CRIMINAL PROCEDURE May a minor file a complaint for seduction, abduction, or acts of

lasciviousness?
PRINCIPLE OF ADHERENCE GENERAL RULE EXCEPTIONS
GENERAL RULE EXCEPTIONS Yes, the offended party, even if 1. Incompetent; or
 once jurisdiction is vested  subsequent statute changing the jurisdiction of a a minor, has the right to initiate 2. Incapable of doing so
in the court, it is retained court is given retroactive effect, it can divest a the prosecution of such offenses
up to the end of litigation court of jurisdiction over cases already pending independently of his parents,
before it before the effectivity of the statute. grandparents or guardian

ESTOPPEL May criminal prosecutions be enjoined?

GENERAL RULE EXCEPTIONS GENERAL RULE EXCEPTIONS
 if under the law the court  when there is estoppel by laches to bar attacks No. Public interest 1. To afford adequate protection to constitutional rights of
has no jurisdiction over on jurisdiction. requires that the accused
the subject matter, it criminal acts must 2. When necessary for the orderly administration of justice
cannot take cognizance of be immediately or to avoid oppression or multiplicity of actions
the case, notwithstanding investigated and 3. Where there is a prejudicial question which is subjudice
the silence or prosecuted for the 4. When the acts of the officer are without or in excess of
acquiescence of the protection of authority
accused. society. 5. Where the prosecution is under an invalid law,
ordinance, or regulation
CERTIORARI 6. When double jeopardy is clearly apparent
GENERAL RULE EXCEPTIONS 7. Where the court had no jurisdiction over the offense
 Certiorari is unavailing 1. when public welfare and the advancement of 8. Where it is a case of persecution rather than
where the appeal period public policy dictates prosecution
has elapsed 2. when the broader intertest of justice so requires 9. Where the charges are manifestly false and motivated
3. when the writs issued are null and void by the lust for vengeance
4. when the questioned order amounts to an 10. When there is clearly no prima facie case against the
oppressive exercise of judicial authority accused and a motion to quash on that ground has
been denied
CERTIORARI 11. Preliminary injunction has been issued by the Supreme
GENERAL RULE EXCEPTIONS Court to prevent the threatened unlawful arrest of
 Certiorari is unavailing 5. when public welfare and the advancement of petitioners.
where the appeal period public policy dictates
has elapsed 6. when the broader intertest of justice so requires Does the subsequent marriage of the accused and offended party extinguish
7. when the writs issued are null and void the criminal liability?
8. when the questioned order amounts to an GENERAL RULE EXCEPTIONS
oppressive exercise of judicial authority subsequent marriage between a. Where the marriage was invalid or
the party and the accused, even contracted in bad faith in order to escape
Are all crimes initiated by a complaint or information filed by the after the filing of the complaint, criminal liability;
prosecutor? extinguishes the criminal b. In “private libel” or the libelous imputation
GENERAL RULE EXCEPTIONS liability of the latter, together of the commission of the crimes of
YES Private crimes which may only be prosecuted by a with that of the co-principals, concubinage, adultery, seduction,
complaint filed by the private offended party, accomplices and accessories abduction, rape or acts of lasciviousness
1. Concubinage and in slander by deed;
2. Adultery c. In multiple rape, in so far as the other
3. Seduction accused in the other acts of rape
4. Abduction committed by them are concerned.
5. Defamation
6. Acts of lasciviousness
 Can the offended party intervene in the criminal action? 5. 5. Crimes of which another offenses is an
GENERAL RULE EXCEPTIONS ingredient
offended party has the right to a. From the nature of the crime and the law
intervene by counsel in the defining or punishing it, no civil liability Where should a criminal action be instituted?
prosecution of the criminal arises in favor of the offended party, e.g. GENERAL RULE EXCEPTIONS
action where the civil action for sedition, rebellion, treason (crimes against criminal action shall 1. An offense was committed on a railroad train, in an
the recovery of civil liability is national security); be instituted and aircraft, or in any other public or private vehicle in
instituted in the criminal action b. 2. The offended party waived the right to tried in the court of the course of trip – the criminal action may be
pursuant to Rule 111 civil indemnity; or the municipality or instituted and tried in the court of any municipality or
c. 3. The offended party had already territory where the territory where such train, aircraft or other vehicle
instituted separate action.. offense was passed during such trip, including the place of
committed or any departure and arrival;
Who may prosecute criminal actions? of its essential 2. Where the offense is committed on board a vessel
GENERAL RULE EXCEPTIONS ingredients on its voyage – the criminal action may be instituted
PUBLIC PROSECUTOR shall private prosecutor (private counsel) may occurred. and tried in the proper court of the first port of entry
prosecute, direct and control all prosecute the case in the event and or of any municipality or territory through which the
criminal actions commenced by provided that: vessel passed during such voyage subject to the
a complaint or information. 1. The public prosecutor has heavy work generally accepted principles of international law;
schedule; or 3. Felonies under Art. 2 of the RPC – shall be
2. There is lack of public prosecutors; cognizable by the proper court where the criminal action
3. The private prosecutor must be authorized was first filed (pars. b, c and d, Sec. 15);
in writing by the Chief Prosecution Office or 4. Continuous or transitory crimes – such offenses may
Regional State Prosecutor; be tried by the court of any jurisdiction wherever the
4. Such will be subject to the court’s approval. offender may be found, but the complainant should
allege that the offense was committed within the
When can a complaint or information be amended? jurisdiction of the court
BEFORE PLEA AFTER PLEA 5. Piracy – the venue of piracy, unlike all other crimes,
can be amended in form or in substance only formal amendments may has no territorial limits. It is triable anywhere;
without leave of court, except if the be made only with leave of 6. Libel – the action may be instituted at the election of
amendment will downgrade the offense or court and when it can be done the offended or suing party in the municipality or city
drop an accused from the complaint or without causing prejudice to where:
information. the rights of the accused. a. the libellous article is printed and first published;
b. If one of the offended parties is a private individual,
REQUISITES:
where said private individual actually resides at the
1. must be made upon motion of the
time of the commission of the offense;
prosecutor
c. If the offended party is a public official, where the
2. with notice to the offended party
latter holds office at the time of the commission of
3. with leave of court
the offense.
4. the court must state its reason in resolving
7. B.P. 22 cases – the criminal action shall be filed at the
the motion
place where the check was dishonored or issued. In case of
5. copies of the resolution should be crossed check, the place of the depositary or the collecting
furnished all parties, especially the
bank.
offended party

DUPLICITY RULE
GENERAL RULE EXCEPTIONS
A complaint or information must 1. Complex crimes;
charge only one offense. 2. Special complex crimes;
3. Continuous crimes or delicto continuado;
4. Crimes susceptible of being committed in
various modes;
 PROSECUTION OF CIVIL ACTION imprisonment of at least 4 yrs., 2 months
and 1 day. 2. For cases requiring preliminary
GENERAL RULE EXCEPTIONS investigation, when a person is lawfully
When a criminal action is instituted, the not deemed instituted in the following arrested without a warrant provided that
civil action for the recovery of the civil cases: inquest was made in accordance with
liability arising from the offense charged 1. When the offended party has Rule 112
under Article 100 of the RPC shall be waived the civil action
deemed instituted with the criminal 2. When the offended party has MODE OF ARREST Exception to the rule on giving
action reserved the right to institute it information
separately Arrest by officer by virtue of a warrant (Sec. 7)
3. When the offended party has The officer shall inform the person to be
instituted the civil action prior to arrested the cause of the arrest and 1. When the person to be arrested
the institution of the criminal action the fact that the warrant has been flees;
issued for his arrest. 2. When he forcibly resists before the
Note: The officer need not have the officer has an opportunity to
warrant in his possession at the time inform him; and
Extinction of the penal action carry with it the extinction of the civil action? of the arrest but must show the same 3. When the giving of such information
GENERAL RULE EXCEPTIONS after the arrest, if the person arrested will imperil the arrest.
extinction of the penal action does not finding in a final judgment in the criminal so requires.
extinguish the civil action. action that the act or omission from Arrest by officer without a warrant (Sec. 8)
which the civil liability might arise did not The officer shall inform the person to be
exist arrested of his authority and the 1. when the person to be arrested is
cause of the arrest w/out a warrant engaged in the commission of an
EFFECT OF DEATH OF THE ACCUSED OR CONVICT ON CIVIL ACTION offense or is pursued
1. After arraignment and 2. Before arraignment 3. Pending appeal immediately its commission;
during the pendency of 2. when he has escaped, flees, or
the criminal action forcibly resists before the officer
General rule: offended party may file a. Civil liability arising has an opportunity to so inform
The civil liability of the the civil action against the from the crime is him; and
accused based on the estate of the deceased extinguished 3. when the giving of such information
crime is extinguished. will imperil the arrest.
b. Civil liability predicated
Exception from another source Arrest by a private person (Sec. 9)
a. Independent civil action survives i.e. civil liability The private person shall inform the person 1. when the person to be arrested is
based on Arts. 32 33, arising from law, to be arrested of the intention to engaged in the commission of an
34 and 2176 of the contracts, quasi-contract arrest him and the cause of the offense or is pursued immediately its
Civil Code; and and quasi-delic arrest. commission;
b. Civil liability predicated Note: Private person must deliver the 2. when he has escaped, flees, Or
on other sources of arrested person to the nearest police forcibly resists before the officer
obligations, i.e. law, station or jail, otherwise, he may be has an opportunity to so inform
contract, and quasi- held criminally liable for illegal him; and
contract, which is detention. 3. when the giving of such information
subsequently will imperil the arrest.
instituted;

When is preliminary investigation required to be conducted? WHEN IS A MATTER OF RIGHT: bail

GENERAL RULE EXCEPTIONS In the MTC, it is a matter of right before or after conviction, regardless of the
Before the filing of a complaint or 1. Where an information or complaint is offense.
information for an offense where the filed pursuant to Sec. 7, Rule 112, i.e. GENERAL RULE EXCEPTIONS
penalty prescribed by law is the complaint or information is filed
directly in court (Sec. 1)
 In the RTC, it is a matter of right
offenses punishable by death, reclusion
before conviction perpetua, or life sentence and the evidence of
guilt is strong, in which case it is discretionary
Is capital offense bailable?
GENERAL RULE EXCEPTIONS
NOT bailable when evidence of the accused charged with the capital offense is
guilt is strong a minor

Instances when accused may be released on recognizance without posting bail

or on reduced bail.

ON REDUCED BAIL 1. The offense charged is a violation of an ordinance,

OR ON HIS OWN light felony, or a criminal offense the imposable
RECOGNIZANCE penalty thereof does not exceed 6 months of
imprisonment and/ or fine of P2,000 under RA
6036.
2. Where a person has been in custody for a period
equal to or more than the minimum of the
imposable principal penalty without application of
the Indeterminate Sentence Law or any modifying
circumstances, in which case the court, in its
discretion may allow his release on his own
recognizance.
3. Where the accused has applied for probation
pending resolution of the case but no bail was filed
or the accused is incapable of filing one.
4. In case of youthful offender held for physical and
mental examination, trial or appeal if he is unable to
furnish bail and under
UNDER THE GR: NO bail
REVISED RULES XPNs:
ON SUMMARY 1.When a warrant of arrest is issued for failure to
PROCEDURE appear when required by the court;
2.When the accused:
a.is a recidivist;
b.is a fugitive from justice;
c.is charged with physical injuries;
d.does not reside in the place where the violation
of the law or the ordinance is committed; or he
has no known residence.