Rule110_Prosecution-of-Offenses_BSCrim4_ATTY.BJCE-Copy.pptx

COURSE OUTLINE IN CRIMINAL PROCEDURE AND
COURT TESTIMONY
(SECOND SEMESTER, S/Y 2022-2023)
ATTY. BENTEL JELLIE C. ESTRADA
PROFESSOR
I S A B E L A S TAT E U N I V E R S I T Y
C R I M I N O L O G Y D E PA R T M E N T
C A U AYA N C I T Y, I S A B E L A
Rule 110: Prosecution of
Offenses_ATTY.BJCE2023

RULE 110: PROSECUTION OF OFFENSES
(SECTIONS 1-16)
Institution of Legal Action
Rule 110: Prosecution of Offenses_ATTY.BJCE2023

RULE 110:
PROSECUTIO
N OF
OFFENSES
(SECTIONS 1-
16)

CRIMINAL ACTIONS; HOW
INSTITUTED
• The institution of a criminal action
generally depends upon whether the
offense is one which requires a
preliminary investigation (PI) or not

OFFENSES REQUIRING PI OTHER OFFENSES
NATURE OF OFFENSES
Those where the penalty
prescribed by law is at least 4
years, 2 months and 1 day [Sec.
1, Rule 112, as amended by A.M.
No. 05-8-26-SC]
Offenses where the penalty
prescribed by law is less
than 4 years, 2 months, and
1 day

HOW INSTITUTED
By filing the complaint with the
appropriate officer
for PI [Sec. 1(a), Rule 110]
a. Filed directly with the MTCs
and MCTCs; or
b. Filed with the office of the
prosecutor [Sec. 1(b), Rule 110]
c. In Manila and other chartered
cities, the complaint shall be filed
with the office of the prosecutor
unless otherwise provided in their
charters [Sec. 1(b), Rule 110]

EFFECT OF INSTITUTION
• The institution of a criminal action
shall interrupt the running of the
prescription period of the offense
charged UNLESS otherwise provided
in special laws [Sec. 1, Rule 110]

FALLING UNDER THE AUTHORITY OF THE
LUPON
• While the dispute is under mediation, conciliation or
arbitration, the prescriptive periods shall be
interrupted upon the filing of the complaint with the
Punong Barangay [Sec. 410, LGC]
Limitation: Interruption shall not exceed 60 days from
filing of complaint with the punong barangay [Sec.
410(c), LGC].

CRIMINAL CASES REQUIRED TO BE FILED WITH
LUPON
• Offenses punishable by imprisonment
not exceeding one (1) year or a fine
not exceeding P5,000 [Sec. 408(c),
LGC] and where the parties actually
reside in the same city or municipality

EXCEPTIONS, WHEN [PGP-ODP]:
• 1. There is no Private offended party [Sec. 408(d), LGC]
• 2. One party is the Government or any subdivision thereof [Sec.
408(a), LGC];
• 3. One party is a Public officer or employee, and the dispute relates to
the performance of his Official functions [Sec. 408(b), LGC];
• 4. Parties actually reside in Different cities or municipalities, EXCEPT
where such barangays adjoin each other AND the parties agree to
amicable settlement by an appropriate lupon [Sec. 408(f), LGC];
• 5. Accused is under Police custody or detention

WHO MAY FILE; CRIMES THAT
CANNOT BE PROSECUTED DE
OFFICIO
• General rule:
Complaint or Information may only be filed or
dismissed if there is prior written authority or
approval of the provincial or city prosecutor or
chief state prosecutor or the Ombudsman or his
deputy [Sec. 4, Rule 112, as amended by A.M.
05-8-26-SC] .

EXCEPTIONS: CRIMES THAT CANNOT
BE
PROSECUTED DE OFICIO [ACSAAD]:
• 1. Adultery
• 2. Concubinage
• 3. Seduction
• 4. Abduction
• 5. Acts of Lasciviousness
• 6. Defamation

EVENTS THAT MAY OCCUR AFTER THE
FILING OF THE CASE
• a. Death of offended party
Death after filing the complaint would not deprive the court of
jurisdiction. The death of the offended party in private crimes
is essential solely for the initiation of the action. [People v.
Diego, G.R. No. 1626 (1937)]
It is not one of the causes for extinguishment of criminal
liability enumerated in Art. 89 of the Revised Penal Code.

• b. Desistance by offended party
Desistance does not bar the People of the
Philippines from prosecuting the criminal action,
but it operates as a waiver of the right to pursue
civil indemnity [People v. Amaca, G.R. No.
110129 (1995)].

• c. Pardon by offended party
General rule: A pardon by the offended party
does not extinguish criminal action but civil
liability with regard to the interest of the injured
party is extinguished by his express waiver [Art.
23, RPC]. If there is more than one accused,
the pardon must be extended to all offenders.

• Exception: Seduction, abduction and
acts of lasciviousness shall not be
prosecuted if the offender has been
expressly pardoned by the offended party
or her parents, grandparents or guardian
[Art. 344, RPC] [Sec. 5, Rule 110]

WHEN SHOULD PARDON BE DONE
• General rule: Pardon must be made before the filing
of the criminal complaint in court [People v.
Bonaagua, G.R. No. 18897 (2011)]
• *Pardon-past acts!!! Vs, Consent-future acts
• Exception: In rape, marriage between the offender
and the offended party would be effective as pardon
even when the offender has already commenced
serving his sentence

• d. Subsequent marriage
General rule: In cases of seduction, abduction,
acts of lasciviousness and rape, the marriage of
the offender with the offended party shall
extinguish the criminal action or remit the
penalty already imposed upon him, together
with the co-principals, accomplices, and
accessories after the fact of the
abovementioned crimes [Art. 344, RPC]

• Exceptions:
• 1. Marriage was invalid or contracted in bad
faith to escape criminal liability [People v.
Santiago, G.R. No. L-27972 (1927)]
• 2. In multiple rape, insofar as the other
accused in the other acts of rape respectively
committed by them are concerned [People v.
Bernardo (38 O.G. 3479)]

CONTROL OF PROSECUTION
• General rule:
All criminal actions commenced by a
complaint or information shall be
prosecuted under the direction and control
of the prosecutor

• Exception: A private prosecutor may
be authorized in writing by the Chief
of the Prosecution office or the
Regional State Prosecutor to
prosecute the case subject to the
approval of the court [Sec. 5, Rule
110, as amended by A.M. No. 02-2-

CONDITIONS FOR A PRIVATE
PROSECUTOR TO
PROSECUTE A CRIMINAL ACTION
a. The public prosecutor has heavy work schedule or there is no public
prosecutor assigned in the province or the city
b. The private prosecutor is authorized in writing by the Chief of the
Prosecutor office or the Regional State Prosecutor
c. The authority of the private prosecutor was approved by the Court
d. The private prosecutor shall continue to prosecute the case up to the
end of the trial unless the authority is revoked or otherwise withdrawn.
[Sec. 5, Rule 110, A.M. No. 02- 2-07-SC (2002)]
e. In case of withdrawal or revocation of authority, the same must be
approved by the court [DOJ Memorandum Circular No. 25 (2002)]

CONTENT REQUIRED FOR VALIDITY
OF
AN INFORMATION
• A complaint or information is sufficient if it states the [ADA-ODP]:
• a. Name and surname of the Accused; or any appellation or nickname
by which he is known or had been known i. When an offense is
committed by more than one person, all of them shall be included in
the complaint or information [Sec. 6, Rule 110]
• b. Designation of the offense given by the statute
• c. Acts or Omissions complained of as constituting the offense
• d. Name of the Offended party
• e. Approximate Date of the commission of the offense, and
• f. Place where the offense was committed

FORM REQUIRED FOR VALIDITY
a. In writing
b. In the name of the People of the
Philippines
c. Against all persons responsible for the
offense involved [Sec. 2, Rule 110]

TEST FOR SUFFICIENCY OF THE
INFORMATION
• Whether the crime is described in intelligible
terms with such particularity as to apprise the
accused with reasonable certainty of the
offense charged [Lazarte v. Sandiganbayan,
G.R. No. 180122 (2009)]

General rule: A defective information cannot support
a judgment of conviction
Exception: Where the defect in the information was
cured by evidence during the trial and no objection
appears to have been raised [Abunado v. People,
G.R. No. 159218 (2004)]

WAIVER OF OBJECTION TO
SUFFICIENCY
• General rule: An accused is deemed to
have waived his right to assail sufficiency
of the information when he voluntarily
entered a plea during arraignment and
participated in the trial [Frias v. People,
G.R. No. 171437 (2007)].

• Objections relating to the form of the complaint
or information cannot be made for the first time
on appeal.
• The accused should move for a bill of
particulars or for quashal of information before
arraignment, otherwise he is deemed to have
waived his objections to such a defect [People
v. Teodoro, G.R. No. 172372 (2009)]

• Exception: When the defect consists
in the lack of authority of the
prosecutor who filed the information,
as such defect would be jurisdictional.
[Sec. 9, Rule 117]

A. NAME OF THE ACCUSED
The complaint or information must state the name and surname of
the accused or any appellation or nickname by which he has been
or is known.
If his name cannot be ascertained, he must be described under a
fictitious name with a statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or
appears in some other manner to the court, such name shall be
inserted in the complaint or information and record. [Sec. 7, Rule
110]

JOHN DOE INFORMATIONS
• When the information does not
sufficiently describe the accused and
all are described as “John Does,” the
arrest warrants against them are void.
[Pangandaman v. Casar, G.R. No. L-
71782 (1988)]

MISTAKE IN THE NAME OF THE
ACCUSED
• Mistake does not necessarily amount to a
mistake in the identity of the accused
especially when sufficient evidence is
adduced to show that the accused is
pointed to as one of the perpetrators of
the crime. [People v. Amodia, G.R. No.
173791 (2009)]

B. NAME OF THE OFFENDED
PARTY
• 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.
a. In crimes 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

• b. If the true name of the person against whom or
against whose property the offense was committed
is thereafter disclosed or ascertained, the court must
cause such true name to be inserted in the
complaint or information and the record
• c. 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 may be
identified, without need of averring that it is a

C. DATE OF COMMISSION
• General rule: It is not necessary to state the
precise date the offense was committed. The
offense may be alleged to have been
committed on a date as near as possible to the
actual date of the commission.
• Exception: When it is an essential element of
the offense (e.g., abortion, bigamy) [Sec. 11,
Rule 110]

VARIANCE IN ALLEGED DATE FROM
PROVEN IN TRIAL
• General rule: Allegation in an information of a date different
from the one established during trial is not fatal to the
prosecution. It is just deemed supplanted by evidence
presented during trial or may even be corrected by a formal
amendment of the information.
• Exception: Fatal when discrepancy is so great that it
induces the perception that the information and the
evidence are no longer pertaining to one and the same
offense. The defective allegation in the information is struck
down for violating the right of the accused to be informed
[People v. Delfin, G.R. No. 201572 (2014)]

D. PLACE OF COMMISSION
• General rule: The complaint or information is
sufficient if it can be understood from its allegations
that the offense was committed or some of its
essential ingredients occurred at some place within
the jurisdiction of the court.
• Exception: If the particular place where it was
committed constitutes an essential element of the
offense charged or is necessary for its identification
[Sec. 10, Rule 110]

DESIGNATION OF OFFENSE
• The designation of the offense given by the statute
must be stated in the complaint or information with
the averment of acts or omissions constituting the
offense and the attendant qualifying and aggravating
circumstances. If there is no designation of the
offense, reference shall be made to the section or
subsection of the statute punishing it. [Sec. 8, Rule
110]

ENOUGH TO DESCRIBE WITH
SUFFICIENT
PARTICULARITY
• Specific acts of 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 [Guy v.
People, G.R. No. 166794- 96 (2009)]

ALLEGATIONS IN THE COMPLAINT
PREVAIL:
• Over the designation of the offense: The facts, acts or
omissions alleged and not its title, determine the nature of
the crime. The designation is only the prosecutor’s
conclusion [People v. Magdowa, G.R. No. 48457 (1941)]
• Over reference to the section or subsection of the statute
punishing the
crime: What is controlling and determines the nature and
character of the crime charged are the facts alleged in the
information. [Batulanon v. People, G.R. No.139857 (2006)]

CAUSE OF THE ACCUSATION
• The acts or omissions complained of as constituting the
offense and the qualifying and aggravating circumstances
must be stated:
• a. In ordinary and concise language; and
• b. Not necessarily in the language used in the statute; but
• c. In terms sufficient to enable a person of common
understanding to know what offense is being charged, as
well as its qualifying and aggravating circumstances[Sec. 9,
Rule 110]

PURPOSE OF REQUIRING
ALLEGATION OF EVERY ELEMENT
• 1. To enable the court to pronounce proper
judgment
• 2. To furnish the accused with information as
to enable him to make a defense
• 3. As a protection against further prosecution
for the same cause

FAILURE TO ALLEGE:
Any of the elements of the offense: Accused cannot be convicted
of the offense charged, even if the missing elements have been
proven during trial. Even a plea of guilty will not cure such defect,
nor justify conviction.
Qualifying and aggravating circumstances: They are not
considered even if proven during trial [Viray v. People, G.R. No.
205180 (2013)]
• ○ If aggravating circumstances were not alleged, they can still be
the basis for awarding exemplary damages under Art. 2229 (by
way of example or correction for public good) [People v. Dalisay,
G.R. No. 188106 (2009)]

• Note:
The failure to allege such cannot be
cured by an amendment of the
information after the accused entered
his plea [People v. Antonio, G.R. No.
142727 (2002)]]

WHEN HABITUAL DELINQUENCY IS
ALLEGED
• The information must specify:
a. Date of the commission of the previous
crimes
b. The date of last conviction or release
[People v. Venus, G.R. No. 45141 (1936)]

DUPLICITY OF THE OFFENSE;
EXCEPTION
•Duplicity of the offense is the
joinder of two or more separate
and distinct offenses in one and
the same information or complaint
[Loney v. People, G.R. No. 152644
(2006)]

•General rule:
A complaint or information
must charge only one offense.

• Exception: Multiple offenses may be charged when the law prescribes a single
punishment for various offenses [Sec. 13, Rule 110]:
• a. Complex crimes - E.g., Acts committed in furtherance of rebellion are crimes in
themselves but absorbed in the single crime of rebellion [Enrile v. Salazar, G.R. No.
92163 (1990)]
• b. Special complex crimes
• c. Continuous crimes (Requisites:)
• i. Plurality of acts performed separately during a period of time
• ii. Unity of penal provisions violated
• iii. Unity of criminal intent [People v. Ledesma, G.R. No. L-41522 (1976)]

• d. Crimes susceptible of being committed in various modes
• i. The allegations in the information would be regarded as a
description of only one offense and information is not
rendered defective [Jurado v. Suy Yan, G.R. No. L-20714
(1971)]
• e. Crimes of which another offense is an ingredient
• f. When a single act violates different statutes [Loney v.
People, G.R. No. 152644 (2006)]

REMEDY TO DUPLICITY OF
OFFENSE
•Accused must move for the
quashal of the
information before arraignment.
[Sec. 1 and 3, Rule 117]

FAILURE TO FILE MOTION TO
QUASH
•Accused is deemed to have
waived the objection and may be
convicted of as many offenses are
charged and proved. [Sec. 3, Rule
120]

AMENDMENT OR SUBSTITUTION
OF COMPLAINT OR INFORMATION
• Amendment
• A change in either the form or substance of the
same offense in the Information. It is not a new
charge; it just supersedes the original
Information but relates back to the date at
which the original information was filed
[Teehankee Jr. v. Madayag, G.R. No. 103102
(1992)]

• Not all defects in an information may be
cured by an amendment. An Information
which is void ab initio cannot be amended
to obviate a ground for quashal. An
amendment which operates to vest
jurisdiction is impermissible [Leviste v.
Alameda G.R. No. 182677 (2010)]

KINDS OF AMENDMENT
• As to definition:
• 1. FORMAL AMENDMENT- This merely states with
additional precision something which is already contained in
the original information, and which, therefore adds nothing
essential for conviction for the crime charged [Gabionza v.
CA, G.R. No. 140311 (2001)]
• 2. SUBSTANTIAL AMENDMENT- This consists of the
recital of facts constituting the offense charged and
determinative of the jurisdiction of the court [Teehankee v.
Madayag, G.R. No. 103102 (1992)]

BEFORE PLEA OR ARRAIGNMENT
• General rule: Any formal or substantial amendment, made
before the accused enters his plea may be done without
leave of court [Sec. 14, Rule 110]
• Exception: If the amendment downgrades the nature of the
offense charged in, or excludes any accused from, the
complaint/information, it can be made only
• 1. Upon motion of the prosecutor
• 2. With notice to the offended party and
• 3. With leave of court

AFTER PLEA AND DURING TRIAL
• Formal Amendment: Amendment as to
form can only be made under two
conditions:
• 1. With leave of court; and
• 2. It does not cause prejudice to the rights
of the accused [Sec 14, Rule 110]

AFTER PLEA AND DURING TRIAL
• Substantial Amendment:
• General rule:
• Amendment as to substance at this stage of the case is
proscribe [People
v. Zulueta, G.R. No. L-4017 (1951)] since:
• 1. It violates the right to be informed of the nature and
cause of the accusation during his plea [Buhat v. People,
G.R. No. 119601 (1996)]
• 2. It violates the rule

• Cont.
Exception: Amendment may be allowed if it is
beneficial to the accused, [People v. Janairo,
G.R. No. 129254 (2007)]

TEST WHETHER AN AMENDMENT
IS FORMAL
• Whether or not a defense under the original
information would be equally available after
the amendment and whether or not any
evidence the accused might have would be
equally applicable in one form as in the other
[People v. Degamo, G.R. No. 121211 (2003),
citing Teehankee v. Madayag, G.R. No.
103102 (1992)]

VENUE OF CRIMINAL ACTIONS
• General rule: Venue is criminal cases is
jurisdictional. In all criminal prosecutions, the
action must be instituted and tried in the courts
of the municipality or territory where:
• a. The offense was committed, or
• b. Any of its essential ingredients occurred
[Sec. 15(a), Rule 110].

EXCEPTIONS:
CRIME VENUE
Felonies
under Art. 2,
RPC
Proper court where
criminal action was first
filed [Sec. 15, Rule 110]
Those committed on a
railroad train, aircraft, or
any other
public or private vehicle
in the court of its trip
In the court of any municipality or territory
where such train, aircraft, or other vehicle
passed during its trip, including place of
departure and arrival [Sec. 15, Rule
110]

Those committed on board a vessel in the
course of its Voyage
In the proper court of the first port of entry or of
any municipality or territory through which such
vessel passed during its voyage, subject to the
generally accepted principles of international
law [Sec. 15, Rule 110]

INTERVENTION OF OFFENDED
PARTY
• General rule: An offended party has
the right to intervene in the
prosecution of a crime, where the civil
action for recovery of civil liability is
instituted in the criminal action [Sec.
16, Rule 110]

NOTE
Regardless of the intervention, the
prosecution of the case is still subject to
the control of the prosecutor [Ricarze v.
People, G.R. No. 160451 (2007)]

INTERVENTION OF OFFENDED
PARTY
• Exceptions:
• a. Where, from the nature of the crime and the law defining and punishing
it, no civil liability arises in favor of a private offended party (e.g. treason,
rebellion, espionage and contempt) [Rodriguez v. Ponferrada, G.R. No.
155531-34 (2005)]
• b. Where, from the nature of the offense, the private offended party is
entitled to civil indemnity arising therefrom but he has
• 1. Waived the same or
• 2. Expressly reserved his right to institute a separate civil action or
• 3. Already instituted such action [Rodriguez v. Ponferrada, G.R. No.
155531-34 (2005)]

RECAP PER SECTION UNDER RULE
110

RULE 110: PROSECUTION OF
OFFENSES (SECTIONS 1-16)
• 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 of the period of
prescription of the offense charged unless
otherwise provided in special laws. (1a)

• SEC. 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. (2a)

• SEC. 3. Complaint defined.—A 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
violated. (3)

• SEC. 4. Information defined.—An information
is an accusation in writing charging a person
with an offense, subscribed by the prosecutor
and filed with the court. (4a)

• SEC. 5. Who must prosecute criminal actions. — All criminal actions
commenced by a complaint or information shall be prosecuted under
the direction and control of the prosecutor. However, in Municipal Trial
Courts or Municipal Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, the offended party, any peace
officer, or public officer charged with the enforcement of the law
violated may prosecute the case. This authority shall cease upon actual
intervention of the prosecutor or upon elevation of the case to the
Regional Trial Court.
•

• The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the
offended spouse. The offended party cannot
institute criminal prosecution without including the
guilty parties, if both are alive, nor, in any case, if the
offended party has consented to the offense or
pardoned the offenders.

• The offenses 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. If the
offended party dies or becomes incapacitated before she
can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the criminal
action in her behalf.

• The offended party, even if a minor, has the right to initiate the
prosecution of the offenses of seduction, abduction and acts of
lasciviousness independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so. Where
the offended party, who is a minor, fails to file the complaint, her
parents, grandparents, or guardian may file the same. The right to file
the action granted to parents, grandparents, or guardian shall be
exclusive of all other persons and shall be exercised successively in the
order herein provided, except as stated in the preceding paragraph.

• No criminal action for defamation which consists in
the imputation of any of the offenses mentioned
above shall be brought except at the instance of and
upon complaint filed by the offended party. (5a)
• The prosecution for violation of special laws shall be
governed by the provisions thereof.

• SEC. 6. Sufficiency of complaint or information.—A complaint or
information is sufficient if it states the name of the accused; the
designation of the offense given by the statute; the acts or omissions
complained of as constituting the offense; the name of the offended
party; the approximate date of the commission of the offense; and the
place where the offense was committed.
When an offense is committed by more than one person, all of them
shall be included in the complaint or information. (6a)

SEC. 7. Name of the accused.—The complaint or
information must state the name and surname of the
accused or any appellation or nickname by which he
has been or is known. If his name cannot be
ascertained, he must be described under a fictitious
name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed
by him or appears in some other manner to the court,
such true name shall be inserted in the complaint or
information and record. (7a)

• SEC. 8. Designation of the offense.—The complaint
or information shall state the designation of the
offense given by the statute, aver the acts or
omissions constituting the offense, and specify its
qualifying and aggravating circumstances. If there is
no designation of the offense, reference shall be
made to the section or subsection of the statute
punishing it. (8a)

• SEC. 9. Cause of the accusation.—The acts or omissions
complained of as constituting the offense and the qualifying
and aggravating circumstances must be stated in ordinary
and concise language and not necessarily in the language
used in the statute, but in terms sufficient to enable a
person of common understanding to know what offense is
being charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment.
(9a)

• SEC. 10. Place of commission of the offense. —The
complaint or information is sufficient if it can be
understood from its allegations that the offense was
committed or some of its essential ingredients
occurred at some place within the jurisdiction of the
court, unless the particular place where it was
committed constitutes an essential element of the
offense charged or is necessary for its identification.
(10a)

• SEC. 11. Date of commission of the offense. —
It is not necessary to state in the complaint or
information the precise date the offense was
committed except when it is a material
ingredient of the offense. The offense may be
alleged to have been committed on a date as
near as possible to the actual date of its
commission. (11a)

• SEC. 12. Name of the offended party.—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.

• (a) 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.

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

• (c) 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. (12a)

• SEC. 13. Duplicity of the offense.—A
complaint or information must charge
only one offense, except when the law
prescribes a single punishment for
various offenses. (13a)

• SEC. 14. Amendment or substitution.—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.

• 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. The court shall state
its reasons in resolving the motion and copies of its order
shall be furnished all parties, especially the offended party.
(n)

• 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 in accordance with section 19, Rule
119, 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. (14a)

• SEC. 15. Place where action is to be instituted. —
• (a) Subject to existing laws, the 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.

• (b) Where an offense is committed in a train,
aircraft, or other public or private vehicle 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 its trip,
including the place of its departure and arrival.

• (c) 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.

• (d) 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. (15a)

• SEC. 16. Intervention of the offended party in
criminal action.—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. (16a)

• Notes:
• Question: What is the duty of the
public prosecutor if there is a finding of
probable cause? Explain.

• Answer:
Upon finding of probable cause, an
information is filed by the prosecutor
against the accused, in compliance with
the due process of the law.

• It is enshrined in our Bill of Rights that "no person
shall be held to answer for a criminal offense without
due process of law." This includes the right of the
accused to be presumed innocent until proven guilty
and "to be informed of the nature and accusation
against him." (People vs. Feliciano, Jr., et al., G.R. No.
196735, 5 May 2014) (Third Division)[Leonen, J.].

•Question:
What is the test of the sufficiency of
Complaint or Information?

• Answer: The test of sufficiency of Information is
whether it enables a person of common
understanding to know the charge against him, and
the court to render judgment properly. The purpose is
to allow the accused to fully prepare for his defense,
precluding surprises during the trial.18 (People vs.
Feliciano, Jr., et al., supra, citing People vs. Wilson Lab-
ea).

• Question:
For violations of City or Municipal
ordinance, does the filing of the Complaint
with the prosecutor’s office interrupt the
running of the prescriptive period? Explain.

• Answer: No. As provided in the Revised Rules
on Summary Procedure, only the filing of an
Information tolls the prescriptive period where
the crime charged involved is an ordinance.
(Jadewell Parking Systems Corporation vs.
Lidua, Sr., 706 SCRA 724, 7 October 2013)
(Third Division)[Leonen, J.].

• Under Section 9 of the Rules on Summary Procedure, "the complaint
or information shall be filed directly in court without need of a prior
preliminary examination or preliminary investigation." This provision
does not prevent the prosecutor from conducting a preliminary
investigation if he wants to. However, the case shall be deemed
commenced only when it is filed in court, whether or not the
prosecution decides to conduct a preliminary investigation. This
means that the running of the prescriptive period shall be halted on
the date the case is actually filed in court and not on any date before
that.

• This is in consonance with Act No. 3326
which says that the period of prescription
shall be suspended "when proceedings
are instituted against the guilty party." The
proceedings referred to are "judicial
proceedings."

END OF TOPIC ON
JURISDICTION
•Next topic:
Rule 112: Preliminary
Investigation (Sections 1-8)

Rule110_Prosecution-of-Offenses_BSCrim4_ATTY.BJCE-Copy.pptx

Recommended

Recommended

More Related Content

Similar to Rule110_Prosecution-of-Offenses_BSCrim4_ATTY.BJCE-Copy.pptx

Similar to Rule110_Prosecution-of-Offenses_BSCrim4_ATTY.BJCE-Copy.pptx (20)

Recently uploaded

Recently uploaded (20)

Rule110_Prosecution-of-Offenses_BSCrim4_ATTY.BJCE-Copy.pptx