RULE 110 PROSECUTION OF OFFENSES

 How are criminal actions instituted?

Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the MTC or the complaint with the office
of the prosecutor.

 What is the effect of the institution of the criminal action on the period of prescription of the offense?

The institution of the criminal action shall interrupt the running of the period of prescription of the offense unless
otherwise provided in special laws. The rule does not apply to violations of municipal ordinances and special laws.
The prescriptive periods for violations of special laws are interrupted only by the institution of judicial proceedings
for their investigation and punishment, while violations of municipal ordinances prescribe after two months.

 Distinguish “institution” from “commencement” of an action.

For offenses which require a preliminary investigation, the criminal action is instituted by filing the complaint for
preliminary investigation. The criminal action is commenced when the complaint or information is filed in court.

 Can the offended party go directly to court to file a criminal action?

No. Before a complaint is filed in court, there should have been a confrontation between the parties before the Lupon
chairman. The Lupon secretary must certify that no conciliation or settlement was reached, attested to by the Lupon
chairman. The complaint may also be filed if the settlement is repudiated by the parties.

 Are there exceptions when the parties may go directly to court?

1. Where the accused is under detention

2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings
3. Where actions are coupled with provisional remedies
4. Where the action may be barred by the statute of limitations

 When are amicable settlements not allowed?

1. Where one party is the government

2. Where one party is a public officer or employee and the dispute relates to the performance of his official
functions
3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000
4. Where there is no private offended party
5. Where the dispute involves real properties located in different cities or municipalities
6. Disputes involving parties who reside in different barangays, cities, or municipalities
7. Other cases which the President may determine in the interest of justice or upon the recommendation of
the Secretary of Justice.