
DAYS from prosecutor;
Note: should be resolved within 30 DAYS from Formatted: Indent: Left: 0.14"
filing of complaint
MTC
Cases more than 4-2-1 but less than 6 years (RTC
jurisd)
Cases requiring P.I. falling under jurisdiction
of MTC, MeTC, McTC, MTCC - P.I. may be
conducted either by judge or prosecutor.
 Formatted ...
Formatted ...
If prosecutor conducts Judge follows sec. 6(a) Case not requiring a preliminary investigation nor covered by Formatted ...
If Judge conducts follow sec. 3 (P.I. the Rule on Summary procedure.
Formatted ...
Procedure); If affirmed, then issue warrant
Formatted ...
o Exception: necessity of immediate Charges less than 4-2-1
custody, then issue warrant w/o approval Filed with prosecutor Formatted ...
1. After examination in writing and under o Act within ten (10) days from notice, Formatted ...
oath of complainant and witness to determine further the existence of Formatted ...
2. Form: searching questions and answer probable cause. Formatted ...
3. Probable Cause Filed with MTC
Formatted ...
o IF theres probable cause, then
Warrant of Arrest not necessary warrant of arrest or summons. Formatted ...
1. Already under detention MTC issued (P.I.) Note: summons when Judge thinksno necessity to Formatted ...
2. LAWFUL WARRANTLESS Arrest (sec.7) place on custody Formatted ...
o IF no probable cause, DISMISS. Formatted ...
Lawful Warrantless Arrest
Formatted ...
No more Preliminary Investigation ARREST
Rule 113 Formatted ...
INQUEST Proceeding instead
IF Inquest Judge or Prosecutor absent, Formatted ...
offended party or peace officer should file Arrest taking of a person into custory in order that Formatted ...
complaint with the proper court he may be bound to answer for the commission of an Formatted ...
o BASIS: affidavit of offended party offense. (sec.1)
Formatted ...
Two options:
Formatted ...
BEFORE filing of complaint or information HOW(sec.2)
may be filed, respondent may ask for P.I. Actual restraint of a person; or Formatted ...
o Waive 125 with counsel (delay in delivery) His submission to custody of person making Formatted ...
Apply for bail. the arrest Formatted ...
Note: investigation should be terminated within 15 NO unnecessary force/violence/greater Formatted ...
days from its inception restraint
Formatted ...
AFTER filing complaint or information
Duty of Arresting Officer (sec.3) Formatted ...
without P.I.
o May ask for P.I. within 5 days from Deliver accused to w/o unnecessary delay. Formatted ...
knowledge of filing. o Nearest Police Station or JAIL Formatted ...
o With same right to adduce evidence. Formatted ...
Execution of Warrant (sec.4)
Formatted ...
Records Head of the office receiving should execute
Formatted ...
Supporting information or complaint within ten (10) DAYS from receipt.
a) Supporting the information or complaint If unable, then within TEN (10) days from Formatted ...
- Affidavit expiration, report to judge reasons. Formatted ...
- Counter affidavit Formatted ...
- Evidence LAWFUL WARRANTLESS ARREST (sec.5) Formatted ...
- Resolution a) In Flagrante Delicto
Formatted ...
b) Record of Preliminary Investigation b) Offense Has Just Been Committed w/
- Not part of the record of the case probable cause based on personal Formatted ...
whether conducted by a judge or knowledge Formatted ...
fiscal. c) Prisoner who has escaped from prison/penal Formatted ...
- But may be requested by the court establishment, while being transferred from Formatted ...
when to be introduced as evidence. one confinement to another.
Formatted ...
Note: a and b, bring to nearest police station or jail. Inquest.
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Formatted ...
Arrest can be made 24/7(sec.6)
Any day, any time of day or night
Method of arrest by officer by virtue of
warrant(sec.7)
General: Inform cause and fact that warrant has been
issued for his arrest
Exception:
- Flees
- Forcibly resist
- Giving information wil imperil arrest
Method w/o warrant(sec.8)
- Inform person of his authority and cause of
his arrest
- Unless
o Engaged in the commission of an
offense (In flagrante delicto)
o Pursued immediately after its
commission (hot pursuit)
o Escaped, flees or forcible resist,
imperil arrest
Method by Private Person
- Inform intention to arrest and cause
- Unless
o Engaged in the commission of an
offense (In flagrante delicto)
o Pursued immediately after its
commission (hot pursuit)
o Escaped, flees or forcible resist,
imperil arrest
Officer may summon assistance
- Orally, as he deems necessary, no matter how
many.
- To effect arrest
- Every person summoned shall assist in
effecting arrest when he can render assistance
without detriment to himself.
Right to Break into Building/Enclosure (sec.11)
- With or without warrant (sec.5)
- Person reasonable believed to in building
- IF officer is refused admittance after
announcing his authority and purpose
Right to Break Out From Building or
Enclosure(sec.12)
Whenever he entered in accordance with sec.11 to
liberate himself
Arrest after Escape or Rescue
Any person lawfully arrested escapes or is rescued
Any person may arrest him
o Anywhere (w/in PH)
o Anytime
Right of attorney or relative to visit person
arrested.
- Any attorney at request of accused
detainee/arrestee or representative
o Privately
o Jail/ any place of custody/anytime
- Relative, regulated
Formatted: Font: Italic
Formatted: Font: Not Bold, Italic
Formatted: Underline
Formatted: Font: Bold
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: List Paragraph, Bulleted + Level: 2 +
Aligned at: 0.75" + Indent at: 1"
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold, Italic
Formatted: Font: Bold
Formatted: List Paragraph, Bulleted + Level: 2 +
Aligned at: 0.75" + Indent at: 1"
Formatted: Font: Italic
Formatted: Font: Bold
Formatted: List Paragraph, Bulleted + Level: 2 +
Aligned at: 0.75" + Indent at: 1"
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: Italic
Formatted: Font: Bold, Italic
Formatted: Font: Italic
Formatted: Font: Bold, Italic
Formatted: Font: Bold, Italic
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Underline
Formatted: Underline
Formatted: No underline
Formatted: Font: Not Bold, Italic
Formatted: List Paragraph, Bulleted + Level: 1 +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold