Criminal Procedure

- A method prescribed by law for the apprehension and prosecution of persons accuse of
any criminal offense and for their punishment in case of conviction
- As part of rules of court it is in criminal procedure wherein the rules applied in prosecution
of criminal cases

In criminal cases we also have jurisdiction

- Jurisdiction – authority of court to hear and decide cases
What are the elements of jurisdiction in criminal cases?
1. Nature of the offense and or the penalty attached thereto because if you know the nature of
the offense, you will know what particular court you will file a criminal case.
- Under BP 129 as amended by RA 7691 (Expanded Jurisdiction)
o An enumeration of criminal cases covered by certain courts from the first level up to
the second level courts including cases cognizable by the Sandiganbayan, Court of
Tax Appeals, etc.
- Nature of the offense
o Crime committed
o If we say that a particular accused committed the crime of homicide just by knowing
the nature of the offense you already know where the case should be filed
 RTC because just by the nature itself homicide and court penalty. What is the
penalty? Reclusion Temporal
 If case is punishable by 12 years and 1 day to 20 years it is under the
jurisdiction of RTC because not just the nature but also the penalty attach to
1 Criminal Procedure
the offense
o One day is very important because it would separate a jurisdiction between1st level
to 2nd level courts.
o The maximum penalty wherein the 1st level courts can take cognizance criminal
cases is only up to 6 years but 6 years and 1 day is under the jurisdiction already of
2nd level courts
 EXCEPT cases wherein minor is involved because even if the penalty of the
case is lower than 6 years the case may be filed in the RTC if one of the
accuse or one of the offended party is a minor it will be filed in the RTC
particularly in the Family courts because of the nature of the offense provided
in the Family Code
2. The fact that the offense is committed within the territorial jurisdiction of the court.
- Each court has defined under BP 129 each respective territorial jurisdiction
- So all cases committed by the accuse within the jurisdiction of the RTC of Maasin will be
filed at RTC Maasin
- So what is the coverage of RTC Maasin?
o City of Maasin, Macrohon, Limasawa, Padre Burgos, Malitbog and Tomas Oppus
- On the other hand if the case is cognizable by the 1 st level courts it is also the territorial
jurisdiction of 1st level courts
- Also when you file cases, you make sure that you include all the elements of the offense in
the information because it might be dismissed
- Territorial jurisdiction of the courts considering the Supreme court or BP 129 has already
defined the jurisdiction because we already have court assignments
 How about the venue in criminal cases
- What is the difference between venue and jurisdiction?
o Jurisdiction – authority of the court to hear and decide cases
o Venue – Place where the trial is held
- In criminal cases venue is the same as jurisdiction because venue is an essential element
of jurisdiction in criminal cases, it determines not only the place where the criminal action
was instituted but also the court that has jurisdiction to try and hear the case
- The reason for this is 2 fold
1. The jurisdiction of trial court is limited to well defined territories such that a trial court can
only hear and try cases involving crimes committed within its territorial jurisdiction
2. Laying the venue in the locus criminis is grounded on the necessity and justice of
having an accused on trial in the municipality of province where witnesses and other
facilities for his defense are available
- But there are instances that venue of criminal cases are transferred
o It is transfer of venue but it is heard by the court with jurisdiction of the cases
o Ex. RTC in Mindanao has jurisdiction in 2 ways the territorial jurisdiction because
that was committed there in particular are in Mindanao and RTC because it is
contestable there because the case is for example murder if venue was transferred
to Manila the court that will hear the case will be RTC because RTC has jurisdiction
over the case only that the venue was transferred
o But and pag transfer sa venue is not just the whims and caprices of the parties, you
have to ask authority from the Supreme Court
o So the transfer of venue needs approval from Supreme Court because if you are not
2 Criminal Procedure
given that authority then you cannot transfer the authority
o Take note that the court that will take has also jurisdiction
 Ex. There was an accuse in Maasin charge murder, the accuse went into
hiding went to Manila, 20 years later he happened to kill another person in
Manila convicted in Manila. Hapit na sya maka apply ug parole kay and
decision does not specifically states that he is disqualified. So when you apply
for parole you need to have certification that you have no pending cases but it
so happens nakit-an sa NBI ang case niya sa Maasin. He was already
convicted with another case in Manila. So the judge in Manila let the authority
investigate the witnesses in Maasin to see if the case is still open, however,
witnesses are already dead, requested a trial but take note he is already a
convict. What will you do if you are counsel of the accused?
 You asked for authority from Supreme Court that the venue of the case
will be transferred to RTC nearest to the new Bilibid prison so that the
accuse can be brought by personnel of prison to the nearest RTC
 So it happens that the authority was granted, there was already an en
banc order decision of SC given due course that the request that case
will be transferred to RTC Manila
o Witnesses are subpoenad nobody appears case is dismissed
o Either parties can request for change of venue

What are the requisites of the court to exercise the criminal jurisdiction?
 1. The court must have jurisdiction over the subject matter
a. Definition and penalties that defines jurisdictions of courts but there are also rights that
although the penalty is cognizable in RTC this cases are filed in Sandiganbayan if the
accuse or one of the accuse has a Salary Grade of 27 and above and even if the co-
accuse there is lower than 27 if the principal accuse is 27 above all of them will be tried
in Sandiganbayan
2. Jurisdiction over territory where offense was committed
3. It must have jurisdiction over the person of accused
a. When does the court acquire jurisdiction over the person of accused?
o Upon arrest
o Voluntary surrender of accused
- The court may have acquire the jurisdiction of the nature of the offense as well as the
territorial jurisdiction of the case but if the court has not yet acquire the jurisdiction of the
person of the accuse the case cannot be able to proceed
- For example you are accused of homicide case, you committed the case in Macrohon the
case was filed in Maasin upon not knowing that the case has been filed you are subpoenad
by the office of prosecutor for you to submit your counter affidavit but you fail, the case was
filed. After the judge reviewed, the judge issued warrant of arrest. You went to lawyer and
ask for legal assistance. Your lawyer file petition to reduce the bond from 40,000 to 20,000.
If you are the judge, will you grant or deny the petition?
o If I were the judge I will deny the petition. Why? Because the court has not yet
acquired the jurisdiction over the person of the accused. Dapat mag surrender ka
3 Criminal Procedure
muna before filing a petition to reduce a bond.
o You still have no personality in the court if the court has not yet acquired jurisdiction
over the person. The only instance where the court can acquire jurisdiction if
arresting.
o You already know that there is a warrant of arrest and then you want the bail to be
reduced. Lawyer will talked to the clerk of court if the case can be scheduled this
morning to be inserted. The clerk of court will talk to judge if we can insert the
motion, the accuse will surrender, the clerk of court will ask certificate from police na
nag surrender ang accused, if the motion is inserted the judge will grant order. One
way na di ka ma priso
o If you do not file a motion to reduce bail then you just pay the exact amount of bail
o There must always be a hearing, unlike before the court can accept a motion to
reduce bail while there is only an intention by the prosecutor, no objection. Now no
more.
o In any action that you do just follow the five limitations:
 Must not be contrary to morals, customs, law, public order and public policy

Jurisdiction of the Different Courts

What are the cases in which Municipal Trial Courts or Municipal Circuit Trial Courts, Municipal Trial
Courts in cities and Metropolitan Trial court?
- You call these first level courts
- Exclusive jurisdiction
 o Offenses punishable of imprisonment not exceeding 6 years irrespective of the
amount of the fine and regardless of other imposable, accessory or other penalty,
including civil liability arising from such offenses thereon, irrespective of kind,
nature, value, or amount thereof.
 EXCEPTION: cases falling within the jurisdiction of the RTC and
Sandiganbayan ex. Family Courts even if the penalty is below 6 years, if there
is minor there, RTC. Also even if the penalty is not more than 6 years but on
the accuse has SG 27, Sandiganbayan.
o Where the only penalty is provided by law is a fine not more than 4000 pesos
 Admin Circular 09-90
o Offenses involving damage to property through criminal negligence regardless of
the value of the property.
 Reckless imprudence cases resulting to damage to property
o Those covered by the rules of summary procedure. All cases covered by the
rules of summary procedure are within the exclusive jurisdiction of first level
courts.
 Violation of Traffic law, rules and regulations
 Violation of the rental law
 Violation of municipal or city ordinances
 Violation of BP blg 22
- Before the bail recommended was 2000 pesos however because
AM-00-11-01-SC no more bail for BP 22 cases you only have to file
counter affidavit
4 Criminal Procedure
o All other criminal cases where the penalties are imprisonment not exceeding 6
months
- So if you will look at the crimes there defined by RPC if the penalty is not
more than 6 mos then it is covered by rules of summary procedure and or a
fine of 1000 pesos irrespective or other penalties or civil liabilities arising
therefrom
o offenses involving to damage of property through criminal negligence wherein the
imposable fine does not exceed 10000 pesos

The first level courts has also SPECIAL Jurisdictions:

- on application for bail in case the RTC judge in the province or city is absent
for example the charge of homicide in RTC Maasin and both judges are attending seminars
then the accuse can post bail in MTC in the exercise of its special jurisdiction to approve the
bail even if the case is not within jurisdiction of court.

Regional Trial Courts – or the Second Level courts

The exclusive jurisdiction of RTC In the following cases:

 Criminal cases not within the exclusive jurisdiction of any court, tribunal or body except falling
under the exclusive jurisdiction of the Sandiganbayan
o RTC considered court of general jurisdiction
 Offenses with imposable penalty exceeds 6 years
  In cases the penalty is exceeding 4,000
 Criminal cases under the specific law like written defamation, drug cases, violation of
intellectual property, environmental torts because they are specifically designated to RTC
 All cases involving money laundering except all cases falling in the jurisdiction of the
Sandiganbayan

RTC also can be designated as a special court for family cases.

Family courts have exclusive jurisdiction over

 family criminal cases if one or more of the accuse is/are below 18 years old but not below 9
years of age.
 Second, when one of the victims is a minor at the time of the commission of an offense
Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain
any civil liability which the accused may have incurred.

Nganong ni ingon man diri na one of the minor is below 18 years of age but not
less than 9 years old? Kay wala may criminal liability and below 9 years old. However
sa second when one of the victims is a minor at the tie of commission sa offense, walay
specific na age because even if you’re 5 years old and you are a victim the case can be
filed against somebody.
 Cases against minor cognizable in Dangerous Drugs Act
5
 Violation of RA 7610 Criminal Procedure
 Cases of Domestic Violence against women and children

Sandiganbayan –
 Violation of 3019 – Graft and Corruption
 Violation of RA 1379

 Bribery Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more
of the accused are officials occupying the following positions in the government, whether in a
permanent, acting or interim capacity, at the time of the commission of the offense. Officials of
the executive branch occupying the positions of regional director and higher, otherwise
classified as Grade ’27’ and higher, of the Compensation and Position Classification Act of
1989 (Republic Act No. 6758. 2) Members of Congress and officials thereof classified as
Grade ’27’ and higher under the Compensation and Position Classification Act of 1989;"(3)
Members of the judiciary without prejudice to the provisions of the Constitution;"(4) Chairmen
and members of the Constitutional Commissions, without prejudice to the provisions of the
Constitution; and"(5) All other national and local officials classified as Grade ’27’ and higher
under the Compensation and Position Classification Act of 1989 .

o Administrative matters relating to a member of a judiciary it is within the jurisdiction of a

court administrator but if criminal cases adto na sa Sandiganbayan basta SG 27 above

o Take note that it is not only the salary grade that determines the jurisdiction of
Sandiganbayan
  "b. Other offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection a. of this section in relation to their
office.

 "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986.

 Money laundering cases committed by public officers and private persons

Appellate Jurisdiction of RTC

- Cases decided in MTC can be filed to RTC
Exclusive Jurisdiction
- Crime of terrorism under Human Security Act of 2007
Concurrent jurisdiction of SC – Petition of Certiorari, Prohibition of Mandamus against RTC

Appellate jurisdiction of Court of Appeals

- Notice of update from the RTC
- And Also from RTC if the penalty imposed is Reclusion Perpetua

If reclusion perpetua lang ang penalty you can elevate it by filing notice of appeal within 15 days from
promulgation. If the penalty is death that is automatic review.

Basta light offenses no need to promulgate.

6 Supreme Court Criminal Procedure

- Exclusive Original jurisdiction – petition for Certiorari, prohibition for mandamus against the
court of appeals and sandiganbayan
- also concurrent jurisdiction with the CA and RTC over petition for certiorari, prohibition for
mandamus against the MTC
- Appellate Jurisdiction for Petition for review on certiorari from the CA, Sandiganbayan and
RTC where only an error or question of law is involved
- Take note that when the punishment imposed is reclusion perpetua, life imprisonment appeals
should be made to the CA

The Rules of Court in Criminal Procedure is Rulle 110 – 127. It was revised and took effect on
December 1, 2000.

Rule 110

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule
112, 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 Municipal
Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the
prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office
of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the
offense charged unless otherwise provided in special laws.

1. Preliminary Investigation - It is that stage when the prosecutor checks the evidences presented
by the parties and rules whether there are probable cause in filing the case to the courts.

You file the complaint to the proper officer for PI, who is then the proper officer? Officers authorized
by law to conduct a PI. It includes the provincial or city prosecutor, the national or regional state
prosecutor of the DOJ, the ombudsman, with respect to the cases under the jurisdiction of the
Sandiganbayan and the Chief Legal Officer of the Comelec with respect to Election offenses. Also
includes judges of Municipal Trial Court and Municipal Circuit Trial Court who were authorized to
conduct preliminary investigation.

But now in the present, MTC judges cannot anymore conduct preliminary investigation. So if you
have a complaint file it directly to the prosecutor or through the police officers who are the one who
will collect the evidences, affidavits and file it to prosecutor office in cases under the jurisdiction of
prosecutor, if Sandiganbayan then file it to Sandiganbayan.

What is a complaint?
7 It refers to a complaint affidavit of complainant stating the known address ofCriminal Procedure
the respondents
and the facts constituting the offense accompanied by affidavit of witnesses as well as others
supporting documents which are sworn to before a prosecutor or a government official authorized on
the absence or unavailability of notary public who must certify that it personally examined the
compliance that it was satisfied that they voluntarily executed and understood their affidavit.

Crimes that mandated PI

- Only offenses that the penalty is 4 years 2 months and 1 day is mandate to undergo PI if dili
gani directly file it to court (also called direct filing)

Only the prosecutor can prepare an information.

Complaint = Direct filing to police officer

Information = File it to the prosecutor

2. Naay uban na even if the penalty is less than 421, still they file it at the prosecutor’s office and
it is now the prerogative of the public prosecutor whether or not to conduct PI. Then the public
prosecutor can immediately file an information.

Even if the penalty is less than 421 and it is the public prosecutor who files a case the term used
is information.

In Manila which is a chartered city or another chartered city the complaint should be filed in the
prosecutor unless otherwise provided in charter. (EXCEPTION) No direct filing sa court, all must
be filed to the prosecutors office.
 Interruption of the running of the prescriptive period: There are cases which have prescriptive period.

Criminal cases na mo agi sa barangay – all cases punishable of imprisonment of not more than 1
year. Even if it is covered by criminal procedure as long as the penalty does not exceed 1 year it is
mandatory that case should undergo barangay conciliation provided again that you look into the
residences of parties. If they reside in the same cities and municipalities, you file the case in the
barangay where the accuse or respondent resided. If there is different city or municipality no need to
undergo barangay conciliation you can directly file either to the courts if the penalty is not more than
421. However, the court cannot say if the parties want the case to be settled even if they reside in
different cities they can still settle.

When you file a complaint in the barangay because 20 days after the barangay official take oath they
are required to submit to the DILG the names of the members of the Lupon. Ang procedure ana is
mediation muna headed by the brgy chairman being the chairman of the lupon within 15 days for 3
hearings. If dili ma settle sa barangay the parties may have to select which of the members sa lupon
to settle them. Ang kadtong members sa lupon na giselect ang tawag na nila is Pangkat ng
Tagapagkasundo. Pangkat will now select the chairman and the secretary. If parties still cannot settle
then the Pangkat now will issue a certificate complied action signed by the chairman and noted by the
lupon chairman which is also the barangay chairman. That is now the time na pwede naka maka file
but for example if you file a case without resulting to Brgy. Conciliation which is required by the law,
can the court dismissed the case immediately? Yes but dismissal is without prejudice because the
reason of the dismissal is merely failure to comply with a condition precedent . However, for example
you have a case without complying condition precedent that is required by law and the court did not
dismiss it, then the court issues a summon to accuse and the accuse file an answer and thereafter
8 the case was set for pre-trial, so the accuse before arraignment can move for dismissalCriminalofProcedure
the case
because of failure to comply a condition precedent. Supposing again the accuse fail to move for the
dismissal, was arraigned, and participate the legal trial, court submit decision, accuse convicted,
accuse file a notice of appeal to RTC because of non-compliance to prior recourse of barangay
conciliation, if you were RTC judge will you grant the appeal and dismiss the case? No, because he
participated. Jurisdiction can be questioned at any time but if it can be shown that you actively
participated it means that you waived your right to question jurisdiction.

So what are the 2 ways that criminal actions are instituted?

1. By filing the proper requisite before a proper officer for the purpose of conducting a preliminary
investigation. Those cases requiring preliminary investigation, what is the general rule? Not
less than 4 years 2 months and 1 day.
2. By filing the complaint or information directly to the Municipal Trial Court and Municipal Circuit
Trial Court

What do you mean by direct filing?

Doesn’t need the criminal investigation. No need of preliminary investigation

Who are the persons authorize to file directly to courts?

Private complainant or the police officers through the Chief of Police.

May the Chief of Police prosecute a case?

As I’ve said the private complainant and the police officers can file directly to the court
therefore if the Chief of Police can file directly in the court then necessarily the Chief of Police also
 can prosecute that case. In the absence of the public prosecutor the COP can prosecute a case in
first level courts. All of the cases filed in the office of the PNP. The ones that are directly filed by the
police if the prosecutor is absent and the case was directly filed by the police the COP can prosecute
that case in the first level courts.

What the rules said that the power to prosecute lies in the public prosecutor there is no specific
prohibition as to the COP to prosecute a case in the first level courts.
Limitations: Only with respect to the cases filed in the first level courts and only those cases
directly file to the courts. Meaning to say those cases that requires preliminary investigation, the COP
cannot prosecute the case. The authority is only with the Public Prosecutor. For example those case
covered by the rules on summary procedure, most cases are directly filed to court by the COP. The
COP can prosecute ONLY in the absence of the prosecutor. Because if there is the PP the police
officer need not prosecute the case.

Usually if the case is filed directly by the police officers, it is only during arraignment that PP
gets to know about the case. However, because of the implementation of the rules and guidelines on
continuous trial the prosecutor has to amend that case or that complaint for the arraignment and must
conduct preliminary conference and pre-trial conference.

Preliminary Conference is the term used in the conduct of those cases governed by the Rules on
Summary Procedure but those cases under the regular procedure the term used is the Pre-Trial
Conference.

In Metro Manila and other chartered cities the complaint shall be filed in the office of the prosecutor
unless otherwise provided by the charter. It means that even if the case is filed by complainant in the
9 Criminal
office of the COP, the COP cannot file directly to courts even if it is covered by rules on Procedure
summary
procedure. (IN MANILA and CHARTERED CITIES) all cases must pass through to the office of the
public prosecutor. That is the exception. Unless provided in the chartered cities that the filing is
directly allowed. Another exception also.

Article 90 of the RPC. What are the periods of prescription?

Reclusion temporal – 12 yrs 1 day to 20 years
If penalty is Reclusion Temporal and above, what is the prescription period? – 20 years
Afflictive penalties – prescribe in 15 years
Correctional penalties – 10 years
Arresto Mayor – 5 years

Crime of Libel and other civil offenses prescribe in 1 year

Oral Defamation and Slander by deeds – 6 months

Light offenses- 2 months

What do you understand of Institution of Criminal Action?

By filing of the case before the prosecutor’s office.

Unless otherwise provided by special law – because there are also prescriptive period to other that
are provided in special laws other than those provided in RPC

Act No. 3323 – there is a specific prescriptive period in certain special laws.
 When we say institution of criminal action – it refers to the institution of the action before the office of
the prosecutor

How about the cases that can be filed directly? How will you compute the prescriptive period? – shall
be reckon from the date of the filing of the case before the office.
Now supposing you are a defense council then the accused was charge with oral defamation, and
that offense was allegedly committed on Jan 1 2017. If you are a council for the accused?
File a motion to dismiss on the ground of prescription of the case provided in art 90 of RPC.

What are those cases referred in the Barangay Conciliation?

Criminal cases which the penalty does not exceed one year. Mandatory that it should undergo
barangay conciliation. Limitation: Only those living within the same municipality or city even that if
they reside in different barangay for as long as they reside in the same city or municipality . Because if
one the parties is not a resident in the same city and municipality then there is no need to the referral
of the case to the barangay, you can file it directly to the court as a part of the direct filing process.

What will be the effect if you file a case directly to court that requires barangay conciliation but you
directly file it to court?
The court may dismiss the case for failure to comply the condition precedent or the accuse
may move for the dismissal but the dismissal is without prejudice because after the condition is
complied you can refile the case. But again, observe the rules on the prescription, because it might
happen that the case is demanded back by the Barangay and then there is a prescriptive period.
Make sure that the referral does not go beyond the prescriptive period of that case.

For example, the court order its dismissal 1 month after, so the 1 month period will not run.it will run
10 again once remanded back to the Barangay. Criminal Procedure

If Complex Crimes – highest penalty shall be made the basis

SC: if the case is cognizable in the barangay is not referred by the chairman to the Pangkat. The
certificate to file action issued by the barangay is already substantial compliance.

Section 2. The Complaint or information. — The complaint or information shall be in writing, in the
name of the People of the Philippines and against all persons who appear to be responsible for the
offense involved

All criminal cases are titled People of the Philippines.

Distinction:
 Who signs the complaint? Private offended party, any peace officer or public officer charge
with the enforcement of the law. Who signs an information? Public prosecutor ALWAYS signs
an information

 In complaint, it must be under oath by the person signing it. With respect to information, it need
not be under oath since the prosecutor filing the information already acted under his office

 Where to file complaint? Under the court directly or office of the prosecutor. Information,
always filed with the court.
 A complaint is a sworn statement written charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.

Information – it is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and filed with the court.

Crime against chastity – private offenses

Why is rape not anymore considered as crime against chastity?

Crime against persons na sya because during that time na ang offended party dili mo
cooperate so if ma crimes against person na sya the police officer or the state can now prosecute the
case.

Filing of the complaint or information maybe one either by offended party or public prosecutor
depending on the case that is being filed.

Crimes against chastity, private offended party file a complaint before the courts and again the PP file
also information charging the same accuse. There are two cases now. One was denominated
complaint because the offended party is the one who signed it and the other one is denominated as
information because it was the public prosecutor who signed. In case there was a variant on the
allegations in the information as to the complaint. Which of the two will prevail? The complaint will
prevail. Because that is a private offense. (People v Mendez)

Crimes that cannot be prosecuted includes concubinage and adultery, seduction, abduction, acts of
11 lasciviousness. Criminal Procedure

In cases of concubinage and adultery who will initiate these case – offended spouse

Abduction, seduction and acts of lasciviousness – right to file case there is ranking
1. Offended party
2. Parents, Grandparents or legal guardian of the offended woman in that successive order only if
offended party is incompetent or not capable to sue
3. By the state pursuance to the doctrine of Parens Patriae when the offended party dies or
becomes incapacitated and no known parents, grandparents or guardian

SECTION 5:

All criminal actions commenced by a complaint or information shall be prosecuted under the direction
and control of the prosecutor. However in the MTC and MCTC with the prosecutor assigned the
prosecution to the offended party. In case the PP assigned is not available, the offended party can
actually prosecute the case. Any police officer or public officer charge in the enforcement of the law
violated may prosecute the case. These authority will cease upon the actual intervention of the
prosecutor or upon declaration of the RTC. (JUST CONTINUE TO READ SECTION 5, RULE 110)

Whether the minor fails to file a complaint, the parents, grandparent may continue to file the same.

(JUST CONTINUE TO READ SECTION 5, RULE 110, gibasa ra man ni Judge. LOL)

What aspect of the case can the private prosecutor prosecute?

 - if there is authority from public prosecutor to appear both criminal and civil aspect. If none,
civil aspect only

If you appear in the court and you will not get that authority from the PP, you will just manifest private
prosecutor appearing as council of the prosecution under the control and supervision of the public
prosecutor because it is only the PP who can prosecute the criminal aspect of the case and the role
of the private prosecutor is only with respect of the prosecution of the civil aspect.

How about those cases considered as victimless offenses?

But as private prosecutor, what is your role? Since no civil liability since it is a victimless
offense. You cannot as a rule prosecute a victimless offense, because the role of private prosecutor
is only with respect to the civil aspect of the offense.

May the prosecutor who appears in the lower court still appear in the appellate court or higher courts?
The function of the PP is only limited to the first and 2 nd level courts. Appeals before the CA or SC it
will already be the SOLGEN.

SOLGEN – legal counsel of the state. Lawyer of the people in the appellate court.

PP cannot appeal on that case unless there is an authority coming from the office of the SOLGEN.
That is why the prosecution is required to furnish copy to the office of SOLGEN and then the court will
furnish copy to order to SOLGEN so that the SOLGEN can authorize the public prosecutor to appear
for and in behalf of the SOLGEN.

Pursuant to E.O No. 1214 special cases tried by Sandiganbayan and Ombudsman, the case handled
12 was elevated to the SC, it is handled by SPECIAL PROSECUTOR of the office of theCriminal Procedure
ombudsman.

Supposing you file a case of Estafa in the Prosecutors office. After reviewing, he dismissed the case
because the case is more civil in nature than criminal. If you are the complainant who file, can you file
the case of Mandamus, against the prosecutor to compel the case of Estafa in the court? (Madamus
– to compel something to file the case) No because it is the discretion of the PP base on his
assessment of the case. However, you can elevate the case to the Regional State Prosecutor as the
case may be.

However, if there is already a case filed in court, may the prosecutor be compelled to prosecute the
case. Prosecutor refuses to prosecute the case for personal reasons? Yes because it is his duty.

The Revised guidelines on Continuous trial states that the prosecutor can use the affidavit or sworn
statement of the complainant or the witness with the authority for them to ask additional question to
supplement whatever is lacking in the affidavit or sworn statement.

SECTION 6

When can you say that the complaint or information is sufficient? (SECTION 6)

But if you cannot identify the name of the person just use John Doe.

Circular issued by the SC that when you file cases you need to state the middle name of the accused.
 The courts now are required to ask the names, surnames, aliases, birthday and addresses of the
accused.

If you are the prosecutor, make sure that you make a complaint or information it is already complete.
Incorporate all the elements of the crime because it can be a subject to a motion to dismiss. Because
it can be a violation of the right of the accuse which is a constitutional mandate.

Once arraignment of the case is done. You cannot anymore amend because it would be a violation of
the right of the accuse.

There are certain offenses that the time of the commission is not really that important. For as long as
the complainant stated what happened approximately can be successfully prosecuted

SECTION 7

Mao ni gi ingon ni Judge na John Doe.

Second par of section 7 – it will not alter the case. As long as the accuse will be identified by the
complainant or the witness.

Do not forget your witness to identify the accuse because it will cause dismissal of the case.

SECTION 8

You have to specify the qualifying and aggravating circumstances in the complaint because if you fail
13 to allege even if during trial you prove these circumstance, it cannot be use to increaseCriminalthe
Procedure
penalty
because it will be a violation of the right of the accuse to be informed of the nature of the accusation.

You can use the section or article in stating the offense.

Last paragraph of Section 1 of Rule 110, when we say institution of criminal action you look into the
kind of action that is being charged if it is covered by rules of summary procedures or by special laws
or by the regular procedure so if it is a regular procedure the filing of the complaint before the
prosecutor’s office interrupts the running of prescriptive period. However if it is covered by the rules of
summary procedure you look at Section 9 of the rules on summary procedure and also if it is covered
by special laws you look at Act 3326.

Now with respect to violations of municipal or city ordinances, what is the prescriptive period? 2
months. When is it interrupted? Only upon the filing of the complaint or information before the court, it
is not the filing with the office of the prosecutor that will interrupt the running period. Now if it is
covered by rules on summary procedure, take note that the violation of the city and municipal
ordinances is covered by the rules on summary procedure, the prescriptive period is 2 months it is
from the time of discovery of the offense.

This is the case of violation of city ordinance in Baguio City, now one of the contention of the
prosecution and the SolGen is Baguio City is a chartered city, filing of cases is by way of information
not complaint so you have to file that in the office of the city prosecutor. According to Sol Gen
considering that the filing of the case is in the office of the prosecution by way of information, it is the
filing that will interrupt the running of the period. SC said NO it is the judicial filing of the case with the
courts that will interrupt the running of prescriptive period because violation of city ordinance are
 covered by rules on summary procedure and the prescriptive there is 2 months. It is the fault of the
prosecutor that he did not file it within the period prescribe by law. It is correct that information must
be filed by the prosecutor but the accused must not be faulted on the delay on the part of the
prosecutor to file the case with the courts.

SECTION 9

The office of PP have pro-format of the information that will be filed in court depending on the crime.

Without first reading if the elements of the crime are complete in the information without checking if
the circumstances that will aggravate or qualify are included because you cannot convict an accuse
even if it is prove during trial.

However you failed to state the elements and the aggravating and qualifying circumstance. Even if
you prove that the circumstances if those are not present included in the info that cannot be used
against the accuse to convict him or to increase the penalty. Why? Violation of the right of the accuse
to know the nature of the offense.

If you are informed with the nature of the offense you are expected to defend yourselves.

If you fail to include impt elements it will cause the dismissal of the case because it will be a violation
of the constitutional guarantee of the right of the accuse to be informed.

Direct Assault – important that you include in the information that the offenders have prior knowledge
that the person they are assaulting is a person in authority, failure to include that a phrase it will
14 Criminal
cause dismissal of the offense. Because it is the position or the authority that is being Procedure
protected by
law.

The elements, as well as the qualifying and aggravating circumstances must be stated in an ordinary
and concise language meaning not necessarily the terms used in the statute. As long as the accuse
is able to understand and know what the offense is all about.

SECTION 10

Place of the commission of the offense

Importance – to determine the territorial jurisdiction where the case will be filed

Cases that are cognizable in the first level courts committed in the territorial jurisdiction of that court
will be filed there.

However if the accuse or one of the complainant is a minor you file it to the RTC. So you look at
territorial jurisdiction of the RTC.

Unless the particular place of the commission is an element, the particular place of the commission is
not essential of the offense charge.

Cases where the place are important element:

Tresspass to dwelling, violation of domicile.
 GR: The place of commission is not an important element in the filing of the case. It may not be
included in the information or complaint.
X: unless it is a crime to trespass to dwelling, violation of domicile wherein place is an important
element of the offense. However for purposes of determining jurisdiction, the place of commission will
be included so that there will be no more question.

SECTION 11

Again, in certain cases time of commission need not be exact or stated if it is not an essential element
of the crime except date is an important element of the offense. However, there are certain instances
wherein date is important and material. The date can be allege as near as possible as the actual date
of the commission of the crime.

Rape – date is not an essential element of the offense. Need to put the exact date only. You can still
prove that even if there is no specific date in the complaint or information.

SECTION 12

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 of identifying him, he must be described under
a fictitious name.

Circular by SC – Middlename must be included

15 Criminal Procedure
In offenses against property, if the name of the offended party is unknown, the property must be
described with such particularity as to properly identify the offense charged.

If the true name of the person against whom or against whose properly the offense was committed is
thereafter disclosed or ascertained, the court must cause the true name to be inserted in the
complaint or information and the record.

The court will direct PP to insert the correct name or surname or other affiliation once it is known even
if the trial is in progress.

If 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.

SECTION 13

Duplicity of the offense – As a rule, A complaint or information must charge only one offense. Cannot
be charge in one information unless complex crimes.

REASON: to prevent confusion on the part of the accuse in the preparation of his defense

1 information = 1 charge except when the law prescribes a single punishment for various crimes.

Offenses referred to 2nd paragraph – complex crimes, special complex crimes, continuing crimes,
various modes, principle of absorption
 If you are charge with 2 offenses in one information. REMEDY if you are the accuse? File a motion to
quash. What will happen if you file a motion to quash? Serves as waiver on your part. If later on you
are convicted, can you question the decision of court? NO, because you already participated but you
failed to file the necessary motion to quash. So the court can now impose the penalty of the 2
offenses in the information.

SECTION 14

A complaint or information may be amended, in form or in substance, without leave of court, at any
time before the accused enters his plea. After the plea and during the trial, a formal amendment may
only be made with leave of court and when it can be done without causing prejudice to the rights of
the accused.

Amendment – changes in the information of the complaint

Who changes the information in the complaint? Prosecutor

Then what are those kind of changes?

2 kinds of amendments:
Formal and Substantial

GR: The public prosecutor is allowed to make formal and substantial amendments in the complaint or
information before the accuse enters his plea.
16 Criminal Procedure
When shall the accuse enter his plea? Before arraignment. Amendment is without leave of court even
if you did not file the motion for leave of court.

Formal Amendment vs Substantial Amendment

- Formal – it will not alter or affect the nature of the offense charge. Examples, names, spellings,
places, time
- Substantial – if it alters. And the accuse interpose a diff defense.

After the plea during the trial, a formal and substantial amendment can only be made with leave of
court and can be done without prejudice to the rights of the accuse. Necessary na ang pag file og
LOC. Need na ang permission sa court.

X: However, any amendment before plea, which downgrades the nature of the offense charged in or
excludes any accused from the complaint or information, can be made only upon motion by the
prosecutor, with notice to the offended party and with leave of court.

If motion for leave is filed with the court the PP has complied with requirements of 2 nd paragraph and
accuse has not taken plea. Court granted that motion to downgrade the charge. Can the court take
cognizance with the case that was downgraded? The court is not bound by the new resolution
therefore may it should not be file by the prosecutor. The original complaint was already filed by the
court, the court has already taken the control of the case. For example prosecutor file a motion then
court granted that motion to amend downgrading the case. The court is not bound to follow the
resolution of the prosecutor downgrading the offense because as a rule once the case is file in the
 court the judge personally examines to determine if there is probable cause or sufficiency required by
law. If the judge finds that the new resolution does not conform to the evidence, then the judge may
not accept the new case but judge will take cognizance the original case.

If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or information upon the filing of a new one
charging the proper offense before judgement. Provided the accused shall not be placed in double
jeopardy

The court may require the witnesses to give bail for their appearance at the trial.
- Are witnesses really require to post bail? No. Only to make sure that these witnesses will appear
in court during trial
- May the witness refuse?
Even if the witness refuse even if subpoenad, the court may issue the search warrant for her
appearance in court. Can be force to appear and testify.

But there are instances that the witness may refuse to appear. If the witness resides 100 kms from
the court he may refuse unless you give him the necessary amount for his expenses in going to court.

Take note of the distinction between Amendment and Substitution

Amendment - applies both form and substance

Substitution – applies to substantial changes in the original charge

When amendment is as to form – there’s no need another Preliminary investigation

17 When substitution is made – there’s need for another PI Criminal Procedure

As to the applicability of the rule of double jeopardy it involves the same offense originally charge or
an offense which necessarily includes or included in your original charge hence substantial
amendments of the information after the plea has been taken cannot be made over the objection of
the accuse. For if the original information will be withdrawn the accuse can invoke double jeopardy.

In substitution, it presupposes that the new information involves a different offense. Which does not
include or is not included in the original charge hence, the accuse cannot invoke double jeopardy.

Paragraph 2, Section 14 speaks of amendment that downgrade the nature of the offense may the
prosecution withdraw an information and substitute it with upgraded offense? In what instances? In
cases where there are supervening event then the orig information will be withdrawn and the new one
will be constituted upgrading the charge that is allowed.

If the case was for physical injuries, and the accuse has already been arraigned. Three months after
the victim died. And then prosecutor move for the withdrawal of the information and substitute it with
homicide is there a need for another arraignment? Yes because that is already a diff charge. So a
new arraignment is required. Can he invoke double jeopardy? No. because it involved different
offense.

Can the offended party file a motion to deny the admission of the new offense? Yes. They can also
take cognizance with the original complaint.

SECTION 15
 Subject to existing law, meaning to say what is the existing law with respect to the apportionment of
the territorial jurisdiction of the court? BP 129

BP 129 – Judiciary Reorganization Act apportions or reapportion the territorial jurisdiction of the court.

As a result the SC issued AO No. 7 series 1983 the filing of territorial jurisdiction of the court.

GR: criminal action shall be instituted and tried in the court of the municipality or territory where the
offense was committed or where any of its essential ingredients occurred.

Second Rule, Where an offense is committed in a train, aircraft, or other public or private vehicle
while in the course of its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other vehicle passed during such its trip, including
the place of its departure and arrival.

Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall
be instituted and tried in the court of the first port of entry or of any municipality or territory where the
vessel passed during such voyage, subject to the generally accepted principles of international law .

Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code
shall be cognizable by the court where the criminal action is first filed

In criminal cases you apply territorial and extraterritorial jurisdiction.

18
Territorial Jurisdiction sa PH – archipelagic rule, the water around between the islandCriminal Procedure
regardless their
breadth and dimensions for part of the territory of the Philippines

Foreign vessel passes between internal waters – case can be filed in PH based on the archipelagic
doctrine within the territory of Ph.

Consul General – promotion of trade and commerce of the country. If commited falsification of
documents in the country where he is assigned. If commited in the embassy – PH will have
jurisdiction. If outside – No.

If you are an officer of the Ph embassy married in the Ph and then you get married in the country you
were assigned? NO, cannot be prosecuted for bigamy since its not part of his functions. However, if
the celebration of the marriage was in Ph Embassy, it’s a different story.

Ph embassy is an extension to our territorial jurisdiction.

SECTION 16

Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule
111, the offended party may intervene by counsel in the prosecution of the offense. 

This is where the private prosecutor is allowed to appear in criminal cases. His duty is only the
prosecution of the civil aspect. Because it is PP has the control over the criminal aspect of the case.
However, if the PP gives authority to private prosecutor to prosecutor. Therefore the private
prosecutor can prosecute the criminal and civil aspect of the case. Provided, there is authority to
prosecute.
 RULE 111

Section 1

When a criminal action is instituted, the civil action for the recovery of civil liability arising from the
offense charged shall be deemed instituted with the criminal action 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.

There are three choices on the part of the offended party he may waive civil aspect, reserve the right
to institute it separately, or he may institute separately the civil action prior to the criminal action.

General Rule: once the criminal action is instituted the civil action is deemed instituted together with
the criminal action

If you want to institute separately the civil action, the reservation of the right to institute separately the
civil action shall be made before the prosecution starts presenting its evidence and under
circumstances affording the offended party a reasonable opportunity to make such reservation.

What is the rationale behind this requirement?

Because of the general rule that once the criminal action is instituted the civil action is deemed
instituted together with the criminal action.
19 Criminal Procedure
It is possible that the accused can be civilly liable without the accused being adjudge criminally liable.
Only if the criminal and civil aspects can be prosecuted separately.

Civil and criminal aspect that cannot be prosecuted separately – BP 22 cases. Why? Because the file
of the BP 22 case civil aspect that is deemed instituted. Amount of damages is base on the amount of
the check.

When the offended party seeks to enforce civil liability against the accused by way of moral, nominal,
temperate, or exemplary damages without specifying the amount thereof in the complaint or
information, the filing fees thereof shall constitute a first lien on the judgment awarding such damages

For example you are claiming these damages without specifying the amount. So how will the clerk of
court be able to assess the amount of filing fees? The COC cannot assess the filing fees. Court will
not dismiss the case. The court will determine later on depending on the amount that will be rewarded
to you. And that the filing fees shall constitute the first lien that will be awarded to you.

However, if the amount of damages is specified. The court can no longer assess you. The court
demands payment. You have to pay the corresponding filing fees.

If the private complainant fails to pay the filing fees that will cause the dismissal of the case. Because
the payment of FF is jurisdictional in nature and the court could not take cognizance of that unless
you pay the filing fees.

The court can allow indigent litigants but whatever the amount of the reward of damages it will be
considered as lien.
 Take note, even if you are the client of the PAO. It doesn’t mean that you are exempted for the paying
of the filing fees except of the sheriffs fees.

Can there be instance where a party is required to serve summons himself to your respondent? YES
in the small claims cases where the processer there cannot locate the respondent in the given
address. The court will give you 30 days to serve summons and failures to return within 30 days the
summons served it will dismiss the case.

Kung unsay gikasabutan sa barangay mao na ang I follow sa court unless they enter into a
compromise agreement. Also unless if the agreement in the barangay is unconscionable.

May an accuse file a counter affidavit in the civil aspect of a criminal case? Not allowed. Counter
claim is only allowed in civil case not on criminal case.

The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the
corresponding civil action. No reservation to file such civil action separately shall be allowed.

Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing
fees based on the amount of the check involved, which shall be considered as the actual damages
claimed. Where the complaint or information also seeks to recover liquidated, moral, nominal,
temperate or exemplary damages, the offended party shall pay additional filing fees based on the
amounts alleged therein. If the amounts are not so alleged but any of these damages are
subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a
first lien on the judgment.
20 Criminal Procedure
Where the civil action has been filed separately and trial thereof has not yet commenced, it may be
consolidated with the criminal action upon application with the court trying the criminal case. If the
application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule
governing consolidation of the civil and criminal actions

Although you filed a separate civil action and that civil action has not yet started then you can file a
separate motion for consolidation of the civil and criminal case.

Only the CIVIL TO THE CRIMINAL but not the CRIMINAL TO THE CIVIL but you must file motion.

But there are actions that can proceed independently: Article 32, 33, 34 and 2176.

If makastart na ang prosecution ug present ssa evidence you have to wait until the judgement of the
criminal action. But you can manifest that your separate civil action be incorporated with the criminal
action.

If the civil action has already been instituted before the criminal action, the civil action is suspended
until final judgement of the criminal action. In such case the offended party has the option to
consolidate the civil with the criminal. Exception: Those civil actions that can proceed independently.
Those civil actions that raises prejudicial question.

Prejudicial Question:

The questions must be determinative of the case before question must be lodged in another tribunal.
 Prejudicial Question in the instution of the criminal and civil action –

Elements:

1. The civil action involves an issue similar or intimately related to the issue raised in the criminal
action: and
Meaning to say that civil action must be instituted prior to the criminal action

2. The resolution of such issue determines whether or not the criminal action may proceed
The issue in the civil aspect must first be resolved and the resolution of that issue will determine
whether criminal action will proceed.

21 Criminal Procedure