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MODULE 2

WEEK 2

II. THE CRIMINAL PROCEDURE

A. Prosecution of Offenses (Rule 110)

1. Institution of Criminal Actions

a. Purpose
b. How Instituted
Case:
(1) People vs. Bautista, G.R. No. 168641, April
27, 2007
c. Who may file
Case:
(2) Salazar vs. People, G.R. No. 149472,
October 15, 2002

2. Prosecution of Criminal Action

a. Control of Prosecution
Case:
(3) People vs. Sandiganbayan, G.R. No.
188165 & 189603, December 11, 2013

3. Complaint and Information

Complaint and Information Meaning
Distinctions

a. Filing of Complaint/Information
i. With the Prosecutor
ii. With the Municipal Trial Court

b. Sufficiency of Complaint or Information

Cases:
(4) People vs. Bayabos, G.R. No. 171222,
February 18, 2015
(5) People vs. Aurelio Lira, G.R. No. 235991,
March 18, 2021

c. Designation of Offense
Cases:
(6) People vs. Avendano, G.R. No. 137407,
January 28, 2003
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(7) People vs. Amadore, G.R. Nos. 140669-75

& 140691, April 20, 2001
(8) People vs. Feliciano, Jr., G.R. No. 196735,
May 5, 2014

d. Duplicity of Offense; Exception

Case:
(9) Ivler vs. Judge San Pedro, G.R. No.
172716, November 17, 2010

e. Amendment or Substitution of the

Complaint or Information
Formal or substantial
Case:
(10) Braza vs. Sandiganbayan, G.R. No.
195032, February 20, 2013

f. Distinction between Amendment and

Substitution
Case:
(11) Teehankee vs. Madayag, G.R. No. 103102,
March 6, 1992

4. Venue of Criminal Actions

Case:
(12) Union Bank of the Philippines vs. People,
G.R. No. 192565, February 28, 2012

Change of Venue in Criminal Cases

Art. VIII, Section 5(4), 1987 Constitution
Case:
(13) People vs. Grey, G.R. No. 180109, July 26,
2010
(14) Petron Corporation and People vs.
William Yao, Sr., et al., G.R. No. 243328,
March 18, 2021

5. Intervention of Offended Party

Cases:
(15) Liong vs. Lee, G.R. No. 181658, August 7,
2013
(16) Chua vs. Court of Appeals, G.R. No.
150793, November 19, 2004

6. Prosecution of Private Crimes

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II. THE CRIMINAL PROCEDURE

B. Prosecution of Offenses (Rule 110)

.

7. Institution of Criminal Actions

d. Purpose

Purpose of a Criminal Action/Role of the Private Offended Party

To determine the penal liability of the accused for having outraged the
State with his crime, and if found guilty, to punish him. The parties to the action
are the People and the accused. The interest of the private complainant/private
offended party is limited to the civil liability. His role is limited to that of a
witness only.

e. How Instituted

How Criminal Actions are Instituted

The institution of a criminal action depends upon whether or not the
offense is one which requires a preliminary investigation. (Sec. 1, Rule 110, Rules
of Court.
1. If required-instituted by filing the complaint with the proper
officer for the purpose of conducting the requisite preliminary investigation.
2. If not required, instituted in either two ways:
(a) By filing the complaint or information directly with the Municipal Trial
Court and Municipal Circuit Trial Court; or
(b) By filing the complaint with the office of the prosecutor.

Institution of Criminal Actions in Manila and other chartered cities

-it shall be filed with the office of the prosecutor unless otherwise
provided in their charters.

There is no direct filing in the Regional Trial Court because its

jurisdiction requires covers offenses which require preliminary investigation.

Those offenses punishable by a penalty prescribed by law less than four

years, 2 months and one day– do not require preliminary investigation.

Case: People vs. Bautista, G.R. No. 168641, April 27, 2007

Bautista had a complaint filed against him, slight physical injuries, a preliminary
investigation was conducted recommending a filing of information but there was
no record that the recommendation was approved. The information was found
to be filed after the prescription period.
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WON the prescription began to run anew after the investigating prosecutor’s
recommendation to file the proper criminal information against respondent was
approved by the City Prosecutor

No. Because the filing of the complaint with the fiscal’s office suspends the
running of the prescriptive period.

f. Who may file

Who may file

Case: Salazar vs. People, G.R. No. 149472, October 15, 200
-misappropriated funds, failed to return amount.
(filing of complaint, anyone can request for a preliminary investigation, no
prosecution without probable cause)
8. Prosecution of Criminal Action
a. Control of Prosecution
People vs. Sandiganbayan, G.R. No. 188165 &
189603, December 11, 2013

Prosecution of Criminal Action

Control of Prosecution

A criminal action is 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. Also, a crime is a breach of the security and
peace of the people at large.

Functions of the Public Prosecutor

1. Determine whether a prima facie case exists;
2. Decide which of the conflicting testimonies should be believed free
from the interference and control of the offended party;
3. Subject only to the right against self-incrimination, determine which
witnesses to present in court.

Case: People vs. Sandiganbayan, G.R. No. 188165 & 189603,

December 11, 2013
Violation of the right of the accuse to a speedy disposition, the
investigation was conducted, which took a long time before the
investigation to finish. The delay was 5 years.
If the right to speedy disposition was delayed it would be dismissed.

9. Complaint and Information

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a. Complaint and Information Meaning

Complaint – is a 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. (Sec. 3, Rule 110, Rules of
Court)
-subscribed only by any of the persons specified under the Rules

Information – is an accusation in writing charging a person with an

offense subscribed by the prosecutor and filed with the court; it is not required
to be sworn unlike a complaint. Only a public officer described by the Rules of
Court as a “prosecutor” is authorized to subscribed to the information.

b. Filing of Complaint/Information
iii. With the Prosecutor-when
preliminary investigation is
required
iv. With the Municipal Trial Court-
when preliminary investigation is
not required

c. Sufficiency of Complaint or Information

A complaint is deemed sufficient if it contains the

following:
1. 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;
2. The designation of the offense given by the statute;
3. The acts or omissions complained of as constituting the
offense;
4. The name of the offended party;
5. The approximate date of the commission of the offense; and
6. The place where the offense was committed.

Cases: People vs. Bayabos, G.R. No. 171222, February 18, 2015
Hazing, PMMA was charged as accomplices for violation of anti
hazing law
People vs. Aurelio Lira, G.R. No. 235991, March 18, 2021
Defect in the qualifying circumstances, SC downgraded homicide to
murder, even if there is defect if uncorrected, then the right to
question was waived

d. Designation of Offense

Designation of Offense
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Some offenses have no name, so as long as you can provide the provision
of law violated it would suffice.

Rules in the designation of an offense

1. In designating the offense, the following rules must be

observed:
(a) The designation of the offense requires, as rule, that the name
given to the offense by statute shall be stated in the complaint
or information;

If the statute gives no designation to the offense, then reference

shall be made to the section or subsection punishing it. (Sec. 8,
Rule 110)

(b) To be included in the complete designation of the offense is an

averment of the acts or omissions constituting the offense.

(c) The complaint or information shall specify the qualifying and

aggravating circumstances of the offense (Sec. 8, Rule 110)

2. The specific acts of the accused do not have to be described in detail in

the information as it is enough that the offense be described with
sufficient particularity to make sure the accused fully understands what
he is being charged with.

Cases: People vs. Avendaño, G.R. No. 137407, January 28, 2003
Rape case, 5 counts against the victim, appellant is a stepdaughter

Case: People vs. Amadore, G.R. Nos. 140669-75 & 140691, April 20,
2001

Case: People vs. Feliciano, Jr., G.R. No. 196735, May 5, 2014
 

g. Duplicity of Offense; Exception

The general rule is that a complaint or information must charge only one
offense. This rule prohibits duplicity or multifariousness of offenses in a single
complaint or information. A single complaint or information must charge only
one offense.

Exceptions:

When the law prescribes a single punishment for various offenses, more
than one offense may be charged. (Sec. 13, Rule 110) Ex. Complex and
compound crimes under Article 48 of the RPC (a single act constitutes two or
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more grave or less grave felonies; offense is a necessary means to commit the
other, ex. Malversation of public funds through falsification of public
documents) ;complex crime proper (rape with homicide)

Rationale:

To give the accused the necessary knowledge of the charge against him
and enable him to sufficiently prepare for his defense.

Waiver of duplicity of the offense

Duplicity of offense is a ground for motion to quash but an objection must

be timely interposed otherwise he is deemed to have waived the defect.

Case: Ivler vs. Judge San Pedro, G.R. No. 172716, November 17, 2010

a. Amendment or Substitution of the

Complaint or Information

Amendment is the correction of an error or an omission in a complaint

or information. It is effected by adding or striking out an allegation or the name
of nay party, or by correcting a mistake or inadequate allegation or description
in any other respect, so that the actual merits of the controversy may speedily be
determined, without regard to technicalities, and in the most and expeditious
and inexpensive manner.

If the amendment is made before the accused enters his plea, the
complaint/information may be amended in form or in substance, without
need for leave of court. (Sec. 14, Rule 110)
Exception: Leave of Court is required even if amendment is made before
plea
a. The amendment downgrades the nature of the offense charged; pr
b. The amendment excludes any accused from the complaint or
information.

However, this should be made upon motion by the prosecutor, with

notice to the offended party to give the victim the opportunity to object to the
amendment.

Formal or substantial

Formal- an amendment to an information which does not change the

nature of the crime alleged therein, does not affect the essence of the offense,
cause surprise, or deprive the accused of an opportunity to meet the new
averment.
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Example:
1. New allegations which relate only to the range of the penalty that the
court might impose in the event of conviction;
2. An amendment which does not charge another offense different or
distinct from that charged in the original one;
3. Additional allegations which do not alter the prosecution’s theory of
the case so as to cause surprise to the accuse and affect the form of
defense he has or will assume;
4. An amendment which does not adversely affect any substantial right
of the accused; and
5. An amendment that merely adds specifications to eliminate vagueness
in the information and not to introduce new and material facts, and
merely states with additional precision something which is already
contained in the original information and which adds nothing
essential for conviction for the crime charged.

Substantial – when an amendment would be prejudicial to the accused

like when the defense of the accused, under the original complaint or
information, would no longer be available after the amendment is made, and
when any evidence the accused might have would be inapplicable to the
complaint or information, as amended.

Case: Braza vs. Sandiganbayan, G.R. No. 195032, February 20, 2013
Arraignment was for purposes of travel abroad

Distinctions between Amendment and Substitution

1. Amendment may involve either formal or substantial changes, while

substitution involves a substantial change from the original charge.
2. Amendment before plea has been entered can be effected without
leave of court, but substitution of information must be with leave of
court as the original information has to be dismissed.
3. Where the amendment is only as to form, there is no need for another
preliminary investigation and the retaking of the plea of the accused;
in substitution of information, another preliminary investigation is
entailed and the accused has to plead anew to the information; and
4. An amended information refers to the same offense charged in the
original information or to an offense which necessarily includes or is
necessarily included in the original charge, hence, substantial
amendments to the information after the plea has been taken cannot
be made over the objection of the accused, for if the original
information would be withdrawn, the accuse could invoke double
jeopardy. On the other hand, substitution requires or presuppose that
the new information involves a different offense which does not
include or is not necessarily included in the original charge, hence, the
accused cannot claim double jeopardy.
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Case: Teehankee vs. Madayag, G.R. No. 103102, March 6, 1992

10. Venue of Criminal Actions

As a rule, the criminal action shall be instituted and tried in the court of
the municipality or territory (a) where the offense was committed; (b) or where
any of its essential ingredients occurred.

Venue is an element of criminal jurisdiction. A court cannot exercise

jurisdiction over a person charged with an offense committed outside its limited
territory. This is to ensure that the defendant is not compelled to move to, and
appear in a different court from that of the province where the crime was
committed as it would cause him great inconvenience in looking for his
witnesses and other evidence in another place.

Civil – may be agreed upon

Criminal – fixed

Case: Union Bank of the Philippines vs. People, G.R. No. 192565,
February 28, 2012

Change of Venue in Criminal Cases

Art. VIII, Section 5(4), 1987 Constitution

Section 5(4), Article VIII of the 1987 Constitution

(4) Order a change of venue or place of trial to avoid miscarriage of

justice.

Case: People vs. Grey, G.R. No. 180109, July 26, 2010

Petron Corporation and People vs. William Yao, Sr., et al., G.R. No.
243328, March 18, 2021

Exceptions to the Rule on Venue on Criminal Actions; when

offenses is tried outside of the territorial jurisdiction of the court

1. Offenses committed under Art. 2 of the Revised Penal Code,

cognizable by Philippine courts even if committed outside of its
territory. Cognizable by the court where criminal action is first filed.
(Section 15(d), Rule 110)
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2. Pursuant to the Supreme Court’s constitutional power to order a

change of venue or place of trial to avoid a miscarriage of justice
(Section 5(4), Article VIII, 1987 Constitution)
3. Offenses committed in a train, aircraft or other public or private
vehicle in the course of its trip-instituted and tried in the court of any
municipality of territory where said train, aircraft or vehicle passed
during its trip; or in the place of departure and arrival.
4. Offenses committed on board a vessel in the course of its voyage, the
criminal action shall be instituted and tried not necessarily in the
place of the commission. It may be tried in the port of entry or in the
court of the municipality or territory where the vessel passed during
its voyage.
5. Offenses cognizable by the SB, the criminal action need not be filed
and tried in the place where committed but generally, where the court
actually sits in Quezon City.
6. Written defamation offense or libel, where the criminal action need
not necessarily be filed in the RTC of the province or city where the
alleged libelous article was printed and first published. It may be filed
in the province or city where the offended party held office at the time
of the commission of the offense, if he is a public officer, or in the
province or city where he actually resided at the time of the
commission of the offense in case the offended party is a private
individual.

11. Intervention of Offended Party

Case: Liong vs. Lee, G.R. No. 181658, August 7, 2013

Case: Chua vs. Court of Appeals, G.R. No. 150793, November 19, 2004

12.Prosecution of Private Crimes

The crimes of adultery and concubinage shall not be prosecuted except

upon a complaint filed by the offended spouse. (Sec. 5, Rule 110) It should be the
offended spouse who should file the complaint. The same rule also provides that
the action cannot be instituted against one party alone. It must be instituted
against both guilty parties, unless one of them is no longer alive. The offense of
adultery and concubinage may not be instituted if it is shown that the offended
party has consented to the offense or has pardoned the offenders. (Sec. 5, Rule
110)

Prosecution of seduction, abduction and acts of lasciviousness

It shall be not be prosecuted except upon a complaint filed by the offended

party, or her parents, grandparents or her guardian, nor in any case, if the
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offender has been expressly pardoned by any one of them. (Sec. 5, Rule 110)
Express pardon is required.

However, if the offended party dies or becomes incapacitated before she

can file the compliant, and she has no known parents, grandparents, or
guardian, the State shall initiate the criminal action in her behalf in the order of
those who may file in the absence of the persons mentioned in Section 5. The
State may only do so in the absence of the persons mentioned.

The offended party, even if a minor, has the right to initiate the
prosecution of the offense, independently of her parents, grandparents, or
guardian, except if she is incompetent of incapable of doing so.

Where the minor fails to initiate, the complaint may be filed by the
minor’s parents, grandparents or guardian.

Prosecution of Rape
Pursuant to an amendment under R.A. No. 8353 (October 22, 1997) the
crime of rape was reclassified as a crime against persons. Thus, prosecution for
such crime may now be commenced in court even by the filing of an Information
by the public prosecutor.