CRIMINAL PROCEDURE NOTES ACS 2022

CHAPTER 1 – PRELIMINARY CONSIDERATIONS The cause of action in a complaint is not what the
designation of the complaint states but what the
I. AN OVERVIEW OF THE CRIMINAL LITIGATION PROCESS allegations in the body of the complaint define and
describe.

- Fundamental postulates required for the study of criminal Authority of the court to hear and try a case
procedure:
Power of the court to decide a controversy
1. All parties are entitled to both substantive and procedural
due process in every step of the litigation process. Includes the power to determine whether or not it has
the authority to hear and determine the controversy
2. Criminal prosecutions involve the obligation of the State to presented and the right to decide whether or not the
prove the elements of the crime charged beyond statement of facts that confer jurisdiction exists as well
reasonable doubt. as other matters that arise in the case legitimately
before the court
3. Compliance with the rules is not an end itself. It is merely a
means of dispensing the ultimate objective of every legal The term imports the power to inquire into facts, to
system, i.e., justice. apply the law and to pronounce the judgment.

- Criminal action is instituted by the State to prosecute a person Power to deal with the general subject involved in the
for an act or omission punishable by law and that a criminal action
offense is deemed to have been committed against a social
order. This explains why the complaint or information filed is in It is a firmly settled doctrine that the subject matter
the name of the “People of the Philippines” and not in the name jurisdiction of a court in criminal matters is measured
of a private person. by the law in effect at the time of the commencement
of a criminal action rather than by the law in effect at
- Civil offense is committed against a private individual or entity the time of the commission of the offense charged.
and affects private not public rights. Hence, the individual whose Neither is it determined by the law in force during the
right has been violated prosecutes the civil action and not the arraignment of the accused.
State.
Other decisions have held that the jurisdiction of a
- Criminal action is judicially commenced by the filing of a criminal court to try a criminal case is determined by the law in
complaint or information. force at the time of the institution of the action.

 Complaint – a sworn written statement subscribed by In criminal cases, jurisdiction of the court is
the persons mentioned in the Rules. determined by the averments of the complaint or
Information, in relation to the law prevailing at the time
 Information – written accusation subscribed by the of the filing of the complaint or Information, and the
prosecutor. penalty provided by law for the crime charged at the
time of its commission.
Types of Jurisdiction/Requisites for the Exercise of Criminal
Jurisdiction  Jurisdiction over the territory – jurisdiction over the
place of the commission of the offense.
 The complaint or information, for the validity of the
judgment, should be filed with the court which This jurisdiction requires the criminal action be filed in
exercises jurisdiction over the offense charged. This the place where the offense was committed or where
jurisdiction is commonly known as jurisdiction over the any of its essential ingredients occurred; otherwise,
subject matter which is conferred by law. It cannot be the court would be deemed acting without jurisdiction
presumed or implied but must appear clearly from the even if, under the law, the offense is one within its
law or it will not be held to exist. The rule, therefore, is subject matter jurisdiction.
that the provisions of the law shall be inquired into.
Territorial jurisdiction in criminal cases is the territory
This jurisdiction is determined by the allegations of the where the court has jurisdiction to take cognizance or
complaint or information. The court will have to to try the offense allegedly committed therein by the
examine the complaint or information for the purpose accused.
of ascertaining whether or not the facts set out therein,
as well as the punishment provided for by law for such  Jurisdiction over the person of the accused – for the
acts, fall within its jurisdiction (imposable penalty). court to acquire this jurisdiction, the accused must
CRIMINAL PROCEDURE NOTES ACS 2022

have been validly arrested or must have voluntarily - Substantive law principle: “Every person criminally liable for
submitted himself to the jurisdiction of that court. a felony is also civilly liable.”

As a consequence of this principle, the civil action for the

Jurisdiction over the person of the accused is acquired recovery of the civil liability arising from the offense
upon his arrest or apprehension, with or without a charged when the criminal action is instituted is also
warrant, or his voluntary appearance of submission to deemed instituted. [General Rule]
the jurisdiction of the court.
Exceptions:
Without this jurisdiction, no valid judgment may be 1. Offended party waives the civil action
rendered against the accused. 2. Reserves the right to institute the same
separately
Authority of the court over the person charged 3. Institutes the civil action prior to the criminal
action
As a rule, one who seeks an affirmative relief is
deemed to have submitted to the jurisdiction of the An independent civil action is not deemed instituted with
court. Filing pleadings seeking affirmative relief the offense charged even if it arises from the same act or
constitutes voluntary appearance and the consequent omission constituting the offense. This is because an
jurisdiction of one’s person to the jurisdiction of the independent civil action is an entirely separate source of
court. Not all acts, however, seeking affirmative relief liability. Existing rules, however, caution that the offended
would constitute a voluntary appearance or party cannot recover damages twice for the same act or
submission to the jurisdiction of the court. omission charged in the criminal action.

 Making a special appearance to question Commission of a crime

the jurisdiction of the court over the person
of the accused (e.g. motion to quash on this - Criminal litigation process presupposes the prior
ground, or motion to quash the warrant of commission of a crime or at least the perception that a
arrest) crime has been committed.
 Making a special appearance to challenge
the jurisdiction of the court over the person - When a crime is committed, there is an offender and a
of the accused is not tantamount to estoppel victim. However, a crime may also be committed by the
or waiver of the objection. Neither it is a mere possession of goods or things prohibited by law.
voluntary submission to the jurisdiction of Contact with the law
the court.
 Where the appearance is by motion for the - Rules on criminal procedure come into operation only when
purpose of objecting to the jurisdiction of the acts are initiated that would put the offender in contact with
court over the person, it must be for the sole the law or the criminal justice system. Mere commission of
and separate purpose of objecting to said a crime does not automatically trigger the application of the
jurisdiction. If the appearance is for any rules on criminal procedure.
other purpose, the defendant is deemed to
have submitted himself to the jurisdiction of - Contact with the law may start when the criminal act is
the court. Such appearance gives brought to the attention of law enforcement authorities and
jurisdiction to the court over the person. the offender is arrested, either by virtue of a duly issued
warrant or valid warrantless arrest.
The voluntary submission of the accused to the
jurisdiction of the court is accomplished either by his
pleading to the merits such as by filing a motion to Institution of the criminal action; preliminary investigation
quash or other pleadings requiring the exercise of the
court’s jurisdiction, appearing for arraignment or - After the offender’s initial contact with the law, the
entering trial. aggrieved party or the arresting officer may initiate the filing
of a complaint directly with the trial court or with a proper
Voluntary submission may also be effected through officer for purposes of preliminary investigation.
some other acts as when he enters into a counsel-
assisted plea and actively participates in the trial and Not all cases require preliminary investigation. Under
presents evidence for the defense. Also, by his filing current rules, either the direct filing of a complaint or
of a motion for determination of probable cause, the information in court, or the filing of a complaint with the
court acquired jurisdiction over the person of the investigating officer for the purpose of conducting a
accused. preliminary investigation, is an accepted mode of instituting
a criminal action.
CRIMINAL PROCEDURE NOTES ACS 2022

prosecution authority. Without such, no

Knowing when the criminal action is instituted is significant complaint or information may be filed or
for the application of the rule on prescription of action. The dismissed by the investigating prosecutor.
prevailing rule declares that “The institution of the criminal
action shall interrupt the period of the offense charged  Resolution may be further subject to review
unless otherwise provided in special laws.” by the Secretary of Justice in accordance
with the Rules of Court and existing DOJ
If offense requires a preliminary investigation – criminal rules on appeal. Secretary may reverse or
action is instituted by filing a complaint with the proper modify the resolution of the prosecutor.
officer for purposes of preliminary investigation.
- When the criminal action is filed in court, any disposition of
 Penalty prescribed law for the offense is at the case now rests within the exclusive jurisdiction and
least 4 years, 2 months and 1 day discretion of said court. Any motion by the prosecution to
withdraw the information will now solely be addressed to
For offenses where no preliminary investigation is judicial discretion and determination. Any dismissal
mandated by the Rules – action is instituted by filing the authorized by the court must be based on the court’s own
complaint or information directly with the first level court independent assessment or evaluation of the merits of the
(MTC) or by filing a complaint with the office of the case.
prosecutor depending on the charter of the place where the
offense was committed. - Cases which do not require preliminary investigation:

- Preliminary investigation – inquiry aimed at determining  Penalty is less than 4 years, 2 months and 1
whether a crime has been committed, whether the person day
complained of is probably guilty thereof and, hence, must
be held for trial. In short, investigation is aimed at finding a  Complaint may be filed for the purpose of
probable cause to charged the respondent in court. evaluating the evidence of the complainant:

- Complaint filed before the investigating officer is distinct o Directly with the Municipal Trial Court;
from the complaint filed before the court. The former refers or
to the complaint that initiates a preliminary investigation
while the latter refers to the one which commences the  Court shall evaluate the
judicial proceedings against the accused. evidence submitted which
may consist of their affidavits
- Once the complaint has been filed with the investigating and other supporting
prosecutor for the purpose of preliminary investigation, the documents that would
prosecutor must evaluate the complaint and its establish probable cause
accompanying evidence.
 Rule grants the court the
 Dismiss the complaint – finds no ground to option to conduct a written
continue the investigation personal examination under
oath of the complainant and
 Issue a subpoena to respondent – finds a his witnesses since no prior
reason to proceed with the investigation preliminary investigation has
been conducted on the case.
o Respondent shall submit his counter- Such examination shall be in
affidavit and those of his witness and the form of searching
supporting documents relied upon for questions and answers.
his defense.
o Respondent is not allowed to file a
motion to dismiss in lieu of the Preliminary Examination –
submission of counter-affidavit. determination of probable
cause by the court and is
- After the required preliminary investigation has been conducted to determine
completed, the investigating prosecutor may either whether or not the court shall
recommend the dismissal of the complaint or the filing of an issue a warrant of arrest
information in court with an accompanying resolution to that against the accused.
effect.
 Resolution must have the written authority or Distinct from preliminary
approval of the higher officer in the investigation because the
CRIMINAL PROCEDURE NOTES ACS 2022

latter has purpose of

determining whether or not Duty of the court upon the filing of the complaint or information
the respondent is probably
guilty of the offense and - Under the Rules, the judge is required within 10 days from
should be made to stand to the filing of such complaint or information to personally
trial. evaluate the resolution of the prosecutor and the evidence
supporting said resolution. (Preliminary Examination)
Preliminary examination is a
judicial function. Preliminary - No probable cause – dismiss the case
investigation is an executive
function performed through - Finds probable cause – issue a warrant of arrest,
the Department of Justice. commitment order or summons

o Directly with the prosecutor - Personal examination is not required when the case had
undergone a preliminary investigation. Personal
 Act on the complaint based examination option only exists in case there is a direct filing
on the supporting affidavits in court of a criminal complaint or information
and other supporting
documents submitted by him Availment of provisional remedies
and his witnesses
- When the complaint or information is filed and the civil
 Prosecutor may either action arising from the offense charged is properly
dismiss the complaint or file instituted in accordance with the Rules, the prosecution
the information in court may avail of the provisional remedies available in civil
actions (e.g. attach the property of the accused as security
o No probable cause – dismiss the case for the satisfaction of judgments, support pendente lite)

o Finds probable cause – issue a warrant Bail

of arrest or commitment order or
summons - The accused, who is now in jail, by virtue of his arrest or
voluntary surrender, may gain temporary liberty by availing
- A lawful and warrantless arrest dispenses the need for a of the right to bail. Bail may be availed of only after the
preliminary investigation. Even if no preliminary filing of the complaint or information.
investigation is held, the complaint or information may,
nevertheless, be filed by the prosecutor as long as an - Bail – a security to guarantee the appearance of the
inquest has been conducted which presupposes the accused before the court. It is also the security given for
availability of the inquest prosecutor. the release of a person under the custody of the law.

Where an inquest prosecutor is not available, the complaint - May be in the form of corporate surety, property bond,
may be filed by the offended party or peace officer directly cash deposit or recognizance
with the proper court, depending on the imposable for the
offense, on the basis of the affidavit of such offended party - A person may apply for bail before or after he is formally
or arresting officer or person. charged. No bail shall be allowed after a judgment of
conviction has become final.
Under existing rules of the DOJ, the inquest prosecutor,
may, instead of filing the criminal action, release the person - An application for or admission to bail shall not bar the
for further proceedings. This occurs, when for instance, the accused from challenging the validity of his arrest or the
prosecutor finds that the arrest made does not comply with legality of the warrant issued for his arrest provided that the
the rules on a valid arrest. raises his objections before entering his plea.
However, this rule is not absolute. The person arrested
before a complaint or information is filed may ask for a - Bail as a matter of right:
preliminary investigation. However, he can do so after
validly signing a waiver of the provisions of Art 125 of the  Before or after conviction of the accused in the MTC
RPC. Notwithstanding the waiver, he may apply for bail or RTC provided he is charged with an offense not
before he is charged in court as allowed by the rule. punishable by death, reclusion perpetua or life
imprisonment.
Even after the information is filed, the rule allows the
accused to ask for a preliminary investigation as long as it - Bail as a matter of judicial discretion:
is made within 5 days from the time he learns of its filing.
CRIMINAL PROCEDURE NOTES ACS 2022

 If convicted already provided the offense is not  Move for the suspension of the arraignment – when
punishable by death, reclusion perpetua or life justifiable reasons do exist for its suspension
imprisonment.

- Even if charged with an offense punishable by death,  Move to quash – dismiss the complaint or information
reclusion perpetua or life imprisonment, the offender may
be granted bail provided the evidence of his guilt is not
strong. o Must be in writing and signed by the
accused or his counsel and distinctly
specifies both factual and legal grounds
relied upon for the dismissal

Arraignment o Move to quash is based on grounds

provided for by the Rules
- Arraignment – formal mode and manner of implementing
the constitutional right of an accused to be informed of the o Failure to file a motion is deemed a waiver
nature and cause of the accusation against him. of the grounds not invoked

Arraignment shall be set whether or not the accused is Exceptions:

under detention or out on bail. If before his arraignment, the a) Facts charged do not constitute an
accused escapes, the court has no authority to try him in offense
absentia. b) Court trying the case has no
jurisdiction over the offense
- Rule requires the presence of the accused for him to charged
personally enter his plea. c) Criminal action or liability has
been extinguished
- Made in open court by the judge or clerk d) Accused shall be placed in double
jeopardy
- Consists in furnishing the accused with a copy of the
complaint or information, the reading of the same in a
language he understands, and asking him whether he  Challenge the validity of his arrest, the legality of the
pleads guilty or not warrant issued for his arrest, assail the absence or
regularity of a preliminary investigation
- Plea of not guilty:
- Court may or may not grant the motion. Pursuant to the
 Accused refuses to plead Rules, an order sustaining the motion to quash is not a bar
 He makes a conditional plea to another prosecution for the same offense unless the
motion is based on the extinguishment of the criminal
- Plea deemed withdrawn: action, or liability or that the accused shall be placed in
double jeopardy.
 Accused pleads guilty but at the same time presents
- If the complaint or information is not dismissed or quashed,
exculpatory evidence like self-defense
and a subsequent plea of not guilty is entered, then the
 He makes a conditional plea
case shall be set for pre-trial.
- Plea of guilty to a lesser offense:
Pre-Trial
 To merit the approval of court for this kind of plea, the
lesser offense must be one which is necessarily - After the arraignment and within 30 days from the date the
included in the offense charged court acquires jurisdiction over the person of the accused,
 Requires consent of both the offended party and the the court shall order the mandatory trial conference to
prosecutor consider certain matters including plea bargaining,
stipulation of facts and such other matters that will promote
- Options of accused before arraignment and plea: a fair and expeditious trial of the criminal and civil aspects
of the case.
 Move for a bill of particulars – if there are defects in
the information or complaint which prevent him from - No evidence shall be presented and offered during the trial
properly pleading to the charge and preparing for the other than those identified and marked during the pre-trial
trial except when allowed by the court for good cause shown.
 CRIMINAL PROCEDURE NOTES ACS 2022

- After pre-trial conference, the court shall issue an order - Judgment is promulgated by reading it in the presence of
reciting the actions taken, facts stipulated and the evidence the accused and any judge of the court in which it was
marked. This order shall bind the parties. rendered, unless it is for a light offense, in which case, the
judgment may be pronounced in the presence of his
- All agreements or admissions made or entered during the counsel or representative.
pre-trial conference shall be reduced in writing and signed
by the accused and counsel; otherwise they cannot be - If the judgment is for conviction and accused unjustifiably
used against the accused. fails to appear during promulgation of judgment, he shall
lose the remedies against the judgment. The only way for
him to regain the right to avail of such remedies is to
surrender within 15 days from the promulgation of the
judgment and file a motion for leave to avail of the
Trial remedies.

- Trial shall commence within 30 days from the receipt of the

pre-trial order. Post-judgment remedies

- If the accused is not brought to trial within the time limit set - Period to appeal is 15 days from notice of the judgment or
by the Supreme Court from arraignment to trial, the final order. As a rule, after the lapse of the period, the
information may be dismissed on motion of the accused on judgment of conviction becomes final.
the ground of denial of his right to speedy trial. Failure to do
so shall constitute a waiver of the right to have the - Accused may file amotion for the modification of the
information dismissed under the provision authorizing the judgment or for the setting aside of the same before the
dismissal. judgment becomes final or before an appeal is perfected

- Normally, trial begins with prosecution presenting its - Also, within the same period, the judge may motu proprio
evidence but when the accused admits the act or omission or upon motion, with hearing in either case, reopen the
charged but interposes a lawful defense, the order of trial proceedings to avoid a miscarriage of justice.
may be modified or reversed. In such case, the accused
shall be allowed to present his evidence ahead of that of - Motion for a new trial – predicated upon errors of law or
the prosecution. irregularities during the trial and the discovery of new or
material evidence
- When the prosecution rests its case, it is now the turn of
the accused to present his evidence to prove his defense. - Motion for reconsideration – filed on the grounds of errors
However, he may also choose to move instead to dismiss of law or fact in the judgment
the case by presenting a demurrer of evidence on the
ground of insufficiency of evidence. Demurrer may be - The court may also in its own motion with the consent of
presented with or without leave of court. the accused grant a new trial or reconsideration.

- If demurrer to evidence filed with leave of court is denied, - When the motion for new trial or reconsideration is denied,
accused may adduce evidence in his defense but shall accused may file an appeal with a fresh period of 15 days
waive the right to present evidence if the demurrer filed from notice of the denial of the motion. Same rule applies
without leave of court is denied. to civil cases.

- Upon admission of evidence of the parties, the case shall - Before the finality of the judgment, accused may also
be deemed submitted for decision unless the court directs appeal from a judgment of conviction in accordance with
them to argue orally or to submit written memoranda. the procedure set forth in the Rules.

Judgment - Rules on appeal shall normally follow the doctrine of

hierarchy of courts.
- Judgment – adjudication by the court on the guilt or
innocence of the accused and the imposition on him of the - The appeal to the RTC or to the COA in cases decided by
proper penalty and civil liability, if any. the RTC, in the exercise of its original jurisdiction, shall be
- Required to be written in the official language, personally by notice of appeal filed with the court which rendered the
and directly prepared by the judge and signed by him and judgment or final order appealed from.
shall contain clearly and distinctly a statement of the facts
and the law upon which it is based.
- The appeal to the COA in cases decided by the RTC in the
exercise of its appellate jurisdiction shall be by petition for
review under Rule 42.
 CRIMINAL PROCEDURE NOTES ACS 2022

hears them impartially and renders only judgment

- Decisions and final orders of the Sandiganbayan shall be after the trial
appealable to the Supreme Court by petition for review on  Accusation starts with a formal indictment the
certiorari in accordance with Rule 45 of the Rules of Court. allegations in which must be proven beyond
Entry of Judgment reasonable doubt
 Court in this system has a passive role and relies
- When all remedies have been exhausted and the judgment largely on the evidence presented by both sides
has become final
c) Mixed System

Liberal Interpretation of the Rules

- Rules on criminal procedure shall be “liberally construed in

order to promote their objective of securing a just, speedy
and inexpensive disposition of every action and
II. BASIC CONCEPTS proceeding” [Sec 6, Rule 1, Rules of Court]

Principle of adherence of jurisdiction or continuing jurisdiction

Concept of Criminal Procedure
- Jurisdiction of the court is referred to as “continuing” in view
- Criminal Procedure: of the general principle that once a court has acquired
jurisdiction, that jurisdiction continues until the court has
 Method provided for by the Rules of Court not done all that it can do in the exercise of that jurisdiction.
only for the apprehension and prosecution of
persons who commit crimes but also for the - Once a court acquires jurisdiction, it may not be ousted
imposition of the proper penalty in case of their from the case by any subsequent events, such as a new
conviction legislation placing such proceedings under the jurisdiction
of another tribunal. The only recognized exceptions to the
 Generic term to describe the network of laws and rule arise when: (a) there is an express provision in the
rules which governs the procedural statute, or (b) the statute is clearly intended to apply to
administration of justice actions pending before its enactment.

 Treats of the rules and processes by which the

criminal laws are enforced and by which the Objections on jurisdictional grounds
State prosecutes persons who violate such laws
- The rule is settled that an objection based on the ground
Ultimate goal of criminal procedure that the court lacks jurisdiction over the subject matter may
be raised or considered motu proprio by the court at any
- Harmonizing the governmental functions of maintaining stage of the proceedings or on appeal. Hence, the
peace and order and protecting the constitutional rights of questions of jurisdiction may be cognizable even if raised
its citizens for the first time on appeal.

Systems of Criminal Procedure - Right to raise the issue of jurisdiction has its limitations. A
party cannot invoke the jurisdiction of the court to secure
a) Inquisitorial System; the affirmative relief against his opponent and after
obtaining or failing to obtain such relief, repudiate or
 Court plays a very active role and is not limited to question the same jurisdiction.
the evidence presented before it
 Judge or group of judges actively participates in - While jurisdiction of a tribunal may be challenged at any
the gathering of facts and evidence and steers time, sound public policy bars one from doing so after their
the course of the proceedings having procured that jurisdiction, speculating on the
 Counsels have less active roles fortunes of litigation.

b) Accusatorial or Adversarial System; - In Tijam v Sibonghanoy, 23 SCRA 29, the Court ruled that
a party may be estopped from questioning the jurisdiction
 System in our jurisdiction of the court for reasons pf public policy as when he initially
 Contemplates two contending parties, invokes the jurisdiction of the court and then later on
prosecution and defense, before the court which repudiates that same jurisdiction. This doctrine of estoppel
is an exception and not the general rule.
 CRIMINAL PROCEDURE NOTES ACS 2022

Custody of the Law versus jurisdiction over the person; objecting to performance of an act which the law specifically enjoins as
the legality of the arrest a duty resulting from an office, trust or station.”

- Being in the custody of law signifies restraint on the person, - The moment the prosecutor finds one to be liable for a
who is thereby deprived of his own will and liberty, binding crime, it becomes his inescapable duty to charge him
him to become obedient to the will of the law. Custody of therewith and to prosecute him for the same. In such a
the law is literally custody over the body of the accused. It situation, rule loses its discretionary character and
includes, but is not limited to detention. becomes mandatory.

- Custody of law is not required for the adjudication of reliefs

except in application for bail which requires that the III. CRIMINAL JURISDICTION OF TRIAL COURTS
applicant be under the custody of the law before the
application may be acted upon. A. Criminal Jurisdiction of the Municipal Trial Court, Municipal
Circuit Trial Court, and Metropolitan Trial Court (MTC)
- Under Sec 26 of Rule 114, an application for or admission
to bail shall not bar the accused from challenging the - Except in cases falling within the exclusive original
validity of his arrest or the legality of the warrant issued jurisdiction of the Regional Trial Court and of the
therefor, or from assailing the regularity or questioning the Sandiganbayan, the MTC shall exercise the following
absence of a preliminary investigation of the charge against criminal jurisdiction:
him, provided that he raised them before entering his plea.
a) Exclusive original jurisdiction over all violations of city or
Injunction to Restrain the Criminal Prosecution municipal ordinances committed within their respective
territorial jurisdiction;
- General Rule: Injunction cannot be used to thwart criminal
prosecutions because it is public interest to investigate b) Exclusive original jurisdiction over all offenses punishable
criminal acts and prosecute the perpetrators. This
with imprisonment not exceeding 6 years irrespective of the
injunction applies to either a preliminary or final injunction.
amount of fine and regardless of other imposable or
- Exceptions: accessory penalties including civil liability arising from such
offenses irrespective of kind, nature, value or amount;
a) Injunction is necessary to afford adequate protection to the
constitutional rights of the accused Under Art 27 of the RPC, prison mayor shall be from 6
b) When it is necessary for the orderly administration of years and 1 day to 12 years. Hence, MTC cannot take
justice or to avoid oppression or multiplicity of actions cognizance of cases punishable by prison mayor or higher
c) When there is a prejudicial question which is subjudice but can assume jurisdiction over offenses punishable by
d) When the acts of the officer are without or in excess of not more than prison correccional which imposes a penalty
authority of imprisonment to a maximum of 6 years except when
e) Where the prosecution is under an invalid law, ordinance or expressly vested by law in the RTC or Sandiganbayan (e.g.
regulation libel, direct bribery, indirect bribery).
f) When double jeopardy is clearly apparent
g) Where the court has no jurisdiction over the offense
c) Exclusive original jurisdiction over offenses involving
h) Where it is a case of persecution rather than prosecution
i) Where the charges are manifestly false and motivated by damage to property through criminal negligence
the lust for vengeance
j) When there is clearly no prima facie case against the d) Violation of B.P. 22 which as per A.M. No. 00-11-01-SC,
accused and a motion to quash on that ground has been effective April 15, 2003, shall be governed by the Rules on
denied Summary Procedure in criminal cases

Mandamus to Compel Prosecution e) Summary procedure in certain cases

- Public prosecutor exercises a wide latitude of discretion in f) Special jurisdiction to decide on application for bail in
determining whether a criminal case shall be filed in court criminal cases in the absence of all RTC judges in a
and the courts must respect the exercise of such discretion. province or a city
Mandamus, therefore, will, as a rule, not lie to compel
criminal prosecution. Summary procedure in criminal cases

- Mandamus is a remedial measure for parties aggrieved - The Metropolitan Trial Courts, the Municipal Trial Courts in
which shall be issued when “any tribunal, corporation, Cities, the Municipal Trial Courts and the Municipal Circuit
board, officer or person unlawfully neglects the Trial Courts shall have jurisdiction over cases falling under
CRIMINAL PROCEDURE NOTES ACS 2022

summary procedure committed within their jurisdiction. - During trial, an actual direct examination of the witnesses is
[Sec 1, The 1991 Rule on Summary Procedure] not required because the affidavits submitted by the parties
shall constitute their direct testimonies. The witnesses,
- Cases subject to summary procedure: however, may be subjected to a cross-examination, re-
direct examination or re-cross examination.
a) Violation of traffic laws, rules and regulations
b) Violations of the rental law - Should the affiant fail to testify, his affidavit shall not be
c) B.P. 22 cases considered as competent evidence for the party presenting
d) Violations of municipal or city ordinance the affidavit. However, the adverse party may utilize the
e) All other criminal cases where the penalty same for nay admissible purpose.
prescribed by law for the offense charged is
imprisonment not exceeding 6 months, or a fine - The court is mandated not to order the arrest of the
not exceeding Php 1,000, or both, irrespective of accused except where the ground is his failure to appear
other imposable penalties, accessory or when required by the court. If he is arrested, he may be
otherwise, or of the civil liability arising therefrom; released on bail or on recognizance by a responsible
and citizen acceptable to the court.
f) Offense involving damage to property through the
criminal negligence where imposable fine does - Where a trial has been conducted, the court shall
not exceed Php 10,000 pesos promulgate the judgment not later than 30 days after
termination of the trial.

- Filing of criminal cases under summary procedure may Prohibited pleadings, motions and petitions in summary procedure in
either be by complaint or information which shall be civil and criminal cases
accompanied by affidavits of the complainant and his
witnesses in such number of copies as there are accused a) Motion to quash the complaint or information or motion to
plus two (2) copies of the court’s files. This requirement has dismiss the complaint except if the ground is lack of
to be complied with 5 days from the filing of the cases, jurisdiction over the subject matter or failure to comply with
otherwise the same may be dismissed. the barangay conciliation proceedings

In Metro Manila and other chartered cities, the filing shall b) Motion for bill of particulars
be by information except when the offense is one which
cannot be prosecuted de officio. c) Motion for new trial, or for consideration of a judgment or
for reopening of a trial
Affidavits shall state only facts of direct personal knowledge
of the affiants. The affidavit shall also show the d) Petition for relief from judgment
competence of the affiants to testify to the matters stated
therein. e) Motion for extension of time to file pleadings, affidavits or
any other paper
- If no cause or ground, dismiss the case. Otherwise,
accused shall be set for arraignment and trial. f) Memoranda

- Before conducting the trial, the court shall call the parties to g) Petition for certiorari, mandamus or prohibition against any
a preliminary conference during which the following may be interlocutory order issued by the court
done:
h) Motion to declare the defendant in default
a) Entering into stipulation of facts
b) Considering the propriety of allowing the accused i) Dilatory motions for postponement
to enter a pleas of guilty to a lesser offense; or
c) Taking up such other matters to clarify the issues j) Reply
and to ensure a speedy disposition of the case
k) Third-party complaints
Any admission of the accused made during the preliminary
conference must be reduced to writing and signed by the l) Interventions
accused and his counsel.
B. Criminal Jurisdiction of the Regional Trial Court (RTC)
CRIMINAL PROCEDURE NOTES ACS 2022

accused and the commission of the offense

a. Exclusive original jurisdiction in all criminal cases not charged, in order to qualify the crime as having
within the exclusive jurisdiction or any court, tribunal or been committed in relation to public office.
body, except those now falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan c) Civil and criminal cases filed pursuant to and in connection
with EO Nos. 1, 2, 14 and 14-A issued in 1986
b. Original jurisdiction in the issuance of writes of certiorari,
prohibition, mandamus, quo warranto, habeas corpus and - Sandiganbayan shall exercise exclusive appellate
injunction enforceable in any part of their respective jurisdiction over final judgments, resolutions or orders of
regions regional trial courts whether in the exercise of their own
original jurisdiction or of their appellate jurisdiction as
c. Appellate jurisdiction over all cases decided by the MTC herein provided.
within its territorial jurisdiction
- Sandiganbayan shall have exclusive original jurisdiction
d. Special jurisdiction of certain branches to handle over petitions for the issuance of the writs of mandamus,
exclusively criminal cases as may be determined by the prohibition, certiorari, habeas corpus, injunctions, and other
Supreme Court ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including
e. Jurisdiction over criminal cases under specific laws quo warranto, arising or that may arise in cases filed or
C. Criminal Jurisdiction of the Sandiganbayan which may be filed under EO Nos. 1, 2, 14 and 14-A issued
(P.D. 1606, as amended by R.A. 7975 and R.A. 8249) in 1986: Provided that the jurisdiction over these petitions
shall not be the exclusive of the Supreme Court
- Sandiganbayan shall exercised original jurisdiction in all
cases involving: - If public office is a constituent element of the crime charged
as provided for the by the statute, there is no need for the
a) Violation of RA 3019 (Anti-Graft and Corrupt Practices) and information to state the specific factual obligations of the
RA 1379, Chapter II, Section 2, Title VII, Book II of the intimacy between the office and the crime charged.
Revised Penal Code, where one or more of the accused
are officials occupying the following positions in the - In cases where public office is not a constituent element,
government, whether in a permanent, acting or interim the information has to contain specific factual allegations
capacity, at the time of the commission of the offense: showing the intimate connection between offense charged
and the public office of the accused
 Officials of the executive branch occupying the
positions of regional director and higher, otherwise
classified as Grade “27” and higher of the
Compensation and Position Classification Act of 1989
(RA 6758)

 Members of Congress and officials thereof classified

as Grade “27” and up under the Compensation and
Position Classification Act of 1989

 Members of the judiciary without prejudice to the

provisions of the Constitution

 All other national and local officials classified as Grade

“27” and higher under RA 6758

b) Other offenses or felonies whether simple or complexed

with other crimes committed by the public officials and
employees mentioned in subsection “a” of this section in
relation to their office
 Information must contain the specific factual
allegations that would indicate the close intimacy
between the discharge of the official duties of the
 CRIMINAL PROCEDURE NOTES ACS 2022

b) If not required:
1. By filing the complaint or information directly with
the Municipal Trial Court and Municipal Circuit
Trial Court;
2. By filing the complaint with the office of the
prosecutor

Exception:

In Manila and other chartered cities, “the complaint shall be filed with
the office of the prosecutor unless otherwise provided in their
chapters.”

In case the charter of a city provides otherwise, the charter shall

prevail over the Rules of Court, the former being substantive law.

Effect of the institution of the criminal action on the prescriptive

period

General Rule: Shall interrupt the period of prescription of the offense

charged
CHAPTER 2 – PROSECUTION OF OFFENSES
Exception:
I. INSTITUTION OF CRIMINAL ACTION
Unless otherwise provided by special laws

Purpose of the criminal action; Role of the private offended party [Sec 1, Rule 110, Rules of Court]

- General Rule: There is no direct filing of an information or complaint

- Purpose: To determine the liability of the accused and with the Regional Trial Court under Rule 110 because its jurisdiction
punish him for the crime committed covers offenses which require preliminary investigation.

Exception: In the absence or unavailability of an inquest prosecutor,

- Parties to the action are the People of the Philippines and the complaint may be filed by the offended party or by a peace officer
the accused directly with the proper court on the basis of the affidavit of the
offended party or the arresting officer or person. [Sec 6, Rule 112,
- Private offended party is regarded merely as a witness for Rules of Court]
the state; His interest is limited to civil liability
Rule on prescription for violations of municipal ordinances and
How criminal actions are instituted special laws; prevailing rule
Preliminary Investigation – inquiry or proceeding to determine Act 3326, as amended, governs the period for prescription for
whether there is sufficient ground to engender a well-founded belief violations penalized by special acts and municipal ordinances.
that a crime has been committed and the respondent is probably
guilty thereof and should be held for trial [Sec 1, Rule 112, Rules of Irrespective of whether the offense charged is punishable by the
Court] Revised Penal Code or by a special law, it is the filing of the
complaint or information in the office of the public prosecutor for
- Required for an offense where the penalty described purposes of preliminary investigation that interrupts the period of
by law is at least 4 years, 2 months and 1 day without prescription. [Disini v. Sandiganbayan. G.R. Nos. 169823-24,
regard to the fine September 11, 2013]
Institution depends on whether preliminary investigation is required: Interruption of period of prescription even if the court is without
General Rule: jurisdiction

a) If required: Running of period of prescription is interrupted with the filing of the

1. By filing the complaint with the proper officer for action even if the court in which action was first filed is without
the purpose of conducting the requisite jurisdiction.
preliminary investigation II. PROSECUTION OF THE CRIMINAL ACTION
 CRIMINAL PROCEDURE NOTES ACS 2022

Who must prosecute the criminal action; who controls the In criminal cases, the Solicitor General is regarded as the appellate
prosecution counsel of the People of the Philippines and should be given the
opportunity to be heard in behalf of the People.
A criminal action is prosecuted under the direction and control of the
public prosecutor. A private party does not have the legal personality While a private prosecutor may be allowed to intervene in criminal
to prosecute the criminal aspect of a case, as it is the People of the proceedings on appeal in the Court of Appeals or the Supreme Court,
Philippines who are the real parties in interest in a criminal case. his participation is subordinate to the interest of the People; hence,
he cannot be permitted to adopt a position contrary to that of the
The rationale for the rule is that since a criminal offense is an outrage Solicitor General.
against the sovereignty of the State. The rule is also founded on the
theory that a crime is a breach of the security and peace of the If there is a dismissal of a criminal case by the trial court or if there is
people at large. an acquittal of the accused, it is only the OSG that may bring an
appeal on the criminal aspect representing the People. The rationale
Consequences of the rule that a criminal action is prosecuted under therefore is rooted in the principle that the party affected by the
the direction and control of the public prosecutor dismissal of the criminal action is the People. For this reason, the
People, are therefore, deemed as the real parties in interest of the
Public prosecutor has the power and discretion to:
criminal case and, therefore, only the OSG can represent them in
a) Determine whether a prima facie case exists
criminal proceedings pending in the CA or in the Supreme Court. In
b) Decide which of the conflicting testimonies should be
believed free from interference or control of the offended view of the corollary principle that every action must be prosecuted or
party defended in the name of the real party-in-interest, who stands to be
c) Subject only to the right against self-incrimination, benefited or injured by the judgment in the suit, or by the party
determination which witnesses to present in court entitled to the avails of the suit, an appeal of criminal case not filed by
The right to prosecute vests with the prosecutor with a wide range of the People as represented by the OSG is perforce dismissible. The
discretion, the discretion of whether, what and whom to charge, the private complainant or the offended party may, however, file an
exercise of which depends on factors which are best appreciated by appeal without the intervention of the OSG but only insofar as the
prosecutors. The only possible exception to the rule is where there is civil liability of the accused is concerned. The real parties in interest
an unmistakable showing of a grave abuse of discretion on the part in the civil aspect of a decision are the offended party and the
of the prosecutor. accused. The acquittal ends the work of the public prosecutor and
the case is terminated as far as he is concerned.
Public prosecutor may turn over the actual prosecution of the criminal
case to the private prosecutor but he may at any time take over the The litmus test, therefore, in ascertaining the propriety of the petition
actual conduct of the trial. for certiorari filed by the petitioner, is whether or not the petition
refers to the civil aspect of the case.
Presence of a public prosecutor in the trial of criminal cases is
necessary to protect vital State interests. Exception to the general rule:
Prosecution of a criminal action in the Municipal Trial Court or In instances below, the Court permitted the offended party to seek a
Municipal Circuit Trial Court review of the criminal aspect of the case without intervention of the
Solicitor General:
Shall also be prosecuted under the direction and control of the
prosecutor. [Section 5, Rule 110, Rules of Court] a) When there is a denial of due process of law to the
prosecution and the State or its agents refuse to act on the
However, when the prosecutor assigned is not available, the action case to the prejudice of the State and the private offended
may be prosecuted by: party
a) The offended party; b) When there is a grave error committed by the judge; or
b) Any peace officer; c) When the interest of justice so requires
c) Public officer charged with the enforcement of the law d) When the challenged order affected the interest of the
violated State or People
e) Appeal is a pure question of law
Prosecution of the People of the Philippines by the Office of the
Solicitor General (OSG) in appeals before the CA or SC General Rule: Only the Solicitor General may represent the People
on appeal or certiorari in the Supreme Court or Court of Appeals in all
The authority to represent the State in the appeal in criminal cases criminal proceedings
before the CA or the Supreme Court is vested in the OSG which is
the law office of the government. Exception: In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office of the Ombudsman,
through its special prosecutor, shall represent the People of the
 CRIMINAL PROCEDURE NOTES ACS 2022

Philippines, except in cases filed pursuant to Executive Order Nos. 1, III. INTERVENTION OF THE OFFENDED PARTY IN THE
2, 14, and 14A, issued in 1986. PROSECUTION OF THE CRIMINAL ACTION

Prosecution for violation of special laws Every person criminally liable for a felony is also civilly liable. [Art
100, RPC]
Where the offense is a violation of a special law, the same shall be
prosecuted pursuant to the provisions of said law. [Section 5, Rule Civil liability for a crime includes restitution, reparation of the damage
110, Rules of Court] caused, and indemnification for consequential damages [Art 104,
RPC]. Accordingly, the sole purpose of the civil actin is for the
In prosecution of special laws, the exigencies of public service
restitution, reparation or indemnification of the private offended party
sometimes require the designation of special prosecutors from
for the damage or injury he sustained by reason of the delictual or
different government agencies to assist the public prosecutor. The
felonious act of the accused.
designation does not, however, detract from the public prosecutor
having control and supervision over the case. Except when the civil liability is extinguished, the offender shall be
obliged to satisfy the civil liability resulting
When a private prosecutor may prosecute a case even in the
absence of a public prosecutor 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
A private prosecutor may prosecute the criminal action up to the end
offense. Thus, Sec 16 of Rule 110 provides that “Where the civil
of the trial, even in the absence of the public prosecutor, if he is
action for recovery of civil liability is instituted in the criminal action
authorized to do so in writing. This written authorization shall be
pursuant to Rule 111, the offended party may intervene by counsel in
given by either the Chief of the Prosecution Office or the Regional
the prosecution of the offense.”
State Prosecutor. The written authorization in order to be given effect
must, however, be approved by the court. [Sec 5, Rule 110, Rules of How the offended party intervenes in a criminal case
Court; A.M. No. 02-2-07-SC, effective May 1, 2002]
Appointment of a private prosecutor is done by the offended party
The written authorization shall be given because of either of the and is the mode by which he intervenes in the prosecution of the
following reasons: offense.
a) Public prosecutor has a heavy work schedule Intervention, however, is only allowed where the civil action for the
b) Lack of public prosecutors recovery of the civil liability arising from the offense charged is
instituted in the criminal action pursuant to Rule 111. [Section 16,
Once so authorized, the private prosecutor shall continue to
Rule 110, Rules of Court].
prosecute the case up to the end of the trial even in the absence of a
public prosecutor, unless the authority is revoked or otherwise Hence, the offended party may not intervene if the offended party:
withdrawn.
a) Waives the civil action
New Rule affecting appearance of a private prosecutor in a criminal b) Reserves the right to institute it separately
case c) Institutes the civil action prior to the criminal action
Pursuant to the Revised Guidelines for Continuous Trial of Criminal The reason is that there is no civil liability which would supply a basis
Cases, effective September 1, 2007, “In cases where only the civil for the intervention of the offended party through his counsel or
liability is being prosecuted by a private prosecutor, the head of the private prosecutor.
prosecution office must issue in favor of the private prosecutor a
written authority to try the case even in the absence of the public Effect of the filing of an independent civil action on the right of the
prosecutor. The written authority must be submitted to the court prior offended party to intervene in the prosecution of the offense
to the presentation of evidence by the private prosecutor in
The filing of a suit based on a quasi-delict theory during the
accordance with Section 5, Rule 110. With this authority in record,
pendency of the criminal proceeding should not prevent the
the court may set the trial in the case and in other cases tried by
intervention by the offended party in the prosecution of the offense
private prosecutors with delegated authority on separate days when
because there still exists a civil liability under the RPC, i.e., the civil
the presence of the public prosecutor may be dispensed with. [A.M.
liability arising from the offense charged which would be the basis for
No. 15-06-10-SC[III][4]]
the intervention.
Obviously, this rule does not apply when a private prosecutor
This is because the civil liability arising from a quasi-delict is entirely
appears not only for the civil liability but also for the criminal liability,
separate and distinct from the civil liability arising from the negligence
in which case, Sec 5 Rule 110 shall govern.
under the Penal Code. Also, in the case of independent civil actions,
they “shall proceed independently of the criminal action.”
 CRIMINAL PROCEDURE NOTES ACS 2022

IV. PROSECUTION OF PRIVATE CRIMES Prosecution of Rape

Prosecution of adultery and concubinage Prosecution for rape may now be commenced in court even by the
filing of an information by the public prosecutor
The crimes of adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended spouse [Section 5, V. THE COMPLAINT AND INFORMATION
Rule 110, Rules of Court]. The prosecutor cannot prosecute the case
where no complaint is filed by the offended spouse. It must be Complaint
instituted against both guilty parties unless one of them is no longer
alive. A sworn written statement charging a person with an offense
subscribed by the offended party, any peace officer or other public
The rule has not been construed literally by the Court. In the case of officer, charged with the enforcement of law violated. [Section 3, Rule
People v. Ilarde, 125 SCRA 11 , the Court explained that the legal 110, Rules of Court]
requirement that a complaint be filed in court by the offended spouse
to prosecute the offense was “imposed out of consideration for the Is filed in the name of the People of the Philippines and against all
aggrieved party who might prefer to suffer the outrage in silence persons who appear to be responsible for the offense involved
rather than go through the scandal of a public trial. Thus, the law [Section 2, Rule 110, Rules of Court]
leaves it to the option of the aggrieved spouse to seek judicial
redress committed for the affront committed by the erring spouse.” Information
Under the peculiar circumstances of the case, the Court added that it
should be guided “by the spirit, rather than the letter of the law.” An accusation in writing charging a person with an offense
subscribed by the prosecutor and filed with the court [Section 4, Rule
The offense of adultery and concubinage may not be instituted if it is 110, Rules of Court]
shown that the offended party has consented to the offense or has
pardoned the offenders [Section 5, Rule 110, Rules of Court]. Since Need not be sworn
the rule does not distinguish, the consent or pardon may be express
or implied. Is filed in the name of the People of the Philippines and against all
persons who appear to be responsible for the offense involved
[Section 2, Rule 110, Rules of Court]

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 Distinction
case, if the offender has been expressly pardoned by any one of
them. Complaint Information
Both must be in writing
If the offended party dies or becomes incapacitated before she can Sworn statement Need not be sworn
file the complaint, and she has no know parents, grandparents or
guardians, the State shall initiate the criminal action in her behalf. This is because the prosecutor
filing the information is acting
Also, the offended party, even if a minor, has the right to initiate the under the oath of his office
prosecution of the offense, independently of her parents, Subscribed by the offended Subscribed by the fiscal
grandparents or guardian, except if she is incompetent or incapable party, any peace officer or
of doing so. other officer charged with the
enforcement of law violated
Where the minor fails to initiate the prosecution of the offense, the May be filed either in court or in Filed with the court
complaint may be filed by the minor’s parents, grandparents or the fiscal’s office generally to
guardian. commence the preliminary
[Section 5, Rule 110, Rules of Court] investigation
Prosecution of defamation Infirmity of signature in the information
Defamation under this rule [Section 5, Rule 110, Rules of Court] Dismissal of the information would not be a bar to a subsequent
consists in the imputation of the offense of adultery, concubinage, prosecution under a subsequent valid information
seduction, abduction and acts of lasciviousness.
A valid information signed by a competent officer confers jurisdiction
Only the offended party can initiate the criminal action. on the court over the person of the accused and the subject matter of
the accusation. In consonance with this view, an infirmity in the
 CRIMINAL PROCEDURE NOTES ACS 2022

information cannot be cured by silence, acquiescence, or even by

express consent. Every element of the offense must be stated in the information. This
requirement is to inform the accused of the nature of the accusation
Sufficiency of the complaint or information against him so as to enable him to suitably prepare his defense

Deemed sufficient if it contains the following: Date of the commission of the offense

a) Name of the accused; if more than 1 person, all of them Section 11 of the Rule 110 also provides that it is not necessary to
b) Designation of the offense given by the statute state in the complaint or information the precise date the offense was
c) Acts or ommissions complained of as constituting the committed except when the date of commission is a material element
offense of the offense. The offense may, thus, be alleged to have been
d) Name of the offended party committed on a date as near as possible to the actual date of its
e) Approximate date of the commission of the offense commission.
f) Place where the offense was committed
How to state the name of the accused
Test of sufficiency of the complaint or information
Section 7 of Rule 110 establishes the following rules:
The test is whether the crime is described in intelligible terms with
such particularity as to apprise the accused, with reasonable a) Complaint or information must state the name and surname
certainty, of the offense charged to enable the accused to suitably of the accused, or any appellation or nickname by which he
prepare for this defense since he is presumed to have no has been or is known
independent knowledge of the facts that constitute the offense. b) If his name cannot be ascertained, he must be described
under a fictitious name. A description of the accused under
In criminal prosecution, every element constituting the offense must a fictitious name must be accompanied by a statement that
be alleged in the information before an accused can be convicted of his true name is unknown
the offense charged. c) If, later, his true name is disclosed by him or becomes
known in some other manner, his true name shall be
Questioning the insufficiency of the complaint or information inserted in the complaint or information and in the records
of the case
Objections as to matters of form or substance in the information
cannot be made for the first time on appeal. The accused-appellant In every criminal case, the task of the prosecution is always two-fold,
should move before arraignment either for a bill of particulars, for that is: (1) to prove beyond reasonable doubt the commission of the
instance, if he wants to know the exact date of the commission of the crime charged; and (2) to establish with the same quantum of proof
allege offense. He may also move for the quashal of the information if the identity of the person or persons responsible therefor, because,
it does not conform to the prescribed form. If he fails to pursue either even if the commission of the crime is a given, there can be no
remedy he is deemed to have waived his objections to any formal conviction without the identity of the malefactor being clearly
defect in the information. ascertained.

While the sufficiency of an information may be assailed, the right to Positive identification pertains essentially to the proof of identity.
question the sufficiency is not absolute. An accused is deemed to
have waived his right if he fails to object upon his arraignment or What matters in convicting an accused is his identification as the
during trial. In either case, evidence presented during trial can cure person who committed the crime, not the name under which he was
the defect in information. Also, an accused is deemed to have waived arrested or charged.
his right to assail the sufficiency of the information when he
voluntarily entered a plea when arraigned and participated in the trial. Two types of positive identification:

Where the objection, however, is based on lack of jurisdiction over a) Direct evidence – an eyewitness to the very act of the
the subject matter, the same may be raised or considered motu commission of the crime
propio by the court at any stage of the proceedings or on appeal. b) Part of circumstantial evidence – a when a witness is the
person or one of the persons last seen with the victim
How the nature of the offense is determined immediately before and right after the commission of the
crime
Nature of the criminal charge – determined by the recital of the
ultimate facts and circumstances in the complaint or information and How to state the name of the offended party
not by the caption of the information or the provision of the law
claimed to have been violated If natural person [Section 12, Rule 110, Rules of Court]

A mistake in the designation of the correct name of the offense is not

a fatal defect
 CRIMINAL PROCEDURE NOTES ACS 2022

a) Complaint or information must state the name and surname of the the law violated does not vitiate the information if the facts allegedly
offended party, or any appellation or nickname by which he has been clearly recite the facts constituting the crime charged
or is known
b) If his name cannot be ascertained, he must be described under a Statement of the qualifying and aggravating circumstances
fictitious name.
c) If, later, his true name is disclosed by him or becomes known in Case law has it that, for the qualifying and aggravating circumstances
some other manner, his true name shall be inserted in the complaint to be considered in imposing the penalty, the same should be
or information and in the records of the case specified in the complaint or information for such to be considered in
the imposition of the penalty. Every element of the offense must be
If juridical: alleged in the complaint or information so as to enable the accused to
Sufficient to state its name or any name or designation by which it is suitably prepare for his defense. Corollarily, qualifying or generic
known or by which it may be identified without need of averring that it aggravating circumstances will not be appreciated, even if proven
is a juridical person or that it is organized in accordance with law during the trial, if such circumstances are not specified in the
[Section 12(c), Rule 110, Rules of Court] information.

Rule if the name of the offended party is unknown in offenses against Cause of accusation
property
One of the fundamental rights of the accused is the right to be
If the name of the offended party is unknown, the property must ne informed of the nature and cause of accusation against him. This
described with such particularity as to properly identify the offense means that the accused may not be convicted of an offense unless it
charged [Section 12(a), Rule 110, Rules of Court] is clearly charged in the information.

In case of offenses against property, the designation of the name of Duplicity of the offense
the offended party is not absolutely indispensable for as long as the Presupposes that there is a joinder of distinct offenses in one
criminal act charged in the complaint or information can be properly complaint or information
identified
General Rule: Complaint or information must charge only one
If the subject matter of the offense is generic and not identifiable, an offense.
error in the designation of the offended party is fatal and would result
in the acquittal of the accused. However, if the subject matter of the Exception: When the law prescribes a single punishment for two or
offense is specific and identifiable, an error in the designation of the more offenses
offended party is immaterial
Waiver of duplicity of the offense

Duplicity of the offense is a ground for a motion to quash. Should the

information be defective because of duplicity (also called
multifariousness), an objection must be timely interposed by the
accused before trial; otherwise, he is deemed to have waived said
Designation of the offense defect.

Section 8, Rule 110, Rules of Court establishes:

VI. VENUE OF CRIMINAL ACTIONS
a) Name given to the offense by statute shall be stated in the
complaint or information. If the statute gives no designation As a rule, the criminal action shall be instituted and tried in the court
to the offense, then reference shall be made to the section of the municipality or territory (a) where the offense was committed,
or subsection punishing it or (b) where any of its essential ingredients occurred.
b) Include an averment of the acts or omissions constituting
the offense Venue in a criminal case is a jurisdictional matter. It is an element of
c) Complaint or information shall specify the qualifying and jurisdiction. It is, however, procedural in applications for a search
aggravating circumstances of the offense warrant.

It is enough that the offense be described with sufficient particularity The Rules require that the complaint or information to be deemed
to make sure the accused fully understands what he is being charged sufficient should state the place where the offense was committed
with. The particularity must be such that a person of ordinary [Section 6, Rule 110, Rules of Court]
intelligence immediately knows what the charge is. Moreover,
reasonable certainty in the statement of the crime suffices It is not enough to allege in the complaint or information the place of
commission of the crime. Such place must also be proven during the
Failure to designate the offense given by the statute or to mention the trial.
specific provision penalizing the act or an erroneous specification of
 CRIMINAL PROCEDURE NOTES ACS 2022

When a court has jurisdiction to try offenses not committed within its
territorial jurisdiction Under Sec 1, Rule 10, Rules of Court, it is effected by adding or
striking out an allegation or the name of any party, or by correcting a
Exceptions: mistaken or inadequate allegation or description in any other respect,
so that the actual merits of the controversy may speedily be
a) Offense was committed under the circumstances determined, without regard to technicalities, and in the most and
enumerated in Art 2, RPC expeditious and inexpensive manner.

b) Supreme Court orders a change of venue or place of trial to Amendment of the information or complaint before plea; no need for
avoid a miscarriage of justice leave

c) Where an offense is committed in a train, aircraft, or other If the amendment is made before the accused enters his plea, the
public or private vehicle in course of its trip, the criminal complaint or information may be amended in form or in substance,
action need not be instituted in the actual place where the without the need for leave of court. [Section 14, Rule 110, Rules of
offense was committed. It may be instituted and tried in the Court]
court of any municipality or territory where said train,
aircraft, or vehicle passed during its trip. The crime may When leave of court is required even if the amendment is made
also be instituted and tried in the place of departure and before plea
arrival
Leave of court is require even if the amendment is made before plea
d) Committed on board a vessel in the course of its voyage, in the following instances:
the criminal action shall be instituted and tried not
necessarily in the place of commission of the crime. It may a) Amendment downgrades the nature of the offense charged
be instituted and tried in court of the first port of entry or in b) Amendment excludes any accused from the complaint or
the court of the municipality or territory where the vessel information
passed during the voyage. Note that places of departure
and arrival are not included as proper venues of action. Aside from leave of court, the above amendments require a motion
by the prosecutor, with notice to the offended party.

e) Case is cognizable by the Sandiganbayan, the criminal Rules as to amendment made after the plea of the accused
action need not be filed and tried in the place where the act
was committed but generally, where the court actually sits If the amendment is made after the accused enters his plea during
in Quezon City the trial, any formal amendment may only be made under two
conditions, namely: (1) leave of court must be secured; and (b) the
amendment does not cause prejudice to the rights of the accused.
f) Offense is written defamation, the criminal action need not
necessarily be filed in the RTC of the province or city where
An amendment in substance is, as a rule, clearly not allowed at this
the alleged libelous article was printed and first published.
stage.
It may be filed in the province or city where the offended
party held office at the time of commission of the office or in
After arraignment, a substantial amendment is proscribed except if
the province or city where he actually resided at the time of
the same is beneficial to the accused.
the commission of the offense in case the offended party is
a private individual.
How to state the place of the commission of the offense
When an amendment is formal or substantial
The statement of the place of the commission of an offense is
An amendment to an information which does not change the nature
sufficient if it can be understood from the allegations in the complaint
of the crime alleged therein, does not affect the essence of the
or information that the offense was committed or some of its essential
offense, cause surprise, or deprive the accused of an opportunity to
elements occurred at some place within the jurisdiction of the court
meet the new averment had each been held to be one of form and
[Sec 10, Rule 110, Rules of Court]. Where the particular place where
not of substance.
the offense was committed is, however, an essential element of the
offense or is necessary for its identification, it is implied from the rule
The test as to when rights of an accused are prejudiced by the
that the description of the place of the commission of the offense
amendment of a complaint or information is, when a defense of the
must be specific.
accused, under the original complaint or information would no longer
be available after the amendment is made, and when any evidence
VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR
of the accused might have would be inapplicable to the complaint or
INFORMATION
information as amended.
Amendment – correction of an error or omission in a complaint or an
Substitution of the complaint or information
information
 CRIMINAL PROCEDURE NOTES ACS 2022

him guilty, that the State shall take the necessary steps to
A complaint or information may be substituted if it appears at any bring him to trial;
time before judgment that a mistake has been made in charging the
proper offense. In such a case, the court shall dismiss the original b) To preserve the evidence and keep the witnesses within
complaint or information once the new one charging the proper the control of the State
offense is filed provided the accused will not be placed in double
jeopardy. [Sec 14, Rule 110, Rules of Court] c) To determine the amount of bail, if the offense is bailable

The dismissal of the original complaint or information is subject to the Nature of Preliminary Investigation
provisions of Section 19 of Rule 119. Under this provision, if it
becomes manifest at any time before judgment that the accused A function that belongs to the public prosecutor
cannot be convicted of the offense charged or of any other offense
necessarily included therein, as when a mistake has been made in Determination of a probable cause is an executive function that the
charging the proper offense, the court, nevertheless, shall commit the courts cannot interfere with in the absence of grave abuse of
accused to answer for the proper offense by requiring the filing of the discretion
proper information. The accused shall not be discharged if there
appears good cause to detain him. After the proper information is Such function is lodged at the first instance with the public prosecutor
filed, it shall dismiss the original case. who conducted the preliminary investigation and ultimately with the
Secretary of Justice and courts, as a rule, cannot reverse the findings
Distinction between substitution and amendment of probable cause of the Secretary of Justice except in clear cases of
grave abuse of discretion
Amendment Substitution
May involve either formal or Necessarily involves a While the right to have a preliminary investigation before trial is
substantial changes substantial change from the statutory rather than constitutional, it is a substantive right and a
original charge component of due process in the administration of criminal justice.
If entered before plea, can be Must be with leave of court Where the denial is tainted with grave abuse of discretion amounting
effected without leave of court to lack of jurisdiction, a ground for a petition for certiorari and
As to form, there is no need for Another preliminary mandamus arises
preliminary investigation and investigation is entailed and the
retaking of the plea of the accused has to plead anew to Mere inquiry or a proceeding
accused the new information
Refers to the same offense Requires or presupposes that Its purpose is not to declare the respondent guilty beyond reasonable
charged in the original the new information involves a doubt but only to determine first whether or not a crime has been
information or to an offense different offense which does committed and second whether or not the respondent is “probably
which necessarily includes or is not include or is not necessarily guilty” of the crime
necessarily included on the included in the original charge
original charge Right to a preliminary investigation; waivable

The right to a preliminary investigation may be waived for failure to

invoke the right prior to or at the time of the plea

CHAPTER 3 – PROSECUTION OF CIVIL ACTION

CHAPTER 4 – PRELIMINARY INVESTIGATION

Preliminary Investigation – an inquiry or a proceeding the purpose of

which is to determine whether there is sufficient ground to engender
a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial

Purpose:

a) To inquire concerning the commission of a crime and the

connection of the accused with it, in order that he may be
informed of the nature and character of the crime charged
against him, and, if there is a probable cause for believing
CRIMINAL PROCEDURE NOTES ACS 2022