CHAPTER II

PROSECUTION OF OFFENSES

I. INSTITUTION OF CRIMINAL ACTION

 PURPOSE OF CRIMINAL PROSECUTION – to determine the penal liability of the accused for
having outraged the state with his crime and, if he be found guilty, to punish him for it.
 PARTIES: People of the Philippines and the accused
 Private offended party is regarded merely as a witness for the State
 CRIMINAL CASES
 offended party is the state
 interest of the private complainant/party is limited only to civil liability
 role: witness to the prosecution

HOW CRIMINAL ACTIONS ARE INSTUTED

 depends upon WON the offense is one which requires a preliminary investigation
 PRELIMINARY INVESTIGATION IS REQUIRED
 Criminal action is instituted by filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation (Sec. 1, Rule 110)
 PRELIMINARY INVESTIGATION IS NOT REQUIRED
 By filing the complaint or information directly with the MTC and MCTC
 By filing the complaint or information with the office of the prosecutor (Sec. 1, Rule
110)
 Manila and other chartered cities: the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.

NO DIRECT FILING IN THE RTC

 Because its jurisdiction covers offenses which require preliminary investigation

 No direct filing with the MTC of Manila because in Manila, incl. other chartered cities, the
complainant, as a rule, shall be filed with the office of the prosecutor, unless otherwise provided
in their charters

DIRECT FILING IN COURT

 Occurs in a case where preliminary investigation is not to be conducted and this refers to
offenses for which the penalty prescribed by law is less than 4 years, 2 months, and 1 day (Sec.
1, Rule 112) –JURISDICTION: MTC

RULE ON PRESCRIPTION FOR VIOLATIONS OF MUNICIPAL ORDINANCES AND SPECIAL LAWS

 ACT NO. 3326 – the law which governs the period of prescription for violations penalized by
special acts and municipal ordinances.

-is interrupted only by the institutional of judicial proceedings because Sec. 2 of

the law provides that prescription begins from the commission of the crime or
from the discovery thereof and the institution of judicial proceedings for its
investigation and punishment

 CONFLICT BETWEEN ACT NO. 3326 and RULE 110 of ROC

- Rule 110 of ROC must yield because the Court, in the exercise of its
rule-making power, is not allowed to “diminish, increase or modify
substantive rights”
  ZALDIVIA CASE,CASE #3
 PANAGUITON CASE, CASE #2
 Filing of the complaint in the Office of the Ombudsman effectively interrupts the running of
prescriptive period.
- THE PREVAILING RULE IS THAT IT IS THE FILING OF THE
COMPLAINT/INFORMATION IN THE OFFICE OF THE PUBLIC
PROSECUTOR FOR PURPOSES OF PRELIMINARY INVESTIGATION
THAT INTERRUPTS THE PERIOD OF PRESCRIPTION.

The running of the period of prescription is interrupted with the filing of the action even if the court in
which the action was filed is without jurisdiction.

II. PROSECUTION OF CRIMINAL ACTION

Who must prosecute the criminal action?

 Prosecuted under the direction and control of the public prosecutor

 RATIONALE: since a criminal offense is an outrage against the sovereignty of the State, it
necessarily follows that a representative of the State shall direct and control the prosecution
thereof. The rule is also founded on the theory that a crime is a breach of the security and peace
of people at large.

Consequences of the rule that a criminal action is prosecuted under the direction and control of the
public prosecutor

 PUBLIC PROSECUTOR HAS THE POWER AND DISCRETION TO

a. determine whether a prima facie case exists,
b. decide which of the conflicting testimonies should be believed free from the interference or
control of the offended party, and
c. subject only to the right against self-incrimination, determine which witnesses to present in
court
 The right to prosecute vests the prosecutor with a wide range of discretion, the discretion of
whether, what and whom to charge, the exercise of which depends on factors which are best
appreciated by the prosecutor.
 XPN: where there is an unmistakeable showing of grave abuse of discretion on the part of
prosecutor
 The public prosecutor may turn over the actual prosecution of the criminal case to the private
prosecutor, in the exercise of his discretion, but he may at any time, take over the actual
conduct of the trial
 CASE OF PINOTE VS. AYCO, CASE #8

Prosecution of a criminal action in the Municipal Trial Court or Municipal Circuit Trial Court

 Shall also be prosecuted under the direction and control of the prosecutor
 When the prosecutor assigned is not available, the action may be prosecuted by
(a ) the offended party,
(b) any peace officer,
(c) or public officer charged with the enforcement of the law violated

Representation of the PP by the OSG in appeals before the CA or the SC

  Appeal in criminal cases before the CA and the SC is vested in the OSG which is the law of the
government
 BUMa
 BUMATAY VS. BUMATAY CASE, CASE #9
 Criminal Cases: the SG is regarded as the appellate counsel of the PP and should be given the
opportunity to be heard in behalf of the People
 RATIONALE: rooted in the principle that the party affected by the dismissal of the action is
the People and not the petitioners who are mere complaining witnesses.
 Private complainant/ offended party may file an appeal w/o the intervention of the OSG but
only insofar as the CIVIL LIABILITY OF THE ACCUSED IS CONCERNED.
 LITMUS TEST IN ASCERTAINING THE PROPRIETY OF THE PETITION FOR CERTIORARI FILED BY THE
PETITIONER: WON the petition refers to the civil aspect of the case

When the private offended party may appeal from or seek a review of the dismissal of a criminal case
w/o the intervention of the OSG

 INSTANCES :
a. Where there is a denial of due process of law to the prosecution and the State and it’s agents
refuse to act on the case to the prejudice of the State and the private offended party;
b. Where there is a grave error committed by the judge;
c. When the interest of justice so requires

Appearance of the Special Prosecutor of the Ombudsman

 XPN: All cases elevated to the SB and from the SB to the SC, the Office of the Ombudsman,
through its special prosecutor, shall represent the PP except in cases filed pursuant to E.O Nos.
1,2,14, and 14A, issued in 1986

When a private prosecutor may prosecute a case even in the absence of the public prosecutor

 If he is authorized to do so in writing.
 Written Authorization – given by either the Chief of the Prosecution Office or the Regional State
Prosecutor ; be approved by the court
 REASONS: public prosecutor has a heavy work schedule or there is a lack of public prosecutors
 CIVIL LIABILITY is being prosecuted by a private prosecutor

III. INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION OF THE CRIMINAL ACTION

Intervention of the offended party

 "Every person criminally liable for a felony is also criminally liable" (Article 100, Revised Penal
Code)
 Person commits a crime, he offends two identities:
a. The State
b. The individual member of that society whose person, right, chastity or property was
actually/ directly injured by the act or omission
LEE CASE, CASE #10
 The civil liability for a crime includes restitution, reparation of the damage caused and
indemnification for consequential damages (Article 104, Revised Penal Code)
 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.
How offended party intervenes in a criminal case

 The appointment of a private of prosecutor is done by the offended party and the mode by
which he intervenes in the prosecution of the offense.
 Intervention: only allowed where the civil action for the recovery of the civil liability arising from
the offense charged is instituted in the criminal action pursuant to Rule 111, ROC
 Offended party may not intervene:
a. Waives the civil action
b. Reserves the right to institute separately
c. Institutes the civil action prior to criminal action
 REASON: There is no civil liability which would supply a basis for the intervention of the
offended party through his counsel/ private prosecutor.

IV. PROSECUTION OF PRIVATE CRIMES

Prosecution of adultery and concubinage

 Shall not be prosecuted except upon a complaint filed by the offended party (Sec. 5, Rule 110
ROC)
 Rule: The prosecutor cannot prosecute the case where no complaint is filed by the offended
party.

Prosecution of seduction, abduction and acts of lasciviousness

 Shall not be prosecuted except upon a complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by
any of them
 Pardon: must be expressly made.

Prosecution of defamation

 Under this rule (Sec. 5, Rule 110) consists in the imputation of the offenses of adultery,
concubinage, seduction, abduction and acts of lasciviousness
 Only the offended party can initiate the criminal action.

V. COMPLAINT AND INFORMATION

Complaint – sworn written statement 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

In whose name and against whom a complaint is filed

 filed in the name of the People of the Philippines and is filed against all persons who appear
to be responsible for the offense involved
 The dismissal made by the RTC of the criminal case can only be appealed by the OSG

Meaning of information

 accusation in writing charging a person with an offense subscribed by the prosecutor and filed
with the court (Sec. 4, Rule 110, Rules of Court)
 Only a public officer described by the Rules of Court as a "prosecutor" is authorized to subscribe
to the information
  The information is considered the battle ground in criminal prosecutions.

Distinctions b/w a complaint and information

1. Complaint is under oath. Information requires no oath. Sec. 4 merely requires that it be an
accusation in writing.
2. A complaint or information is subscribed by (a ) the offended party, (b) any peace officer, (c) or
other public officer charged with the enforcement of the law violated (Sec. 3, Rule 110, Rules of
Court). On the other hand, an information is subscribed by the prosecutor (Sec. 4, Rule 110,
Rules of Court).

Infirmity of signature in the information - CUDIA VS. CA (Case #1, PART 2)

Sufficiency of the complaint or information

1. A complaint or an information is deemed sufficient if it contains the following:

(a) The name of the accused; if the offense is committed by more than one person, all of them
shall be included in the complaint or information;
(b) The designation of the offense given by statute;
(c) The acts or omissions complained of as constituting the offense;
(d) The name of the offended party;
(e ) The approximate date of the commission of the offense; and ( f) The place where the
offense was committed (Sec. 6, Rule 110, Rules of Court; People v. Canares, G.R. No. 174065,
February 18, 2009)
(f) the place where the offense was committed