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    Criminal Procedure Outline

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    pasmo
    lkloikjkl

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    Criminal Procedure Outline

    Uploaded by

    pasmo
    44 views2 pages
    lkloikjkl

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    lkloikjkl

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    44 views2 pages

    Criminal Procedure Outline

    Uploaded by

    pasmo
    lkloikjkl

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    1|Page LAWYERS IN THE MAKING FROM ST.

    THOMAS MORE SCHOOL OF LAW AND BUSINESS

    case, if the offender has been expressly pardoned


    THE REVISED RULE OF by any of them. If the offended party dies or
    becomes incapacitated before she can file the
    CRIMINAL PROCEDURE complaint, and she has no known parents,
    grandparents or guardian, the State shall initiate
    the criminal action in her behalf.
    RULE 110
    PROSECUTION OF OFFENSES The offended party, even if a minor, has the right
    to initiate the prosecution of the offenses of
    SECTION 1: Institution of criminal actions. seduction, abduction and acts of lasciviousness
    Criminal actions shall be instituted as follows: independently of her parents, grandparents or
    (a) For offenses where a preliminary investigation guardian, unless she is incompetent or incapable of
    is required pursuant to Section 1 of Rule 112, doing so. Where the offended party, who is a
    by filing the complaint with the proper officer minor, fails to file the complaint, her parents,
    for the purpose of conducting the requisite grandparents, or guardian may file the same. The
    preliminary investigation. right to file the action granted to parents,
    (b) For all other offenses, by filing the complaint grandparents, or guardian shall be exclusive of all
    or information directly with the Municipal Trial other persons and shall be exercised successively
    Courts and Municipal Circuit Trial Courts, or in the order herein provided, except as stated in
    the complaint with the office of the the preceding paragraph.
    prosecutor. In Manila and other chartered
    cities, the complaint shall be filed with the No criminal action for defamation which consists in
    office of the prosecutor unless otherwise the imputation of any of the offenses mentioned
    provided in their charters. above shall be brought except at the instance of
    The institution of the criminal action shall and upon complaint filed by the offended party.
    interrupt the period of prescription of the
    offense charged unless otherwise provided in The prosecution of complaints for violation of
    special laws. special laws shall be governed by their provisions
    thereof.
    SECTION 2: The complaint or information. The
    complaint or information shall be in writing, in the SECTION 6: Sufficiency of complaint or
    name of the People of the Philippines and against information. A complaint or information is
    all persons who appear to be responsible for the sufficient if it states the name of the accused; the
    offense involved. designation of the offense given by the statute; the
    acts or omissions complained of as constituting the
    SECTION 3: Complaint defined. A complaint is a offense; the name of the offended party; the
    sworn written statement charging a person with an approximate date of the commission of the
    offense, subscribed by the offended party, any offense; and the place where the offense was
    peace officer, or other public officer charged with committed.
    the enforcement of the law violated.
    When an offense is committed by more than one
    person, all of them shall be included in the
    SECTION 4: Information defined. An information
    complaint or information.
    is an accusation in writing charging a person with
    an offense, subscribed by the prosecutor and filed
    with the court. SECTION 7: Name of the accused. The
    complaint or information must state the name and
    surname of the accused or any appellation or
    SECTION 5: Who must prosecute criminal actions.
    nickname by which he has been or is known. If his
    All criminal actions commenced by a complaint or
    name cannot be ascertained, he must be described
    information shall be prosecuted under the direction
    under a fictitious name with a statement that his
    and control of the prosecutor. In case of heavy
    true name is unknown.
    work schedule of the public prosecutor or in the
    event of lack of public prosecutors, the private
    prosecutor may be authorized in writing by the SECTION 8: Designation of the offense. The
    Chief of the Prosecution Office or the Regional complaint or information shall state the designation
    State Prosecution to prosecute the case subject to of the offense given by the statute, aver the acts
    the approval of the Court. Once so authorized to or omissions constituting the offense, and specify
    prosecute the criminal action, the private its qualifying and aggravating circumstances. If
    prosecutor shall continue to prosecute the case up there is no designation of the offense, reference
    to the end of the trial even in the absence of a shall be made to the section or subsection of the
    public prosecutor, unless the authority is revoked statute punishing it.
    or otherwise withdrawn.
    SECTION 9: Cause of accusation. The acts or
    The crimes of adultery and Concubinage shall not omissions complained of as constituting the offense
    be prosecuted except upon a complaint filed by the and the qualifying and aggravating circumstances
    offended spouse. The offended party cannot must be stated in ordinary and concise language
    institute criminal prosecution without including the and not necessarily in the language used in the
    guilty parties, if both are alive, nor, in any case, if statute but in terms sufficient to enable a person of
    the offended party has consented to the offense or common understanding to know what offense is
    pardoned the offenders. being charged as well as its qualifying and
    aggravating circumstances and for the court to
    The offenses of seduction, abduction and acts of pronounce judgment.
    lasciviousness shall not be prosecuted except upon
    a complaint filed by the offended party or her SECTION 10: Place of commission of the offense.
    parents, grandparents or guardian, nor in any The complaint or information is sufficient if it can
    2|Page LAWYERS IN THE MAKING FROM ST. THOMAS MORE SCHOOL OF LAW AND BUSINESS

    be understood from its allegations that the offense SECTION 1: This


    was committed or some of its essential ingredients
    occurred at some place within the jurisdiction of SECTION 1: This
    the court, unless the particular place where it was
    committed constitutes an essential element of the SECTION 1: This
    offense charged or is necessary for its
    identification.

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