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    Chartered Cities and Prosecuted de Oficio PDF

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    Marc Mendoza
    Chartered cities in the Philippines are incorporated through special charters or laws that define their system of government and powers. In chartered cities like Manila, complaints must generally be filed with the prosecutor's office rather than directly with the court, unless the city charter specifies otherwise. For example, the charter of Toledo City states that the prosecutor is responsible for prosecuting crimes in municipal court on behalf of the city. Certain private crimes like adultery and defamation implicating such offenses require a sworn complaint from the offended party to be prosecuted.

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    Chartered Cities and Prosecuted de Oficio PDF

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    Marc Mendoza
    142 views2 pages
    Chartered cities in the Philippines are incorporated through special charters or laws that define their system of government and powers. In chartered cities like Manila, complaints must generally be filed with the prosecutor's office rather than directly with the court, unless the city charter specifies otherwise. For example, the charter of Toledo City states that the prosecutor is responsible for prosecuting crimes in municipal court on behalf of the city. Certain private crimes like adultery and defamation implicating such offenses require a sworn complaint from the offended party to be prosecuted.

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    Chartered cities in the Philippines are incorporated through special charters or laws that define their system of government and powers. In chartered cities like Manila, complaints must generally be filed with the prosecutor's office rather than directly with the court, unless the city charter specifies otherwise. For example, the charter of Toledo City states that the prosecutor is responsible for prosecuting crimes in municipal court on behalf of the city. Certain private crimes like adultery and defamation implicating such offenses require a sworn complaint from the offended party to be prosecuted.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    142 views2 pages

    Chartered Cities and Prosecuted de Oficio PDF

    Uploaded by

    Marc Mendoza
    Chartered cities in the Philippines are incorporated through special charters or laws that define their system of government and powers. In chartered cities like Manila, complaints must generally be filed with the prosecutor's office rather than directly with the court, unless the city charter specifies otherwise. For example, the charter of Toledo City states that the prosecutor is responsible for prosecuting crimes in municipal court on behalf of the city. Certain private crimes like adultery and defamation implicating such offenses require a sworn complaint from the offended party to be prosecuted.

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    © All Rights Reserved
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    “CHARTERED CITIES” AND “PROSECUTED DE OFICIO”

    By: Justin Brian F. Borbon

    I. Chartered Cities
    ➔ Under the Administrative Code (Act No. 2711), Chartered City is defined as “city
    incorporated under a special charter” or those incorporated under special laws.
    ➔ The charter creates the city, defines its boundaries, provides its system of
    government, and defines the powers and duties of its officials.
    ➔ The City constitutes a political body corporate and as such is endowed with the
    attribute of perpetual succession and possessed of the powers which pertain to a
    municipal corporation, to be exercised in conformity with the provisions of their
    Charter.
    ➔ An example of this would be Republic Act No. 2688 or the Revised Charter of the
    City of Toledo.
    ➔ According to the National Statistical Coordination Board, as of 2012, there are
    143 chartered cities in the Philippines.

    Under the ​Revised Rules of Criminal Procedure​, In Manila and other chartered cities, the
    complaint shall be filed with the office of the prosecutor unless provided for in their charters.
    ➔ There is no direct filing with the MeTC of Manila because in Manila, including other
    chartered cities, the complaint, as a rule, shall be filed with the office of the Prosecutor,
    unless otherwise provided by their charters.
    ➔ In case of conflict between a city charter and a provision of the Rules of Court, ​the
    former shall prevail, being a substantive law.

    Example:
    Under R.A. 2688 or the Revised Charter of the City of Toledo, it is stated that the fiscal
    (or prosecutor) shall have charge of the prosecution of all crimes and violations of the city
    ordinances, in the municipal court of the city or the Court of First Instance (now the Regional
    Trial Court) and shall discharge all the duties in respect to criminal prosecutions as are enjoined
    by law upon provincial fiscals. (​Sec. 31(f), Art. IX, R.A. No. 2688) H ​ e also shall cause to be
    investigated all charges of crimes, misdemeanors, and violations of laws and city ordinances
    and have the necessary information or complaints prepared or made against the accused. (​Sec.
    31(g), Art. IX, R.A. No. 2688)

    II. Prosecuted de oficio


    ➔ These are crimes or offenses where it is initiated by complaint or information filed
    by the prosecutor. Generally, all crimes can be prosecuted de oficio.
    ➔ However, there are crimes or offenses which cannot be prosecuted except on
    complaints filed by the offended party or if the offended party is a minor, by the
    parents, grandparents or the guardian.
    Crimes that cannot be prosecuted ​de oficio ​(private crimes)​:
    1. In certain crimes against chastity (example: concubinage, adultery, seduction, abduction,
    and acts of lasciviousness); and
    2. Defamations imputing any of the aforesaid offenses wherein a sworn written complaint is
    required.

    Private crimes: ​are those which cannot be prosecuted except upon a complaint filed by the
    offended party. This legal requirement was imposed out of consideration for the aggrieved party
    who might prefer to suffer the outrage in silence rather than go through the scandal of a public
    trial. ​(People v. Yparraguire, G.R. No. 124391, July 5, 2000)

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