1.) How are criminal actions instituted?

Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required, 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 MTC or the complaint
with the office of the

prosecutor.

2.) What is the effect of the institution of the criminal action (on the period of prescription of the
offense)?

The institution of the criminal action shall interrupt the running of the period of prescription of the
offense unless otherwise provided in special laws. The rule does not apply to violations of municipal
ordinances and special laws. The prescriptive periods for violations of special laws are interrupted only
by the institution of judicial proceedings for their investigation and punishment, while violations of
municipal ordinances prescribe after two months.

3.) May criminal prosecutions be enjoined?

No. Public interest requires that criminal acts must be immediately investigated and prosecuted for the
protection of society.

If yes at what instance?

What are the exceptions to the rule that criminal prosecutions may not be enjoined?

1. To afford adequate protection to constitutional rights of the accused

2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of
actions

3. Where there is a prejudicial question which is subjudice

4. When the acts of the officer are without or in excess of authority

5. Where the prosecution is under an invalid law, ordinance, or regulation

6. When double jeopardy is clearly apparent

7. Where the court had no jurisdiction over the offense

9. Where the charges are manifestly false and motivated by the lust for vengeance

10. When there is clearly no prima facie case against the accused and a motion to quash on that ground
has been denied

11. Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful
arrest of petitioners.

4.) What is a complaint?

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.

5.) What is an information?

An information is an accusation in writing charging a person with an offense, subscribed by the

6.) What is the difference between a complaint and an information?

COMPLAINT INFORMATION

May be signed by the offended party, any peace Always signed by prosecuting officer
officer, or other public officer charged with the
enforcement of the law violated
Sworn to by the person signing it Need not be under oath since the prosecuting
officer filing it is already acting under his oath of
office
May be filed either with the office of the Always filed with the court
prosecutor or with the court

7.) Who must prosecute criminal actions?

The general rule is that all criminal actions commenced by the filing of a complaint or information shall
be prosecuted under the direction and control of the prosecutor. However, in the Municipal Trial Courts
and Municipal Circuit Trial Courts, if the prosecutor is not available, the offended party, any peace
officer, or other officer charged with the enforcement of the law violated may prosecute. This authority
ceases upon actual intervention by a prosecutor or upon elevation of the case to the RTC.

8.) Can the Fiscal refuse the prosecution of an offense?

Yes. “Settled is the rule that the determination of the persons to be prosecuted rests primarily with the
Public Prosecutor who is vested with quasi-judicial discretion in the discharge of this function. Being
vested with such power, he can reconsider his own resolution if he finds that there is reasonable ground
to do so. x x x.

More so, the Court cannot interfere with the Public Prosecutors discretion to determine probable cause
or the propriety of pursuing or not a criminal case when the case is not yet filed in Court, as a general
rule.”

A prosecutor is under no compulsion to file a particular criminal information where he is not convinced
that he has evidence to support the allegations thereof. The exercise of such judgment and discretion
may generally not be compelled by mandamus, except if the prosecutor shows evident bias in filing the
information.

9.) Supposing A was mauled by B. The medical certificate of A indicated that his injury requires a
healing period of 15 days. What should A do to attain justice? Should A first lodge a complaint before
Barangay Conciliation Proceeding?

A may file for less physical injuries in the appropriate court. A can lodge a complaint before Barangay
Conciliation Proceeding because it does not fall within the exceptions stated in The Revised Katarungang
Pambarangay Law under R. A. 7160, otherwise known as the Local Government Code of 1991:

All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay
Law and prior recourse thereto is a pre-condition before filing a complaint in court or any government
offices,  except  in the following disputes:

*these are when amicable settlements are not allowed*

[1] Where one party is the government, or any subdivision or instrumentality thereof;

[2] Where one party is a public officer or employee and the dispute relates to the performance of his
official functions;

[3] Where the dispute involves real properties located in different cities and municipalities, unless the
parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;

[4] Any complaint by or against corporations, partnerships or juridical entities, since only individuals
shall be parties to Barangay conciliation proceedings either as complainants or respondents

[5] Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences
to amicable settlement by an appropriate Lupon;

[6] Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one [1] year or
a fine of over five thousand pesos (P5,000.00);

[7] Offenses where there is no private offended party;

     
[a] Criminal cases where accused is under police custody or detention

[b] Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a
person illegally deprived of or on acting in his behalf;

[c] Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support during the pendency of the action;

[d] Actions which may be barred by the Statute of Limitations. 

[9] Any class of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice;

[10] Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) [Secs. 46 & 47, R. A.
6657];

[11] Labor disputes or controversies arising from employer-employee relations

[12] Actions to annul judgment upon a compromise which may be filed directly in court

10.) What is the rule regarding prosecution of adultery and concubinage?

A complaint for adultery or concubinage may be filed only by the offended spouse.

11.) Who are the persons allowed to file cases for violations of R.A 7610?

Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.
12.) Can a Fiscal refuse to prosecute a crime after his motion to dismiss, anchored on the finding of a
reinvestigation that no probable cause exists, was denied?

No. Once the information is filed in court, the court acquires jurisdiction. Whatever disposition the
prosecutor may feel should be proper in the case thereafter should be addressed for the consideration
of the court, subject only to the limitation that the court should not impair the substantial rights of the
accused or the right of the people to due process.

13.) When is a complaint or information deemed sufficient?

A complaint or information is sufficient if it states:

1. the name of the accused

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

6. the place of the commission of the offense

14.) Supposing that an information was defective because it charged a single accused when in fact
there were two, can it be raised during appeal?

Yes. 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. There can be filing for
mandamus to compel a fiscal to include another co-accused in the information, but before that the
party must first avail himself of other remedies such as the filing of a motion for inclusion.
16.) Supposing the accused was arraigned under a wrong name, will it invalidate the information?

No. The error should be raised before arraignment, or else it is deemed waived. Also, error in the name
of the accused will not nullify the information if it contains sufficient description of the person of the
accused.

17.) What is the rule in the designation of the offense in the complaint?

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 statue
punishing it.

18.) What is the effect of failing to allege qualifying and aggravating circumstance in the information
but established during trial?
They would be considered valid. If the recitals in the complaint or information of the acts and omissions
constituting the offense actually allege the qualifying and aggravating circumstance in the information,
then they can be charged towards the accused. This is because it is the recital of facts and not the
designation of the offense that is controlling.

19.) Supposing the information for Rape failed to describe the certain circumstance as
“aggravating/qualifying” will it be sufficient for the court to appreciate those circumstances?

Yes. As long as the qualifying and aggravating circumstances are 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.

20.) How should acts and omissions constituting offense be described in the information?

The acts or omissions complained of as constituting the offense 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 for the court to pronounce
judgment.

21.) Under what manner should place of commission of the offense be alleged in the information?

The complaint or information is sufficient if it can be understood from its allegations that the offense
was committed or some of the 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 or is necessary for its identification.

22.) Is it indispensable to state the exact date of commission of 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.

23.) How should the offended party be mentioned in the information?

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 of the person against whom or against whose properly the offense was
committed is thereafter disclosed or ascertained, the court must cause the 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. 

24.) Should a complaint or information charge only one offense?

Yes. A complaint or information must charge but one offense, except when the law prescribes a single
punishment for various offenses. 

25.) Is amendment of the information allowed?

YES. BEFORE PLEA, a complaint or information can be amended in form or in substance without leave of
court, except if the amendment will downgrade the offense or drop an accused from the complaint or
information. In such a case, the following requisites must be observed:

1. must be made upon motion of the prosecutor

2. with notice to the offended party

3. with leave of court

4. the court must state its reason in resolving the motion

5. copies of the resolution should be furnished all parties, especially the offended party

AFTER PLEA, only formal amendments may be made only with leave of court and when it can be done
without causing prejudice to the rights of the accused.

26.) What is double jeopardy?

 The rule on double jeopardy means that when a person is charged with an offense and the case is
terminated either by conviction or acquittal,  or  in  any  other  manner  without  the  consent  of  the 
accused,  the  latter  cannot  again  be  charged  with  the  same  or identical offense.

2 Kinds of Jeopardy:

1.    That no person shall be put twice in jeopardy for the same offense 
2.    If  an  act  is  punished  by  a  law  and  an  ordinance,  conviction  or acquittal under either shall
constitute a bar to another prosecution for the same act.

27.) What is the rule on regarding the location of institution of criminal action?

a. In the court of the municipality or territory where the offense was committed or where any of its
essential ingredients occurred (Exception: Sandiganbayan cases)

b. If committed in a train, aircraft, or other public or private vehicle: in the court of any municipality or
territory where the vehicle passed during its trip, including the place of departure or arrival
c. If committed on board a vessel in the course of its voyage: in the court of the first port of entry or of
any municipality or territory where the vessel passed during the voyage, subject to the generally
accepted principles of international law

d. Crimes committed outside the Phil but punishable under Article 2 of the RPC: any court where the
action is first filed.

28.) What is the rule in the intervention of offended party in the criminal case?

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.