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RULE 110: PROSECUTION OF File directly with

OFFENSES MTC for trial,


except in chartered
cities where it
should be filed with
SECTION 1. INSTITUTION OF
the prosecutors
CRIMINAL ACTIONS office unless
otherwise provided
Criminal Actionone by which the State in the citys charter.
prosecutes a person for an act or omission
punishable by law.
1. For offenses where a preliminary SECTION 2. THE COMPLAINT OR
investigation is required pursuant to INFORMATION
Rule 112, Section 1.
2. For all other offenses: Common requisites as to the form of
By filing the Complaint or Complaint and of Information:
Information directly with the 1. In writing;
MTC or Complaint with the 2. In the name of the People of
Office of the Prosecutor. Philippines;
In Manila and other chartered 3. Against all persons who appear to be
cities, the Complaint shall be responsible for the offense involved.
filed with the Office of the
Prosecutor unless otherwise
provided in their charters. SECTION 3. COMPLAINT DEFINED
3. Effect of Institution of the Criminal
Action: it interrupts the running of the o Sworn written statement
period of prescription of the offense o Charging a person with an offense,
charged unless otherwise provided by o Subscribed by the offended party,
special laws. any peace officer, or other public
officer
GENERAL RULE: o Charged with the enforcement of the
PENALTY law violated.
Preliminary
Investigation is REQUISITES of a Complaint:
required 1. Must be Subscribed by the
OVER 4yrs.
& 2mos. File with the offended party, any peace officer,
Prosecutors Office
or other public officer
for Preliminary
Investigation 2. Must Charge a person with an
NO Preliminary offense
4yrs. & 2mos. 3. Must be made under Oath and in
Investigation is
or BELOW
required Writing
4. Must be in the name of the
People of the Philippines.
COMPLAINT vs. INFORMATION SECTION 4. INFORMATION DEFINED
COMPLAINT INFORMATION
SUBSCRIBED BY An Information is an accusation in writing
1. Offended charging a person with an offense, subscribed
party by the prosecutor and filed with the court.
2. Any peace
officer
(e.g. police PERSONS AUTHORIZED TO SIGN
officers, AND FILE INFORMATION
agents of City or Provincial Prosecutors and
NBI) their assistants
3. Public Duly appointed Special Prosecutor
officer A lawyer appointed by the Secretary
charged with
of Justice, to assist and even in the
the
Prosecutor absence of the city fiscal, pursuant to
enforcement
of the law Section 1696 of the Revised
violated Administrative Code
(e.g Internal
Revenue PROSECUTION OF GOVERNMENT
Officer
SERVICE RELATED CASES
NIRC
Custom Cases cognizable by the
Agents Sandiganbayan
Tariff and shall be under the exclusive
Customs control and supervision of the
Code) ombudsman
WHERE FILED Cognizable by the regular courts
May be filed either
Filed with the The law recognizes a
in court or in the
court concurrence of jurisdiction
Prosecutors Office
NECESSITY OF OATH between the office of the
Need not be under ombudsman and other
oath. (Prosecutor investigative agencies of the
Must be made under who files it is government.
oath. already acting
under his oath of
office)
SCOPE SECTION 5. WHO MUST PROSECUTE
Usually refers to CRIMINAL ACTIONS
felonies which
Usually refers to
cannot be All criminal Actions either commenced by
public crimes.
prosecuted de the complaint or by the information shall be
officio.
prosecuted under the direction and control of grandparents, or guardian, unless she is
a PUBLIC PROSECUTOR. In case of heavy incompetent or incapable of doing so. Where
work schedule of the public prosecutor or in the offended party, who is a minor, fails to
the event of lack of public prosecutors, the file the complaint her parents, grandparents
PRIVATE PROSECUTOR may be authorized or guardian, may file the same. The right to
in writing by the chief of the Prosecutor file the action granted to parents,
Office or the Regional State Prosecutor to grandparents, or guardian shall be exclusive
prosecute the case subject to the approval the of all other persons and shall be exercised
court. Once so authorized to prosecute the successively in the order herein provided,
criminal action, the private prosecutor shall except as stated in the preceding paragraph.
continue to prosecute the case up to the end
of the trial even in the absence of a public No criminal action for defamation which
prosecutor, unless the authority is revoked or consists in the imputation of any of the
otherwise withdrawn. offense mentioned above shall be brought
except at the instance of and upon complaint
The crimes of adultery and concubinage shall filed by the offended party.
not be prosecuted except upon a complaint
filed by the offended spouse. The offended The prosecution for violation of special laws
party cannot institute criminal prosecution shall be governed by the provisions thereof.
without including the guilty parties, if both (n)
are alive, nor, in any case, if the offended
party has consented to the offense or PROSECUTION OF CRIMINAL
pardoned the offenders. CASES, DIRECTION AND CONTROL

The offenses of seduction, abduction and acts General rule: All criminal actions either
of lasciviousness shall not be prosecuted commenced by the complaint or by the
except upon a complaint filed by the information shall be prosecuted under the
offended party or her parents, grandparents or direction and control of the public
guardian, nor, in any case, if the offender has prosecutor
been expressly pardoned by any of them. If
the offended party dies or becomes Rationale: Since a criminal offense is an
incapacitated before she can file the outrage of the sovereignty of the state, it is
complaint, and she has no known parent, but natural that the representatives of the state
grandparents, or guardian, the state shall should direct and control the prosecution.
initiate the criminal action on her behalf.
Concomitantly, it has been recognized that
The offended party, even if a minor, has the the prosecuting officer is the representative
right to initiate the prosecution of the not of an ordinary party to a controversy but
offenses of seduction, abduction and acts of of a sovereignty whose obligation to govern
lasciviousness independently of her parents, impartially is as compelling as its obligation
to govern at all and whose interests therefore control of the case until the same is
in a criminal prosecution is not that he will finally disposed of so that the fiscal
win the case but that justice shall be done. has no more control over it.

Exception to the Rule RULE REGARDING MOTION FOR


Private Prosecutor, authorized in writing REINVESTIGATION
by the Chief of the Prosecution Office or Preliminary investigation conducted
the Regional State Prosecutor subject to by the fiscal for the purpose of
the approval of the court. determining a prima facie case exists
In case of heavy work schedule of warranting the prosecution of the
the public prosecutor accused id terminated upon the filing
In the event of lack of public of the information in the court.
prosecutors Should the fiscal find it proper to
Once so authorized he shall continue to conduct reinvestigation, at such stage,
prosecute the case up to the end of the the permission of the court must be
trial even in the absence of the public secured.
prosecutor , unless the authority is After such, the findings and
revoked or otherwise withdrawn. recommendations of the fiscal should
be submitted to the court for
DUTY OF THE PUBLIC PROSECUTOR appropriate action.
To take an active and direct part in the
trial of the case. SOLICITOR GENERAL
To determine whether a prima facie Authorized to bring and defend
case exist or not, as quasi-judicial actions in behalf of the people or
officer. Republic of the Philippines once the
Charged with the defense of the case is brought before the Supreme
community of aggrieved by the Court or Court of Appeals.
commission of a crime and with the
prosecution of the public action as if OFFICE OF THE OMBUDSMAN
he himself were the aggrieved party. THROUGH ITS SPECIAL
To refrain from improper methods PROSECUTOR
calculated to produce a wrongful Shall represent the People or the
conviction as it is to use every Republic of the Philippines in all
legitimate means to bring about a just cases elevated to the Supreme Court
one. by way of petition for review against
decisions or final orders of the
MOTION TO DISMISS CASE IN Sandganbayan.
COURT
Where the information is already filed RIGHTS OF THE OFFENDED PARTY
in court, the court steps in and takes
A. Right to intervene in the criminal Prosecution of a private crime
proceeding personally or by complexed with a public offense
counsel Fiscal may initiate the
proceedings de officio
Rationale:
1. In principle, the declaration of criminal Rationale: Since once of the component
liability carries with it the declaration of offenses is a public crime, the latter should
the resulting civil obligation prevail, public interest being paramount to
2. There are crimes which cannot be private interest
prosecuted other than at the formal
instance of the person injured Prosecution of adultery and Concubinage
Shall not be prosecuted except upon a
Exceptions: complaint filed by the offended party.
1. when the accused enters a plea of guilty Complaint must be presented in a
before the commencement of the trial, criminal action for adultery:
2. where the offended party waives his right a. By the offended spouse
to the civil action b. Against both of the alleged
3. Expressly reserves his right to institute it culprits
after the termination of the criminal
action Separate Trials for Prosecution of
adultery and Concubinage
(In which cases he loses his right to intervene a. When either of the parties request for
upon the theory that he is deemed to have lost it
his interest in its prosecution) b. When the government is satisfied that
the woman did not know the woman
B. Right to file special civil action was married
independently of the state. c. When one of the parties had died
before the trial
PROSECUTION OF PRIVATE CRIMES d. When, for example, one of the parties
Adultery, Concubinage, Seduction, has escaped the jurisdiction of the
Abduction, or Acts of court and has not been arrested
Lasciviousness
Crimes which cannot be Prosecution of seduction, abduction and
prosecuted de officio and acts of lasciviousness
requires that the criminal The offenses of seduction, abduction and
action be brought at the acts of lasciviousness shall not be
instance of and upon prosecuted except upon a complaint filed
complaint expressly filed by by the offended party or her parents,
the offended party. grandparents or guardian, nor, in any
case, if the offender has been expressly
pardoned by any of them. If the offended
party dies or becomes incapacitated PURPOSE OF THE RULE
before she can file the complaint, and she To inform the accused of the nature
has no known parent, grandparents, or and cause of the accusation against
guardian, the state shall initiate the him so that he can duly prepare his
criminal action on her behalf. defense
Requirement is mandatory;
noncompliance therewith precludes the TEST FOR SUFFICIENCY OF THE
court from acquiring jurisdiction over the COMPLAINT OR INFORMATION
case and a judgment rendered in a Whether the crime is described in
proceeding held in violation of this intelligible terms with such
requirement is void ab initio. particularity as to apprise the accused,
The right to institute criminal with reasonable certainty, of the
proceedings in this case is exclusively offense charged to enable the accused
and successively reposed in these persons to suitably prepare for his defense;
in order in which they are named. Whether the information validly
Prosecution of Defamation Cases charges an offense depends on
whether the material facts alleged in
No criminal action for defamation which the complaint and information
consists in the imputation of any of the establish the essential elements of the
offense mentioned above shall be brought offense charged.
except at the instance of and upon complaint
file by the offended party. DEFECTS ON THE COMPLAINT OR
INFORMATION

SECTION 6. SUFFICIENCY OF THE OLD RULE: any defect in the


COMPLAINT OR INFORMATION accusation other than that of lack of
jurisdiction over the subject matter
A Complaint or Information must contain the may be cured by good and sufficient
following: evidenced introduced by the
a. Name of the accused; prosecution and admitted by the trial
b. Designation of the offense given by court without objection on the part of
statute; the defense, and the accused may be
c. Acts or omissions complained of as legally convicted of the crime or
constituting the offense; offense intended to be charged and so
d. Name of the offended party; established by evidence.
e. Approximate date of the commission
of the offense; and PRESENT RULE: substantial defect
f. Place where the offense was in the information cannot be cured by
committed. evidence for that would jeopardize
the accuseds right to be informed of To make specific identification of the
the true nature of the offense he is person to whom the commission of an
being charged with. offense is being imputed;
To avoid having a wrong person
Objections relating to the form of the apprehend and brought to trial.
complaint or information cannot be made
for the first time on appeal. The accused TWO TYPES OF POSITIVE
should move before arraignment either IDENTIFICATION
for a bill of particular or quashal of the The first duty of the prosecution is not to
information. If he fails to do any of the prove the crime but to prove the identity of
remedy, he is deemed to have waived his the criminal because there can be no
objections to any formal defect in the conviction without proof of identity of the
information or complaint. And accused is criminal beyond reasonable doubt.
deemed to have waived his right to assail As an eyewitness to the very act of the
the sufficiency of the information when commission of the crime;
he voluntarily entered a plea when As a witness who may not actually see the
arraigned and participated in the trial. very commission of the crime but
AMBIGUITY OF ACCUSATION positively identifying the person as the
When there is ambiguity on the complaint or perpetrator. (example: when the accused
information, such ambiguity must be is one of the person last seen with the
resolved in the favor of the accused. victim immediately before and right after
the commission of the crime.

SECTION 7 NAME OF THE ACCUSED AN ERROR IN NAME IS NOT


REVERSIBLE
RULES IN DESIGNATION THE NAME Error in the name of the accused is not
OF THE ACCUSED reversible as long as his identity is
1. Must state the name and surname of sufficiently established. It is curable at any
the accused or any appellation or stage of the proceedings as insertion of the
nickname by which he has been or is real name of the accused.
known;
2. If name cannot be ascertained, he COMPLAINT OR INFORMATION
must be described under a fictitious AGAINST MINOR
name; They shall not be referred as respondent,
3. If true name is disclosed, his true accused or any other designation but Child in
name shall be entered in the Conflict with the Law.
complaint or information and in the
records of the case.
SECTION 8. DESIGNATION OF THE
REASONS FOR THE RULE OFFENSE
Reason for the rule. - The seriousness of a
criminal prosecution requires a clear SECTION 9. CAUSE OF THE
specification of the offense charged, ACCUSATION
consistently with the right of the accused to
be informed of the nature and cause of Rationale: The Constitution guarantees that
accusation against him. in all criminal prosecutions, the accused shall
be informed of the nature and cause of the
It is always wise and proper that the accusation against him.
accused should be fully apprised of the
true charges against him and thus avoid The rules require that the acts or omissions
all and any possible surprise which might complained of as constituting an offense must
be detrimental to his rights and interests. be stated in ordinary and concise language
Ambiguous phrases should not be so as to enable a person of common
permitted in criminal complaints or understanding to know what offense is
information. intended to be charged.
The accused should be given the
The accusation is good as long as the facts are necessary data as to why he is being
alleged and set out in such a manner as to proceeded against. He should not be
enable a person of common understanding to left in the unenviable state of
know what is intended. speculating why he is made the object
of prosecution.
A complaint is sufficient if it describes the
offense in the language of the statute, if the The main purpose of the requirement is to
statute contains all of essential elements enable the accused to suitably prepare his
constituting the particular offense. The defense. He is presumed to be innocent and
complaint will be sufficient if it describes the has, therefore, no knowledge of the facts that
crime defined by law. constitute the offense with which he is
charged.
A mistake in the caption of an indictment in
designating the correct name of the offense is The complaint or information is required to
not a fatal defect for it is the sufficiency of the be in ordinary and concise language without
averments of the charging part that is the gist repetition sufficient (1) to enable a person of
of the accusation. common understanding to know what offense
is intended to be charged and (2) to enable the
It is not the designation of the offense in the court to pronounce proper judgement, as
complaint or information that is earlier stated.
controlling; the facts alleged therein and
not its title determine the nature of the It is fundamental that every element of which
crime. the offense is composed must be alleged in
the complaint or information, for if the facts These provisions were given
alleged do not constitute an offense within retroactive effect as they favor the
the terms and meaning of the law upon which accused. Under the old doctrine, a
the accusation is based, or if the fact alleged qualifying circumstance if not alleged
may all be true and yet constitute no offense, may be considered as an aggravating
the indictment is insufficient. circumstance if proved.
In case of allegation of aggravating
Allegations in complex crimes- it is circumstance of habitual
sufficient that the information contains delinquency, it should not be
allegations which state that the offense was a generally averred. The information
necessary means to commit the other. should specify the requisite data
We should take into consideration the regarding:
facts alleged in a complaint or 1. The commission of the
information and determine whether crimes;
one of the two separate and different 2. The last conviction or release;
offenses charged therein was 3. The other previous conviction
committed as a necessary means to or release of the accused
commit the other offense. The requirement in the rule that the
aggravating circumstance be alleged
Defect in complaint information- an in the information will enable the trial
accused person cannot be convicted of any prosecutor to know at once the
offense, unless it is charged in the in the aggravating and be prepared to prove
complaint or information on which he is tried, it.
or necessarily included therein.

Defendant cannot be convicted of an SECTION 10. PLACE OF COMMISSION


offense graver than alleged- Well-settled is OF THE OFFENSE
the rule that a person cannot be convicted of
an offense of which he has not been informed Reason for the rule. - The necessity and
or for a crime higher than that alleged in the sufficiency of an allegation in an information
information. of the place of commission of the offense
must be considered in the light of the fact that
Allegation of aggravating and qualifying such allegation commonly serves the dual
circumstances- Pursuant to Sections 8 and 9 purpose of informing the defendant of the
of this Rule, not only the essential ingredients nature and cause of the accusation against
of the crime charged must be set out in the him, and fixing jurisdiction and venue.
complaint or information but also the
attending qualifying and aggravating Jurisdiction of a court is generally limited to
circumstances as well, otherwise, the same a well-defined territory, so that it may not
cannot be properly appreciated. assume jurisdiction of persons charged with
an offense alleged to have been committed The act should be alleged as having
outside of that limited territory. been committed at a time before the
filing of the complaint or Information.
Allegation of specific place, not required.- If time is an immaterial ingredient to
So long as it appears from the allegations that the offense charged, approximation
the offense was committed, or some of the may be done in stating the date of
essential ingredients thereof occurred at some commission of the offense. In
place, within the jurisdiction of the court, the approximation, it is sufficient to
requirement is already satisfied. allege that the crime was committed
on or about [date committed], or
Exceptions; when specific place need be on [date committed], or thereabout.
averred.- As the rule itself implies, if the The word about is used for it is a
place of the commission of the offense comprehensive term which may cover
constitutes an essential element of the a considerable extent thereof.
offense- e.g. robbery in an inhabited house, i.e. on or about the March 26,
public building or place of worship (Article 2010, ; on March 26, 2010,
229, Revised Penal Code)- the place must be or thereabout.
pleaded with specificity. An allegation where the variance in
dates was so great as to defy
approximation itself in the
SECTION 11. DATE OF COMMISSION commission of an offense is
OF THE OFFENSE ineffective. (i.e 5 years, People vs.
Reyes)
It is not necessary to state in the complaint or
Information the precise date the offense was Exception
committed except when it is a material It is mandatory to allege the time of
ingredient of the offense. The offense may be commission of the offense with precision if
alleged to have been committed on a date as time is a material ingredient to the offense
near as possible to the actual date of its charged.
commission. When time is of the essence of the
offense, it must be correctly alleged
General Rule and proof must correspond to the
The complaint or Information must allege the allegation. On the other hand, when
time at which the offense was committed, it time is not of the essence of the
is not necessary that it be set out with exact offense, approximation or as near the
precision. It suffices that the allegation actual date as possible is sufficient.
approximates or be as near the actual date
when the offense was committed.
SECTION 12. NAME OF OFFENDED
PARTY
To identify the offended party; to make the
The complaint or information must state the complaint or Information sufficient; to be
name and surname of the person against easily identified by the court in case there is
whom or against whose property the offense indemnity to be awarded.
was committed, or any appellation or If the name of the offended party is
nickname by which such person has been or alleged and is erroneous, it shall be
is known. If there is no better way of deemed immaterial when the offense
identifying him, he must be described under can still be ascertained despite such
a fictitious name. error.
a) In offenses against property, if the
name of the offended party is When indispensable
unknown, the property must be In crimes against property, it is
described with such particularity as to essential that ownership must be
properly identify the offense charged. alleged as a matter essential to the
b) If the true name of the of the person description of the offense. If the name
against whom or against whose of the offended party is unknown, the
properly the offense was committed is property the subject matter of the
thereafter disclosed or ascertained, offense must be particularly
the court must cause the true name to described, as well as the identification
be inserted in the complaint or of the offense itself.
information and the record. The omission of the name of the
c) If the offended party is a juridical offended party is permissible only
person, it is sufficient to state its when his name is unknown but the
name, or any name or designation by stolen articles must be particularly
which it is known or by which it may described.
be identified, without need of The name of the injured party may be
averring that it is a juridical person or alleged as unknown in case of
that it is organized in accordance with necessity but it should not be inferred
law. that the naming of such person when
known is of no importance.
General Rule In some cases, names of the aggrieved
The name of the offended party should be parties are omitted. Examples of these
alleged in the complaint or Information. rape cases and cases involving
Offended party must be designated by violence against women and their
name, nickname, any other children. The Court withholds their
appellation or by fictitious name if identity as well as traumatic
there is no other way of identifying experiences of victims and names of
him. their family members.

Reason for the Rule


SECTION 13. DUPLICITY OF THE
OFFENSE ex. 1. COMPLEX CRIMES when a single
act produced two or more grave or less grave
A complaint or information must charge felonies or when one offense is a necessary
only one offense, except when the law means to commit another, the imposable
prescribes a single punishment for various penalty is that of the graver offense In this
offenses. (13a) case, the imposable penalty is that of the
graver offense.
General Rule (GR): Complaint or
information must contain ONLY one (1) 2. SPECIAL COMPLEX CRIMES when by
offense. reason or on the occasion of rape, homicide is
committed, the law imposes a single penalty
Rationale behind rule against duplicity of reclusion perpetua. (Same with Robbery
(To) Give the accused the necessary with Homicide)
knowledge of the charge against him and
enable him to sufficiently prepare for his 3. DELITO CONTINUADO (continuous
defense. The State should not heap upon the crime) when series of acts committed on the
accused two or more charges which might same period and impelled/incited by single
confuse him in his defense. criminal intent or resolution (ex. Theft of 13
cows owned by two different people
-Duplicity presupposes that there is a joinder committed by the accused at the same time
of distinct offenses in one complaint or and at the same period of time)
information.
4. ABSORPTION DOCTRINE wherein the
*If two or more offenses have been charged common crimes are not to be treated as
in the complaint or information, it is called separate crimes but are already absorbed. (ex.
Duplicitous complaint or information. Murder or homicide cannot be complexed
Duplicitous complaint and with Rebellion, insurrection, coup d etat)
information will render it as
defective. Waiver of duplicity of the offense

ex. When accused is charged of violating 2 Duplicity of the offense is a ground for a
different sections of the same law with motion to quash as mentioned in Rule 117 of
distinct penalties, and committed through the the Rules on Criminal Procedure.
performance of separate acts and if charged
in single information, would render it -If the accused did not timely object to the
duplicitous. duplicity of the offense charged against him
by raising/questioning it in a motion to quash
-Exception (XPN): When the law prescribes BEFORE he enters his plea, the defect is
a single punishment for various offenses. deemed waived and he can no longer avail of
this defense. As a result, the Court may
convict accused for as many offenses as are Amendment: Correction of an error on an
charged and proved, and impose on him omission in a complaint or information.
/them the penalty for each offense.
ex. Adding/striking out an allegation or name
*Timely objection: BEFORE TRIAL of any party, correcting a
mistaken/inadequate allegation or
description
SECTION 14. AMENDMENT OR
SUBSTITUTION Kinds of Amendment

A complaint or information may be 1. Formal


amended, in form or in substance without Does not change the nature of the
leave of court, at any time before the crime alleged therein
accused enters his plea. After the plea and Does not affect the essence of the
during the trial, a formal amendment may offense
only be made with leave of court an when it Does not deprive the accused an
can be done without causing prejudice to the opportunity to meet the new averment
rights of the accused. had each been held in one form.
However, any amendment before plea, Additional allegations which do not
which downgrades the nature of the offense alter the prosecutions theory of the
charged in or excludes any accused from the case
complaint or information, can be made only Additional specifications to eliminate
upon motion by the prosecutor, with notice vagueness in the information and not
to the offended party with leave of court. to introduce new and material facts
The court shall state its reasons in resolving
the motion and copies of its order shall be ex. Wrong spelling in the names of the
furnished all parties, especially the offended accused, Change in the date of the
party. commission of the crime (when disparity is
not that great), Changing the name of the
If it appears at any time before judgment offense charged in the caption and in the
that a mistake has been made in charging opening paragraph of the information
the proper offense, the court shall dismiss
the original complaint or information upon 2. Substantial
the filing of a new one charging the proper Change in the recital of facts
offense in accordance with Sec. 19, Rule constituting the offense charged
119, provided the accused would not be Determinative of the jurisdiction of
placed in double jeopardy. The court may the court
require the witnesses to give bail for their
appearance at the trial.
ex. Changing of the crime charged after the Substitution: Filing of a new complaint or
accused has pleaded not guilty to the former information because there has been a
crime charged mistake in charging the proper offense.
Done AT ANY TIME BEFORE
judgment
*Leave of Court: Permission from the
The Court shall dismiss the original
Court. complaint or information once the
new one charging the proper offense
FORMAL vs. SUBSTANTIAL is filed, PROVIDED, the accused
AMENDMENT, before and after will not be placed in double
arraignment (plea) jeopardy.

*Double Jeopardy: when the accused has


FORMAL been subject to prosecution for the same
SUBSTANTIA
Amendme offense to which he was already tried or
L Amendment
nt punished before.
-WITHOUT Leave of Court
XPN(When leave of court is AMENDMENT vs. SUBSTITUTION
REQUIRED):
1. Amendment downgrades the
Amendment Substitution
nature of the offenses charged
SUBSTANTIAL
2. Amendment excludes any FORMAL or
CHANGE from the
accused from complain or SUBSTANTIAL
(Any original charge
information
time) BEFORE PLEA:
-Motion by the
BEFOR effected
PROSECUTOR with WITH leave of court
E PLEA WITHOUT leave
NOTICE to the offended party
of court
-The Court shall state its
ANOTHER
reasons in resolving the As to Form: NO
preliminary
motion and copies of its order NEED for
investigation and
shall be FURNISHED ALL another
accused has to plead
PARTIES, especially the preliminary
anew to the new
offended party investigation
information
-WITH
Requires/presupposes
Leave of
SAME that the new
Court
AFTER NOT OFFENSE information involves a
-
PLEA, ALLOWED charged DIFFERENT
Amendmen
DURIN XPN: If it is OFFENSE
t DOES
G BENEFICIAL
NOT cause
TRIAL to the accused
prejudice to
the rights of SECTION 15. PLACE WHERE ACTION
the accused IS TO BE INSTITUTED

a) The criminal action shall be instituted and


tried in the court of the municipality or
territory where the offense was listed incorporators of Tsakos Maritime
committed or where any of its essential Services, Inc. ,another local manning agency.
ingredients occurred.
Jimenez filed a complaint-affidavit
b) For crimes that have been committed
with the Office of the City Prosecutor of
inside a train, aircraft, or other public or Mandaluyong City against the respondents
private vehicle, criminal action will be for syndicated and large scale illegal
instituted and tried in the municipality recruitment. The City Prosecutor approved
where the said vehicle passed during the the recommendation and filed criminal
trip, including the place of departure and information with the RTC of Mandaluyong
arrival. City. However, he then reconsidered and
filed a motion to withdraw the information.
c) For international vessels, offenses
RTC denied the withdrawal as it found
committed on board vessels the criminal existence of probable cause. Hence, RTC
action is instituted and tried on the first ordered the issuance of warrant of arrest.
port of entry where the vessel passed and
subject to accepted principles of Amil then filed a motion for judicial
international law. determination of probable cause with a
d) Crimes committed outside the request to defer enforcement of the warrant of
arrest, which the RTC denied. Amil filed a
Philippines but punishable under Article
motion for reconsideration and moved for
2 of the Revised Penal Code shall be inhibition of the current judge for being
cognizable by the court where the biased. RTC rule in favor of Amil, it
criminal action is first filed. (15a) dismissed the complaint for lack of probable
cause. RTC also set aside the warrant of
arrest.
SECTION 16. INTERVENTION OF THE
Jimenez filed a motion for
OFFENDED PARTY IN CRIMINAL reconsideration which the RTC denied. He
ACTION. then file a notice of appeal, which Amil move
to expunge since public prosecutor did not
The offended party may intervene by counsel authorized the appeal and Jimenez does not
in the prosecution of the offense. (16a) have civil interest in the case. Jimenez
countered that he was the offended party and
that TMSIs fraudulent act greatly prejudice
Topic: Institution of Criminal Action, Sec. 1
him.
Charisa L. Belista
Jimenez elevated the case to the CA
G.R. No. 178607 December 5, 2012
but was denied as OSG had the legal
DANTE LA. JIMENEZ v. HON. EDWIN
personality to file the petition in behalf of the
SORONGON
People of the Philippines. Moreover, CA held
that Jimenez is not a real party in interest as
Facts: Jimenez is the president of Unlad
he was not a victim of the crime, but merely
Shipping & Management Corporation, a local
a competitor in the business.
manning agency, while Socrates Antzoulatos,
Carmen Alamil, Marceli Gaza, and Markos
Avgoustis (respondents) are some of the
Issue: Whether or not Jimenez has the legal instead of three counts of murder, and meting
personality to assail the dismissal of the case. on him for each count of homicide the
indeterminate sentence of 10 years of prision
Held: Procedural law basically mandates that mayor as minimum to 17 years of reclusion
"all criminal actions commenced by temporal as maximum.
complaint or by information shall be
prosecuted under the direction and control of Subsequently, Edwin Valdez sent to
a public prosecutor." The People is the real the Court Administrator a self- explanatory
party in interest in a criminal case and only letter where he pleaded for the application to
the OSG can represent the People in criminal him of the judgment promulgated to his co-
proceedings pending in the CA or in this accused Eduardo Valdez on the ground that
Court. the judgment would be beneficial to him as
an accused.
In this case, the petitioner has no legal
personality to assail the dismissal of the Issue: Whether or not the judgement by the
criminal case since the main issue raised by appellate court downgrading the penalty of
the petitioner involved the criminal aspect of Edwins co-accused is applicable to him
the case, i.e., the existence of probable cause.
The petitioner did not appeal to protect his Held: Yes. It is unavoidable for the Court to
alleged pecuniary interest as an offended pronounce PO2 Valdez guilty of three
party of the crime, but to cause the homicides, instead of three murders, on
reinstatement of the criminal action against account of the information not sufficiently
the respondents. This involves the right to alleging the attendance of treachery.
prosecute which pertains exclusively to the
People, as represented by the OSG. The real nature of the criminal charge
is determined not from the caption or
preamble of the information, or from the
Topic: Sufficiency of Complaint or specification of the provision of law alleged
Information, Sec.6 to have been violated, which are mere
Charisa L. Belista conclusions of law, but by the actual recital
of facts in the complaint or information.
G.R. No. 175602 February 13, 2013
PEOPLE OF THE PHILIPPINES v. P02 For complaint or information to be
EDUARDO VALDEZ and EDWIN sufficient, it must state the name of the
VALDEZ accused; the designation of the offense given
by the statute; the acts or omissions
complained of as constituting the offense; the
Facts: The two accused were tried for three name of the offended party; the approximate
counts of murder by the RTC in Quezon City. time of the commission of the offense, and
On After the trial, the RTC convicted them as the place wherein the offense was committed.
charged, prescribed on each of them the What is controlling is not the title of the
penalty of reclusion perpetua for each count. complaint, nor the designation of the offense
charged or the particular law or part thereof
The CA promulgated its judgment on allegedly violated, these being mere
the appeal of PO2 Eduardo Valdez, finding conclusions of law made by the prosecutor,
him guilty of three counts of homicide, but the description of the crime charged and
the particular facts therein recited. The acts or Ombudsman found probable cause against
omissions complained of must be alleged in the petitioner and some other private
such form as is sufficient to enable a person individuals for violation of RA 3019 and
of common understanding to know what against the petitioner alone for Falsification
offense is intended to be charged, and enable of Public Documents under Art. 171 par. 4 of
the court to pronounce proper judgment. the RPC.
Every element of the offense must be stated
in the information. What facts and The Ombudsman filed the
circumstances are necessary to be included corresponding informations with the
therein must be determined by reference to Sandiganbayan.
the definitions and essentials of the specified
crimes. The requirement of alleging the The Sandiganbayan ordered the
elements of a crime in the information is to Office of the Special Prosecutor (OSP) to
inform the accused of the nature of the conduct a reinvestigation. The
accusation against him so as to enable him to Sandiganbayan gave the petitioner 10 days to
suitably prepare his defense. The file his counter-affidavit with the OSP.
presumption is that the accused has no
independent knowledge of the facts that Instead of submitting his counter-
constitute the offense affidavit, petitioner asked for another 3-day
extension and afterwhich another 20-day
extension.

Despite the given extensions, the


Topic: Prosecution of Offenses petitioner still failed to file his counter-
Bergonia, Elira Jane S. affidavit prompting prosecutor Norberto B.
Ruiz to declare the petitioner to have waived
his right to submit countervailing evidence.
G.R. No. 172035 July 4, 2012 Ombudsman approved the resolution.
FERNANDO Q. MIGUEL vs. THE
HONORABLE SANDIGANBAYAN After several extensions sought and
granted, the petitioner filed a Motion to
FACTS: Quash and/or Reinvestigation for the
Vice Mayor and other local officials criminal cases against him. The
of Koronadal City, South Cotabato filed a Sandiganbayan denied the petitioners
letter-complaint with the Office of the motion because of the pending OSP
Ombudsman-Mindanao charging the reinvestigation this, despite the OSPs earlier
petitioner, Fernando Miguel, of violations of termination of the reinvestigation for the
R.A. 3019 (Antigraft and Corrupt Practices petitioners continuous failure to submit his
Act) in connection with the consultancy counter-affidavit.
services for the proposed Koronadal Public
Market. After the arraignment, the OSP file a
Motion to Suspend Pendente Lite. The
The Ombudsman directed the petitioner filed his Vigorous Opposition
petitioner to submit his counter-affidavit. based on the obvious and fatal defect in the
After moving for an extension, the petitioner information.
filed his counter-affidavit. Thereafter, the
The Sandiganbayan promulgated the either through oral arguments or pleadings,
assailed resolution suspending the petitioner has been accorded, no denial of procedural
pendent lite. due process exists.

The petitioner moved for Topic: Prosecution of Offenses


reconsideration of his suspension order and Bergonia, Elira Jane S.
demanded pre-suspension hearing. The
Sandiganbayan denied his motion, prompting G.R. No. 179031. November 14, 2012
him to file this certiorari petition to challenge PEOPLE OF THE PHILIPPINES vs.
the validity of the suspension order. BENJAMIN SORIA y GOMEZ

ISSUE: Whether the absence of an actual FACTS:


pre-suspension hearing renders invalid the
suspension order against the petitioner. Version of the Prosecution:
The victim, AAA, is the daughter of the
accused. On February 26, 2000, AAA and her
HELD: No. In Bedruz vs Sandiganbayan, the siblings enjoyed the spaghetti their father
court considered the opposition of the brought home for merienda. After eating,
accused (Motion to Suspend Pendente Lite) AAA went to the bedroom to rest. Thereafter,
as sufficient to dispense with the need to appellant also entered the room and
actually set the prosecutions motion for positioned himself on top of AAA, took off
hearing. her clothes and felt that he inserted his
penis into her vagina. AAA felt intense pain
In the case at bar, while there was no from her breast down to her vagina and thus
pre-suspension hearing held to determine the told her father that it was painful. At that
validity of the information/suspension, the point, appellant apologized to his daughter,
court believed that the pleadings filed for and stood up, and left the room. The whole
against them achieved the goal of the incident was witnessed by AAAs brother,
procedure. The right to due process is BBB. The pain persisted until AAAs vagina
satisfied not by just oral arguments but by the started to bleed. She thus told her aunt about
filing and the consideration by the court of it and they proceeded to a hospital for
the parties pleadings, memoranda and other treatment. Her mother was also immediately
position papers. informed of her ordeal. AAA was taken into
the custody of the Department of Social
Since a pre-suspension hearing is Welfare and Development.
basically a due process requirement, when an
accused public official is given an adequate Version of the Defense:
opportunity to be heard on his possible
defenses against a mandatory suspension Appellant admitted that he was at home on
under RA 3019, then an accused would have the day and time of AAAs alleged rape but
no reason to complain that no actual hearing denied committing the same. Instead, he
was conducted. It is well settled that to be claimed that the filing of the rape case against
heard does not only mean oral arguments in him was instigated by his wife, whom he
court; one may be heard also through confronted about her illicit affair with a man
pleadings. Where opportunity to be heard, residing in their community. According to
appellant, he could not have molested AAA due to BBBs failure to testify.
because he treated her well. In fact, he was
the only one sending his children to school The court however found it
since his wife already neglected them and inconsequential that AAA could not
seldom comes home. specifically identify the particular instrument
or object that was inserted into her genital.
ISSUE: What is important and relevant is that indeed
1. Whether the allegations of the accused is something was inserted into her vagina.
credible to cast a reasonable doubt which Moreover, the prosecution satisfactorily
would warrant his acquittal? established that appellant accomplished the
2. Whether the information is sufficient to act of sexual assault through his moral
justify the conviction of the accused? ascendancy and influence over AAA which
substituted for violence and intimidation.
HELD: Thus, there is no doubt that appellant raped
AAA by sexual assault.
1. Rape can now be committed either
through sexual intercourse or by sexual It is also improbable for appellants
assault. Rape under paragraph 1 of Article wife to have dared encourage their daughter
266-A is referred to as rape through sexual AAA to file the charges publicly expose the
intercourse. Carnal knowledge is the central dishonor of the family unless the rape was
element and it must be proven beyond indeed committed.
reasonable doubt. On the other hand, rape
under paragraph 2 of Article 266-A is
commonly known as rape by sexual assault. 2. The Information in this case did not
The perpetrator commits this kind of rape by specify with certainty whether appellant
inserting his penis into another persons committed the rape through sexual
mouth or anal orifice, or any instrument or intercourse under paragraph 1 of Article 266-
object into the genital or anal orifice of A, or rape by sexual assault as described in
another person. paragraph 2 thereof. The Information stated
that appellant inserted his penis into the
The RTC and the CA found the genital of "AAA," which constituted rape by
accused guilty of rape through sexual sexual intercourse under the first paragraph
intercourse but It is evident from the of Article 266-A. At the same time, the
testimony of AAA that she was unsure Information alleged that appellant used force
whether it was indeed appellants penis and intimidation to commit an act of sexual
which touched her labia and entered her assault. While these allegations cause
organ. AAA stated that she only knew that it ambiguity, they only pertain to the mode or
was the bird of her father which was manner of how the rape was committed and
inserted into her vagina after being told by the same do not invalidate the Information or
her brother BBB. Clearly, AAA has no result in the automatic dismissal of the case.
personal knowledge that it was appellants "[W]here an offense may be committed in
penis which touched her labia and inserted any of the different modes and the offense is
into her vagina. Hence, it would be erroneous alleged to have been committed in two or
to conclude that there was penile contact more modes specified, the indictment is
based solely on the declaration of AAAs sufficient, notwithstanding the fact that the
brother, BBB, which declaration was hearsay different means of committing the same
offense are prohibited by separate sections of FACTS:
the statute. The allegation in the information Desi Tomas was charged in court for
of the various ways of committing the offense perjury under Article 183 of the Revised
should be regarded as a description of only Penal Code (RPC) for making a false
one offense and the information is not narration in a Certificate against Forum
thereby rendered defective on the ground of Shopping.
multifariousness." Any objection from the
appellant with respect to the Information is The accusation stemmed from Union
held to have been waived failing any effort to Banks two (2) complaints for sum of money
oppose the same before trial. He therefore can with prayer for a writ of replevin against the
be convicted of rape through sexual spouses Eddie and Eliza Tamondong and a
intercourse or rape by sexual assault, John Doe, filed before the RTC, Branch 109,
depending on the evidence adduced during Pasay City; and filed and raffled to the
trial. MeTC, Branch 47, Pasay City. Both
In determining whether appellant is complaints showed that Tomas executed and
indeed guilty of rape through sexual signed the Certification against Forum
intercourse under paragraph 1 of Article 266- Shopping.
A, it is essential to establish beyond
reasonable doubt that he had carnal Accordingly, she was charged of
knowledge of "AAA". There must be proof deliberately violating Article 183 of the RPC
that his penis touched the labia of "AAA" or by falsely declaring under oath in the
slid into her female organ, and not merely Certificate against Forum Shopping in the
stroked the external surface thereof, to ensure second complaint that she did not commence
his conviction of rape by sexual intercourse. any other action or proceeding involving the
We reviewed the testimony of "AAA" same issue in another tribunal or agency.
and found nothing therein that would show
that she was raped through sexual Tomas filed a Motion to Quash,
intercourse. While "AAA" categorically arguing, among others, that the venue was
stated that she felt something inserted into her improperly laid since it is the Pasay City
vagina, her testimony was sorely lacking in court (where the Certificate against Forum
important details that would convince us with Shopping was submitted and used) and not
certainty that it was indeed the penis of the MeTC-Makati City (where the Certificate
appellant that was placed into her vagina. against Forum Shopping was subscribed) that
has jurisdiction over he perjury case. Second,
Based on the evidence adduced, the she argued that the facts charged do not
accused is found guilty beyond reasonable constitute an offense because: (a) the third
doubt for the crime of rape by sexual assault. element of perjury the willful and deliberate
assertion of falsehood was not alleged with
Topic: Prosecution of Offenses particularity without specifying what the
Bergonia, Elira Jane S. other action or proceeding commenced
involving the same issues in another tribunal
G.R. No. 192565. February 28, 2012 or agency; (b) there was no other action or
UNION BANK OF THE PHILIPPINES and proceeding pending in another court when the
DESI TOMAS vs. PEOPLE OF THE second complaint was filed; and (c) she was
PHILIPPINES charged with perjury by giving false
testimony while the allegations in the
Information make out perjury by making a provides that subject to existing laws, the
false affidavit. criminal action shall be instituted and tried in
the court or municipality or territory where
The MeTC-Makati City denied the the offense was committed or where any of
Motion to Quash and subsequently denied its essential ingredients occurred.
Tomas motion for reconsideration.
The above provision should be read in
Union Bank and Tomas filed a light of Section 10, Rule 110 of the 2000
petition for certiorari before the RTC- Makati Revised Rules of Criminal Procedure which
City to annul and set aside the MeTC-Makati states:
City orders on the ground of grave abuse of Place of commission of the
discretion, which was dismissed. The RTC- offense. The complaint or
Makati City subsequently denied Union Bank information is sufficient if it
and Tomas motion for reconsideration. can be understood from its
Hence, the review under Rule 45. allegations that the offense
was committed or some of its
essential ingredients occurred
ISSUE: Whether or not Makati City, where at some place within the
the Certificate Against Forum Shopping was jurisdiction of the court,
notarized, is the proper venue for the case of unless the particular place
perjury. where it was committed
constitutes an essential
element of the offense
HELD: YES. Venue is an essential element charged or is necessary for its
of jurisdiction in criminal cases. It determines identification.
not only the place where the criminal action
is to be instituted, but also the court that has Both provisions categorically place
the jurisdiction to try and hear the case. The the venue and jurisdiction over criminal cases
reason for this rule is two- fold. First, the not only in the court where the offense was
jurisdiction of trial courts is limited to well- committed, but also where any of its essential
defined territories such that a trial court can ingredients took place. In other words, the
only hear and try cases involving crimes venue of action and of jurisdiction are
committed within its territorial jurisdiction. deemed sufficiently alleged where the
Second, laying the venue in the locus criminis Information states that the offense was
is grounded on the necessity and justice of committed or some of its essential ingredients
having an accused on trial in the municipality occurred at a place within the territorial
of province where witnesses and other jurisdiction of the court.
facilities for his defense are available.

Unlike in civil cases, a finding of


improper venue in criminal cases carries
jurisdictional consequences. In determining
the venue where the criminal action is to be
instituted and the court which has jurisdiction
over it, Section 15(a), Rule 110 of the 2000
Revised Rules of Criminal Procedure