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Sec. 1. Institution of criminal offense.

HOW CRIMINAL ACTIONS ARE INSTITUTED

Offenses are instituted in the following manner:
1. Filing of complaint for offenses which require preliminary
investigation before it is filed in court.
-filing of complaint with the proper officer for PI
-if in manila or chartered cities
-if penalty prescribed is at least four (4) years, two (2)
months and one (1) day of imprisaonment w/o regard to
fine. (Rule 112, Sec.1)

2. Direct filing of complaint or Information to MTC or MCTC

- Penalty is lower than at least four (4) years, two (2) months and one
Submitted to: ATTY. BYRON SAN PEDRO (1) day w/o regard to fine.
Presented by: - Outside manila or chartered cities.
 Del Mundo, Jared
 Dimaano, Arianne Prosecution of Offenses
 Escote, Veah
Institution of criminal action interrupts prescriptive period.
 Resentes, Denz Christian General Rule:
 Tenerife, John Franklin -When the complaint is filed with the proper officer authorized to conduct PI
-When the complaint is directly filed with MTC or MCTC
Exception:
- Special laws provide otherwise.
- Act. 3323 governs prescriptive periods for special laws.

Sec. 2. The Complaint or information

- Shall be in writing
- In the name of People of the Philippines against all person who are
responsible for the offense involved.
Note: For purposes of PI the complaint is usually in the name of the offended
party as complainant.

Sec. 3. Complaint defined.

- Sworn written statement charging a person with an offense,

- Subscribed by the offended party, any peace officer, other public officer

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- Refers to one filed in court Except:

Persons authorized to file complaint are:
(expressio unius est exclusio alterius)
1. Offended party
2. Any peace officer
3. Other public officer charged with the enforcement of the law violated
In case of heavy work schedule of the public prosecutors, the private
prosecutor may be authorized in wirting by the Chief of the Prosecutor Office
or the Regional State Prosecutor to prosecute the case subject to the approval
of the court.

GENERAL RULE DISCUSSION:

SECTION 4: INFORMATION DEFINED
Public prosecutor (Fiscal): As a quasi-judicial officer
An information is An accusation in writing charging a person with an offense, Two-fold aim: The guilt shall not escape or the innocence suffer.
subscribed by the prosecutor and filed with the court.
1. He is charged with the defense of the community aggrieved by the
COMPLAINT VS INFORMATION commission of a crime as if he himself were the aggrieved party.
(reason)
Complaint
 A criminal offense is an outrage to the stated, it is but a natural
 Signed by the offended party, any peace officer or other officer that the representatives of the state should direct and control the
charged with the enforcement of the law violated prosecution.
 it may be filed either in court or in the prosecutor’s office 2. Determines whether a prima facie case exists or not
 must be made under oath 3. He must have control of the prosecution of the criminal case.
4. he must have the power to decide between conflicting testimonies or
Information witnesses.

 Always signed by the fiscal (indispensable requirement)
 it is filed with the court
 need not be under oath
Who are the Persons authorized to file information?
Motion to Dismiss case in court
Rule: When the information has already been file in court, the court steps in
and takes control of the case until the same is finally disposed of, so that the
fiscal has no more control over it.

1. City or Provincial prosecutor and their assistants
2. Duly appointed special prosecutors
3. Lawyer ( appointed by the Secretary of Justice
SECTION 5: WHO MUST PROSECUTE CRIMINAL ACTION?
Prosecution of criminal cases, direction and control
General Rule: All criminal actions either commence by complaint or by
information shall be prosecuted under the direction and control of the public
prosecutor (fiscal)
 If a public prosecutor (fiscal) file a motion to dismiss, it should be
properly address to the sound discretion of the trial court.
 If the court refuses to grant the fiscals motion to dismiss:
-the fiscal should continue to appear in the case although he may
turn over the presentation of evidence to the private prosecutor.
 In the event that the court decides to dismiss the case upon
motion of the prosecution:
-the court should make independent evaluation or assessment of
its merit and not to solely rely on the said motion as this will be
an abdication of its duty and jurisdiction to determine a prima
facie case.

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Where to file a motion of reinvestigation?
 Should the fiscal find it proper to conduct a reinvestigation of the
case, at such stage, the permission of the Court must be secured.
 After reinvestigation the finding and recommendation of the
fiscal sould be submitted to the court for appropriate action.
(EXCEPTION)
A PRIVATE PROSECUTOR may be authorized to prosecute a criminal action
subject to the following conditions:
1. the public prosecutor has a heavy work schedule, or there is no public
prosecutor assigned in the province or city;
2. the private prosecutor is authorized IN WRITING by the Regional
State Prosecutor (RSP), Provincial or City Prosecutor;
3. the authority of the private prosecutor must be approved by the
court;
4. the private prosecutor shall continue to prosecute the case until the
end of the trial unless the authority is withdrawn or otherwise
revoked by the RSP, Provincial or City Prosecutor;
5. . In case of the withdrawal or revocation of the authority of the
private prosecutor, the same must be approved by court. (Memo Circ.
No. 25, April 26, 2002, Regarding Amendment to Sec. 5, Rule 110)
AFTER A CASE WAS ALREADY FILE IN COURT
RTC- Public Prosecutor
SC or CA- Solicitor General
General Rule: The office of the Solicitor general is the sole representative of
the “People of the Philippines” on appeals before CA or SC through:
1. Writ of error
2. Petition for review
3. Automatic appeal
4. Special civil actions
Exception: The Office of the Ombudsman, through its Special Prosecutor, shall
represent the “People of the Philippines” in all cases elevated to the Supreme
Court by way of:
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1. Petition for review against decisions
2. Final orders of the Sandigan Bayan
INTERVENTION OF THE AGGRIEVED PARTY
General Rule: The offended party may intervene in the criminal proceeding
personally or by counsel
Except: The offended party cannot intervene when:
1. the accused enters a pela of guilty before the commencement of the
trial.
2. Where said offended party waives his right to the civil action
3. Expressly reserves his right to institute it after the termination of the
criminal action ( he is deemed to have lost his right to intervene.)
Note:
 The intervention of the offended party in criminal prosecutions is
predicated on his right to enforce the civil liability borne out of the
criminal act and not of demanding punishment of the accused.
-this means that he may intervene in the prosecution if he seeks
damages, if not, the court canot make any pronouncement with
respect to it.
 Even if the offended party may intervene, the criminal actions shall be
prosecuted under the direction and control of the fiscal.
 The offended party may not appeal from an order of dismissal by the
court entered upon motion of the fiscal, tho he may do so on the civil
aspect thereof is concerned.
RIGHT OF THE OFFENDED PARTY TO FILE SPECIAL CIVIL ACTION
INDEPENDENTLY OF THE STATE
Rule 65 Sec 1:
PRIVATE CRIMES: CRIMES THAT’S INSTITUTED BY PRIVATE PARTY
Article 360 of the Revised Penal code provides:
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 These crimes which cannot be prosecuted de oficio and requires that
the criminal action be brought at the instance of andupon complaint
expressly file by the offended party:
1. Adultery
2. Concubinage
3. Seduction
4. Abduction or acts of lasciviousness
5. Action for defamation
Reason: imposed out of consideration for the aggrieved party who
mightprefer to suffer the outrage in silence rather than go through the scandal
of a public trial.
Note:
 Private crimes may be prosecuted only at the instance of and upon
express complaint by the offended party. Failure to comply deprives
the court of jurisdiction to try the action.
1.It can be prosecuted exclusively and successively by the following
persons in this order:
1. By the offended woman (party)
2. The parents, grandparents or legal/judicial guardian in that
successive order
3. By the state in the exercise of the right 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 guardian.
DEFAMATION CASES
2. A defamation imputing to a person any of the foregoing crimes of
concubinage, adultery, seduction, abduction, rape or acts of
lasciviousness can be prosecuted only by the party or parties
defamed
SECTION 6: SUFFICIENCY OF COMPLAINT OR INFORMATION

 Jurisdictional requirement A complaint or information is sufficient if it states:

PROSECUTION OF A PRIVATE CRIM COMPLEXED WITH A PUBLIC OFFENSE 1. Name of the accused
2. The designation of the offense given by the statute
 In complex crim , where one of the component offenses is a private 3. The acts or omissions complained of as constituting the offense
crim and the other a public offense, the fiscal may initiate the 4. Name of the offended party
proceedings de oficio 5. The approximate date of the commission of the offense
6. The place where the offense was committed
Reason: since one of the component offenses is a public crim, the latter should Purspose:
prevail, public interest being always paramount to private interest.
1. To notify the defendant of the criminal acts imputed to hime so that
WHO MAY PROSECUTE? he can duly prepare his defense

PROSECUTION OF ADULTERY AND CONCUBINAGE Note:

 Only the offended spouse who should have the status, capacity, legal
representation at the time of filing of the complaint, regardless of age.
 Cannot institute criminal prosecution without including the guilty
parties, if they are both alive, nor, in any case , if he shall have
consented or pardon the offenders
SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
- The acts or omissions complained of as constituting the offense must
be stated in ordinary and concise language without repetition,not
necessarily in the terms of the statute defining the offense, but in
such form as is sufficient to enable a person of common
understanding to know that offense is intended to charge and enable
the court to pronounce judgement.
TEST OF SUFFICIENCY OF COMPLAINT OR INFORMATION

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General Rule: that if the complaint or information clearly and succinctly sents
out:
1. The names of accused
2. The designation of the crime charged
3. The acts or omissions complained of as constituting the offense
4. The name of the offended party
5. The approximate time of the commission of the offense
6. The place wherein the offense was committed
Note: Substantial defect in the information cannot be cured by evidence that
would jeopardize the accused’s right to be informed of the true nature of the
offense he is being charged with.
Sec. 7 – Name of the Accused
The complaint or information must state name of the accused in any of the ffg
ways:
1) Name and surname
2) Nickname and appellation by which he has been or is known
3) Fictitious name with statement that his true name is unknown
Purposes for this rule:
1) To make a specific identification of the person to whom the
commission of an offense is being imputed
2) To preclude the possibility of having a wrong person apprehended
and brought to trial while the real culprit goes scot-free
Error in name
- It is not reversible, as long as the identity is sufficiently established
- The defect is curable at any stage of the proceeding
- Error in name must be called to the court at the time of arraignment; if
not, the person is estopped in raising the question
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Sec. 8 – Designation of the Offense
The information or complaint must state or designate the following whenever
possible:
1) The designation of the offense given by the statute.
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.
Purposes for this rule:
1) The accused should be fully appraised of the true charges against him
to avoid any possible surprise which might be detrimental to his
rights
2) To afford the accused of the opportunity to prepare his defense
accordingly
Designation of the Offense
- Facts must be sufficient to enable a person of common understanding
to know what is being alleged
- It is sufficient if all the essential elements constituting the particular
offense in the statute are present
- Real name of the offense in the crime is determined not by its title but
by the facts alleged in the accusation
Sec. 9 – Designation of the Offense
Purposes for this rule:
1) To enable the court to pronounce proper judgment;
2) To furnish the accused with such a description of the charge as to
enable him to make a defense;

3) To serve as a protection against further prosecution for the same
cause.
Rule on Negative Averments
GENERAL RULE: Where the statute penalizes generally the acts therein
defined and is intended to apply to all persons indiscriminately, the
information is sufficient even if does not allege that the accused falls within
the excepted situation, for then the complete definition of the offense is
entirely separable from the exceptions and can be made without reference to
the latter. In this case, the exception is a matter of defense which the accused
has to prove.
EXCEPTION: Where the statute alleged to have been violated applies only to a
specific class of persons and to special conditions, the information must allege
facts establishing that the accused falls within the specific class affected and
not those affected from the coverage of law. Where negative averment is an
essential element of the crime, it must be proved.
Sec. 10 Place of commission of the offense
General Rule:
The complaint or information is sufficient if:
4) It can be understood from the allegations in the complaint or
information that the offense was committed.
5) Some of the offense essential ingredients occurred at some place
within the jurisdiction of the court.
Exception to the rule:
3) The particular place where the offense was committed constitutes an
essential element of the offense charged.
4) Necessary for the identification of the offense committed.
Purpose of Rule: The necessity and sufficiency of an allegation in an
information of the place of commission of the offense must be considered in
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the light of the fact that such allegation commonly serves the dual purpose of
informing the defendant of the nature and cause of the accusation against him,
and of fixing jurisdiction and venue (Pamaran,M.R. 2012 Ed. p. 106).
Crimes Where Place is Essential
a. Violation of domicile;
b. Penalty on keeper, watchman and visitor of an opium den;
c. Trespass to dwelling;
d. Violation of election law, e.g., 30 meter-radius carrying of deadly
weapon prohibited.
A general allegation in the complaint that the felony was committed
within the jurisdiction of the court is sufficient.
The remedy is a motion for Bill of Particulars under Rule 116, Sec. 6.
Venue of Criminal Action for Written Defamation
Venue in criminal cases is an essential element of jurisdiction. To determine
venue in libel cases, the complaint or information should contain allegations
as to whether, at the time the offense was committed, the offended party was a
public officer or a private individual and where he was actually residing at the
time. Whenever possible, the place where the written defamation was printed
and first published should likewise be alleged. That allegation would be a sine
qua non if the circumstances as to where the libel was printed and first
published is used as the basis of the venue of the action.
Jurisdiction - treats of the power of the court to decide the case on merits.
Venue - deals with the locality, the place where the suit may be had.
Sec. 11 Date of commission of offense
General Rule:
It is not necessary to state in the complaint or information the precise date the
offense was committed.

The offense may be alleged to have been committed on a date as near as
possible to the actual date of its commission.
Exception to the rule:
When the precise date is a material ingredient of the offense.
"Time" of the commission of the offense was changed to "DATE."
Crimes Where Time is Essential
a. Infanticide;
b. Violation of Sunday Statutes (Election Law); and
c. Abortion.
The complaint must allege a specific time and place when and where the
offense was committed, but when the time so alleged is not of the essence of
the offense, it need not be proved as alleged, and the complaint will be
sufficient if the evidence shows that the offense was committed at any time
within the period of the statute of limitation and before the commencement of
the action.
Where the complaint for rape charges accused with having committed the
crime "on or about the month of June 1978" and the affidavit shows that it
was committed for "sometime prior to said period and subsequent thereto,"
attaching thereto the affidavit of the complainant that she was abused before
the start of classes in June 1978 which may thus be considered as part of the
complaint, the discrepancies between the accusation and the complaint as to
the time of occurrence of the carnal copulations in rape do not affect the
essential rights of the accused, where the acts occurred within the period of
time alleged in both writings, and the difference noted in other respects was
of a formal, rather than a substantial, character.
"About" is a very comprehensive term which when used with regards to time,
may cover a considerable extent thereof.
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BUT in U.S. v. Smith — it was held that the proof need not correspond to the
allegation, unless the time and place is material and of the essence of the
offense as a necessary ingredient in its description.
The evidence is admissible and sufficient if it shows:
(1) That the crime was committed at any time within the period of limitation
(statute of limitations) and
(2) Before or after the time stated in the complaint or indictment and before
the action is commenced.
Thus, an information charging the commission of the crime of robbery in
December 1902, was filed in March 19, 1903.
It was held that the complaint was sufficient to sustain a conviction even if the
proof showed that it was committed in January 1903.
It was, however held, in U.S. v. Dickao, that an allegation from October 1910 to
August 1912 is defective:
“To allege in an information that the accused committed rape on a certain girl
between October 1910, and August 1912, is too indefinite to give the accused
an opportunity to prepare his defense, and that indefiniteness is not cured by
setting out the date when a child was born as a result of such crime.
An information for bigamy must state the time and place of the second
wedding.
Variance, however, on date of commission of rape is irrelevant. Time is
irrelevant in ”rape" and violations of the Dangerous Drugs Law cases.
Statute of Limitations:
Statutes of limitations are construed as acts of grace, and a surrender by the
sovereign of its right to prosecute or of its right to prosecute at its discretion.
Such statutes are considered as equivalent to acts of amnesty founded on the
liberal theory that prosecutions should not be allowed to ferment endlessly in

the files of the government to explode only after witnesses and proofs
necessary for the protection of the accused have by sheer lapse of time passed
beyond availability. The periods fixed under such statutes are jurisdictional
and are essential elements of the offenses covered (People v Lacson, G.R. No.
149453, April 1, 2003).
Sec. 12 Name of the offended party
General Rule:
The Complaint or information must state the name and surname of the person
against whom or against whose property the offense was committed, or any
appellation or nickname by which such person has been or is known. If there
is no better way to identifying them, he must be described under a fictitious
name.
SUB RULES OF RULE 110 SEC. 12
A. Offenses against property (Unknown name of the offended party)
--> The property must be described with such particularity as to properly
identify the offense charged.
B. Disclosed or Ascertained true name of the person against whom or against
whose property the offense was committed
--> The court must cause such true name to be inserted in the complaint or
information and the record.
C. The Offended party is a Juridical Person
--> It is sufficient to state its name,, or any name or designation by which it is
known or by which it may be identified, without need of averring that it is a
juridical person or that it is organized in accordance with law.
Exception to the Rule:
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In rape cases, or in cases involving violence against women and their children
the court shall withhold the real name of the victim and shall use fictitious
initials to represent her.
Case Study:
People of the Philippines v. Benjamin Soria Y Gomez, G.R. No. 179031,
November 14, 2012
Del Castillo J.
Facts:
On February 26, 2000, "AAA" and her siblings enjoyed the spaghetti their
father (appellant) brought home for merienda. After eating, "AAA" went to the
bedroom to rest. Thereafter, appellant also entered the room and positioned
himself on top of "AAA", took off her clothes and inserted his penis into her
vagina. "AAA" felt intense pain from her breast down to her vagina and thus
told her father that it was painful. At that point, appellant apologized to his
daughter, stood up, and left the room. This whole incident was witnessed by
"AAAs" brother, "BBB".
Issue:
Whether the accused committed the crime of Rape through Sexual Intercourse
or Rape by Sexual Assault.
Ruling:
The Court find appellant guilty of rape by sexual assault. It cannot be denied
that appellant inserted an object into "AAAs" female organ. "AAA" categorically
testified that appellant inserted something into her vagina. She claimed to
have suffered tremendous pain during the insertion. The insertion even
caused her vagina to bleed necessitating her examination at the hospital. Both
the trial court and the CA found "AAAs" testimony to be credible. We find no
compelling reason not to lend credence to the same.
Dispositive Portion:
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WHEREFORE, the December 29, 2006 Decision of the Court of Appeals in CA- People vs Chingh G.R. No. 178323, 16 March 2011 – “when two or more offenses
G.R. CR-H.C. No. 01442 is AFFIRMED with MODIFICATIONS. Accused- are charged in a single complaint or information, the accused must object to
appellant Benjamin Soria y Gomez is found guilty beyond reasonable doubt of such fact before trial. If he does not so object, the court may convict him of as
the crime of rape by sexual assault and is sentenced to suffer the penalty of many offenses as are charged and proved, and impose on him the penalty for
twelve (12) years of prison mayor, as minimum, to twenty (20) years of each offense.”
reclusion temporal, as maximum. He is also ordered to pay "AAA" the amounts
of P30,000.00 as civil indemnity, P30,000.00 as moral damages, and
P30,000.00 as exemplary damages. "AAA" is entitled to an interest on all
AMENDMENT OR SUBSTITUTION (Section 14, Rule 110)
damages awarded at the legal rate of 6% per annum from the date of finality
of this judgment until fully paid. - A complaint or information may be amended, in form or in substance
which may be made before or after the accused enters his plea or
Application of Rule 110 Sec. 12 in the case presented:
during the trial.
Justice Del Castillo withhold the name of the rape victim and used a fictitious
initials to represent her which is “AAA”.
AMENDMENT BEFORE PLEA
DUPLICITY OF OFFENSE (Section 13 Rule 110)
- Can be amended without leave of court.”
General Rule:
Exception:
“a complaint or information must contain only one offense.”
When Leave of Court is required before plea in the following:
Exception:
- Amendment intended to downgrade the nature of the offense in; and
“when the law prescribes a single punishment for various offenses.” - or excludes any accused from the complaint or information.

WHEN THE INFORMATION OR COMPLAINT CONTAIN MORE THAN ONE This requires the following:
OFFENSE
- motion by the prosecutor;
- notice to the offended party; and
- Under Sec. 3 of Rule 120, the accused must object to it before trial.
- with leave of court.
- Failure to object the court the court may convict the accused for as
many offenses as are charged and proved. RULES AS TO AMENDMENT AFTER PLEA AND DURING THE TRIAL.
People vs Tabio G.R. No. 179477, 6 February 2008 – “Failure of the accused to
Any formal amendment may only be made under two (2) conditions:
interpose an objection on the ground of duplicity of the offenses charged in the
information constitutes waiver.” - Leave of court must be secured; and
- The amendments does not cause prejudice to the right of the accused.

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In this stage only formal amendment is allowed, since the law makes Criminal action shall be instituted and tried in the court of the municipality or
reference to “formal amendment may only be made”. However, in the case of territory:
Ricarze v Court of Appeals, G.R. No. 160451, 9 February 2007, citing the case of
Matalam vs Sandiganbayan, 455 SCRA 736, states that “after arraignment, a - Where the offense is committed; or
substantial amendment is proscribed, except if the same is beneficial to the - Where any of its essential ingredients occurred.
accused.” EXEMPTION:

The following are mere formal amendments, Ricarze vs CA: The law provides an exemption to the rule that it is subject to existing laws,
such as written defamation.
- New allegations which relate only to the range of penalty;
- Does not charge another offense separate or distinct from that Whether committed by a private or public officer, the complaint may be filed
charged in the original; with the RTC of the place where such libelous article is printed and first
- Additional allegations which do not alter the prosecution’s theory of
published.
the case so as to cause surprise to the accused or affect the form of
defense he has or will assume;
- Does not adversely affect any substantial right of the accused; and
- Which merely adds specification to eliminate vagueness in the RULE WHERE OFFENSE I COMMITTED IN A TRAIN, AIRCRAFT OR VEHICLE
information and not to introduce new and material facts, and merely
states with additional precision something which is already Criminal Action shall be instituted and tried in court of any municipality or
contained in the original information and which adds nothing territory:
essential for conviction for the crime charged.
- Where such train, aircraft, or other vehicle passed during its trip,
Substitution of the offense, when to be made:
including the place of its departure and arrival.
- If it appears at any time before judgement that a mistake has been This rule only applies when the offense is committed in the course of the trip
made in charging the proper offense, the court shall dismiss the of the above mentioned vehicles.
original complaint or information upon filing of a new one charging
the proper offense.

Exception:
RULE WHERE OFFNESE IS COMMITTED ON BOARD A VESSEL
- When the accused will be placed in double jeopardy. Criminal Action shall be instituted and tried in:

- The court of the first port of entry;

PLACE WHERE ACTION IS TO BE INSTITUTED (SECTION 15, RULE 110) - The municipality or territory where the vessel passed during is
voyage.
GENERAL RULE:
This rule applies when the offense is committed during the voyage of the
vessel and is subject to the general accepted principles of international law.

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RULE WHEN THE OFFENSE IS COVERED BY ARTICLE 2 OF THE RPC

General Rule

Crimes committed outside the Philippines but punishable under Article 2 of

the RPC:

- Shall be cognizable by the court where the criminal action is first

filed.

Exemption:

When it is provided in the treaties and laws of preferential application.

INTERVENTION OF THE OFFENDED PARTY IN CRIMINAL ACTION (Section

16, Rule 110)

GENERAL RULE

- Every person criminally liable for a felony is also civilly liable (Article
100 RPC).
- When criminal action is instituted the civil action for the recovery of
civil liability arising from the offense charged shall be deemed
instituted (Rule 111)

EXCEPTION

- Unless the offended party waives the civil action;

- Reserves the right to institute it separately; or
- Institutes the civil action prior to the criminal action.

It is because of the existence of a civil liability involved in a crime, that the

offended party is allowed to intervene in the prosecution of the offense.

by virtue of Sec. 16 or Rule 10 in relation to Sec. 1 of Rule 111, for the

offended party to acquire the right to intervene in the prosecution of the
offense, it is necessary that the civil action for the recovery of the civil liability
instituted with the criminal action. (Riano page 75 Criminal Procedure the Bar
Lecture Series)

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