WEEK 2

Sec. 5. Who must prosecute criminal actions. –

I. Prosecution of Offenses (Rule 110)
All criminal actions commenced by a
RULE 110 - PROSECUTION OF OFFENSES complaint or information shall be prosecuted
under the direction and control of the
Section 1. Institution of criminal actions.–
prosecutor. However, in Municipal Trial
Criminal actions shall be instituted as follows:
Courts or Municipal Circuit Trial Courts when
(a) For offenses where a preliminary investigation the prosecutor assigned thereto or to the case
is required pursuant to section 1 of Rule 112, is not available, the offended party, any peace
by filing the complaint with the proper officer officer, or public officer charged with the
for the purpose of conducting the requisite enforcement of the law violated may
preliminary investigation. prosecute the case. This authority shall cease
upon actual intervention of the prosecutor or
(b) For all other offenses, by filing the complaint upon elevation of the case to the Regional
or information directly with the Municipal Trial Court.(Read A.M. NO. 02-2-07-SC
Trial Courts and Municipal Circuit Trial [Effective May 01, 2002] Latest Amendments
Courts, or the complaint with the office of the to Section 5, Rule 110 of the Revised Rules of
prosecutor. In Manila and other chartered Criminal Procedure which provides: "Section
cities, the complaints shall be filed with the 5. Who must prosecute criminal action. - All
office of the prosecutor unless otherwise criminal actions either commenced by
provided in their charters. complaint or by information shall be
prosecuted under the direction and control of
The institution of the criminal action shall a public prosecutor. In case of heavy work
interrupt the running of the period of schedule of the public prosecutor or in the
prescription of the offense charged unless event of lack of public prosecutors, the private
otherwise provided in special laws. prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the
Sec. 2. The complaint or information – The
Regional State Prosecutor to prosecute the
complaint or information shall be in writing,
case subject to the approval of the court. Once
in the name of the People of the Philippines
so authorized to prosecute the criminal action,
and against all persons who appear to be
the private prosecutor shall continue to
responsible for the offense involved.
prosecute the case up to end of the trial even
Sec. 3. Complaint defined. – A complaint is a in the absence of a public prosecutor, unless
sworn written statement charging a person the authority is revoked or otherwise
with an offense, subscribed by the offended withdrawn. x x x .").
party, any peace officer, or other public
The crimes of adultery and concubinage shall not
officer charged with the enforcement of the
be prosecuted except upon a complaint filed
law violated.
by the offended spouse. The offended party
Sec. 4. Information defined. – An information is cannot institute criminal prosecution without
an accusation in writing charging a person including the guilty parties, if both are alive,
with an offense, subscribed by the prosecutor nor, in any case, if the offended party has
and filed with the court.
 consented to the offense or pardoned the commission of the offense; and the place
offenders. where the offense was committed.

The offenses of seduction, abduction and acts of When an offense is committed by more than one
lasciviousness shall not be prosecuted upon a person, all of them shall be included in the
complaint filed by the offended party of her complaint or information.
parents, grandparents or guardian, nor, in any
case, if the offender has been expressly Sec. 7. Name of the accused. – The complaint or
pardoned by any of them. If the offended information must state the name and surname
party dies or becomes incapacitated before she of the accused or any appellation or nickname
can file the complaint, and she has no known by which he has been or is known. If his name
parents, grandparents or guardian, the State cannot be ascertained, he must be described
shall initiate the criminal action in her behalf. under a fictitious name with a statement that
his true name is unknown.
The offended party, even if a minor, has the right
to initiate the prosecution of the offenses of If the true name of the accused is thereafter
seduction, abduction and acts of disclosed by him or appears in some other
lasciviousness independently of her parents, manner to the court, such true name shall be
grandparents, or guardian, unless she is inserted in the complaint or information and
incompetent or incapable of doing so. Where record.
the offended party, who is a minor, fails to file
Sec. 8. Designation of the offense. – The
the complaint, her parents, grandparents, or
complaint or information shall state the
guardian may file the same. The right to file
designation of the offense given by the statute,
the action granted to parents, grandparents, or
aver the acts or omissions constituting the
guardian shall be exclusive of all other
offense, and specify its qualifying and
persons and shall be exercised successively in
aggravating circumstances. If there is no
the order herein provided, except as stated in
designation of the offense, reference shall be
the preceding paragraph.
made to the section or subsection of the
No criminal action for defamation which consists statute punishing it.
in the imputation of any of the offenses
Sec. 9. Cause of the accusation. – The acts or
mentioned above shall be brought except at
omissions complained of as constituting the
the instance of and upon complaint filed by
offense and the qualifying and aggravating
the offended party.
circumstances must be stated in ordinary and
The prosecution for violation of special laws shall concise language and not necessarily in the
be governed by the provision thereof. language used in the statute but in terms
sufficient to enable a person of common
Sec. 6. Sufficiency of complaint or information. – understanding to know what offense is being
A complaint or information is sufficient if it charged as well as its qualifying and
states the name of the accused; the aggravating circumstance and for the court to
designation of the offense given by the statute; pronounce judgment.
the acts or omissions complained of as
constituting the offense; the name of the Sec. 10. Place of commission of the offense. –
offended party; the approximate date of the The complaint or information is sufficient if it
 can be understood from its allegations that the Sec. 13. Duplicity of the offense. – A complaint or
offense was committed or some of its information must charge only one offense,
essential ingredients occurred at some place except when the law prescribes a single
within the jurisdiction of the court, unless the punishment for various offenses.
particular place where it was committed
constitutes an essential element of the offense Sec. 14. Amendment or substitution. – A
charged or is necessary for its identification. complaint or information may be amended, in
form or in substance, without leave of court
Sec. 11. Date of commission of the offense. - It is and when it can be done without causing
not necessary to state in the complaint or prejudice to the rights of the accused.
information the precise date the offense was
committed except when it is a material However, any amendment before plea, which
ingredient of the offense. The offense may be downgrades the nature of the offense charged
alleged to have been committed on a date as in or excludes any accused from the complaint
near as possible to the actual date of its or information, can be made only upon motion
commission. by the prosecutor, with notice to the offended
party and with leave of court. The court shall
Sec. 12. Name of the offended party. – The state its reasons in resolving the motion and
complaint or information must state the name copies of its order shall be furnished all
and surname of the person against whom or parties, especially the offended party.
against whose property the offense was
committed, or any appellation or nickname by If it appears at anytime before judgment that a
which such person has been or is known. If mistake has been made in charging the proper
there is no better way of identifying him, he offense, the court shall dismiss the original
must be described under a fictitious name. complaint or information upon the filing of a
new one charging the proper offense in
(a) In offenses against property, if the name of the accordance with section 19, Rule 119,
offended party is unknown, the property must provided the accused shall not be placed in
be described with such particularity as to double jeopardy. The court may require the
properly identify the offense charged. witnesses to give bail for their appearance at
the trial.
(b) If the true name of the person against whom or
against whose property the offense was Sec. 15. Place where action is to be instituted. - (a)
committed is thereafter disclosed or Subject to existing laws, the criminal action
ascertained, the court must cause such true shall be instituted and tried in the court of the
name to be inserted in the complaint or municipality or territory where the offense
information and the record. was committed or where any of its essential
ingredients occurred.
(c) If the offended party is a juridical person, it is
sufficient to state its name, or any name or (b) Where an offense is committed in a train,
designation by which it is known or by which aircraft, or other public or private vehicle in
it may be identified, without need of averring the course of its trip, the criminal action shall
that it is a juridical person or that it is be instituted and tried in the court of any
organized in accordance with law. municipality or territory where such train,
 aircraft, or other vehicle passed during its trip, but less than two years; (c) after eight years for those
including the place of its departure and arrival. punished by imprisonment for two years or more, but less
than six years; and (d) after twelve years for any other
(c) Where an offense is committed on board a offense punished by imprisonment for six years or more,
vessel in the course of its voyage, the criminal except the crime of treason, which shall prescribe after
twenty years. Violations penalized by municipal
action shall be instituted and tried in the court
ordinances shall prescribe after two months.
of the first port of entry or of any municipality
or territory where the vessel passed during Sec. 2. Prescription shall begin to run from the day of the
such voyage, subject to the generally accepted commission of the violation of the law, and if the same be
principles of international law. not known at the time, from the discovery thereof and the
institution of judicial proceeding for its investigation and
(d) Crimes committed outside the Philippines but punishment.
punishable under Article 2 of the Revised
Penal Code shall be cognizable by the court The prescription shall be interrupted when proceedings
where the criminal action is first filed. are instituted against the guilty person, and shall begin to
run again if the proceedings are dismissed for reasons not
Sec. 16. Intervention of the offended party in constituting jeopardy.
criminal action. – Where the civil action for Case:
recovery of civil liability is instituted in the
criminal action pursuant to Rule 111, the a. Jadewell vs.Lidua (G.R. No. 169588, Oct.7, 2013)
offended party may intervene by counsel in
the prosecution of the offense.
c. Prosecution of Criminal Action;
a. How is criminal action instituted?
- Who must prosecute criminal actions?
- Cases which require preliminary investigation
1. Institution Of Criminal Action
- Cases which do not require preliminary investigation.
(see last module and above provision) 1. Prosecution of offenses is instituted either by complaint
or information.
b. What is the effect of the institution of criminal
action on prescriptive period? The complaint or information shall be in writing, in the
name of the People of the Philippines and against all
- Prescriptive period of crimes (Article 90, RPC) - see persons who appear to be responsible for the offense
RPC involved.[27] A complaint is a sworn written statement
charging a person with an offense, subscribed by the
- Prescriptive period for special law and ordinance
offended party, any peace officer, or other public officer
(Sec 1, Act 3326)
charged with the enforcement of the law violated.[28]An
Act No. 3326 - law which governs the period for information is an accusation in writing charging a person
prescription for violations penalized by special acts and with an offense, subscribed by the prosecutor and filed
municipal ordinances with the court.[29]

Section 1. Violations penalized by special acts shall, 2. Criminal actions shall be instituted as follows:
unless otherwise provided in such acts, prescribe in
2.1 For offenses where a preliminary investigation is
accordance with the following rules: (a) after a year for
required pursuant to section 1 of Rule 112, by filing the
offenses punished only by a fine or by imprisonment for
complaint with the proper officer for the purpose of
not more than one month, or both; (b) after four years for
conducting the requisite preliminary investigation.[30]
those punished by imprisonment for more than one month,
Except as provided in section 7 of Rule 110, a preliminary offended party dies or becomes incapacitated before she
investigation is required to be conducted before the filing can file the complaint, and she has no known parents,
of a complaint or information for an offense where the grandparents or guardian, the State shall initiate the
penalty prescribed by law is at least four (4) years, two (2) criminal action in her behalf.
months and one (1) day without regard to the fine.[31]
5.3 The offended party, even if a minor, has the right to
2.2 For all other offenses, by filing the complaint or initiate the prosecution of the offenses of seduction,
information directly with the Municipal Trial Courts and abduction and acts of lasciviousness independently of her
Municipal Circuit Trial Courts, or the complaint with the parents, grandparents, or guardian, unless she is
office of the prosecutor. In Manila and other chartered incompetent or incapable of doing so. Where the offended
cities, the complaint shall be filed with the office of the party, who is a minor, fails to file the complaint, her
prosecutor unless otherwise provided in their charters.[32] parents, grandparents, or guardian may file the same. The
right to file the action granted to parents, grandparents, or
The institution of the criminal action shall interrupt the guardian shall be exclusive of all other persons and shall
running of the period of prescription of the offense be exercised successively in the order herein provided,
charged unless otherwise provided in special laws.[33] except as stated in the preceding paragraph.

3. Who must prosecute criminal actions 5.4 No criminal action for defamation which consists in
the imputation of any of the offenses mentioned above
All criminal actions commenced by a complaint or shall be brought except at the instance of and upon
information shall be prosecuted under the direction and complaint filed by the offended party.
control of the prosecutor. However, in Municipal Trial
Courts or Municipal Circuit Trial Courts when the The prosecution for violation of special laws shall be
prosecutor assigned thereto or to the case is not available, governed by the provisions thereof.[
the offended party, any peace officer, or public officer
charged with the enforcement of the law violated may Case:
prosecute the case. This authority shall cease upon actual
intervention of the prosecutor or upon elevation of the a. Pinote vs. Ayco (A.M. No. RTJ-05-1944; December 13,
case to the Regional Trial Court.[34] 2005)

4. Intervention of Offended Party

Where the civil action for recovery of civil liability is - Role of OSG in appeal in criminal case
instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the SECTION 35. Powers and Functions.—The Office of the
prosecution of the offense.[35] Solicitor General shall represent the Government of the

5. Prosecution of Private Crimes Philippines, its agencies and instrumentalities and its

5.1 The crimes of adultery and concubinage shall not be officials and agents in any litigation, proceeding,
prosecuted except upon a complaint filed by the offended investigation or matter requiring the services of a lawyer.
spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both When authorized by the President or head of the office
are alive, nor, in any case, if the offended party has
concerned, it shall also represent government-owned or
consented to the offense or pardoned the offenders.
controlled corporations. The Office of the Solicitor
5.2 The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted except upon a General shall constitute the law office of the Government
complaint filed by the offended party or her parents,
and, as such, shall discharge duties requiring the services
grandparents or guardian, nor, in any case, if the offender
has been expressly pardoned by any of them. If the
of a lawyer. It shall have the following specific powers They are denominated as private offenses only to give

and functions: deference to the offended party who may prefer not to file
the case instead of going through the scandal of a public
(1) Represent the Government in the Supreme Court and trial. These include:

the Court of Appeals in all criminal proceedings; represent

1. Adultery
the Government and its officers in the Supreme Court, the
2. Concubinage
Court of Appeals, and all other courts or tribunals in all
3. Seduction
civil actions and special proceedings in which the
4. Abduction
Government or any officer thereof in his official capacity
5. Acts of Lasciviousness
is a party.
6. Defamation which consists in the imputation of an
offense mentioned above.
- May a private prosecutor prosecute a case even in
the absence of the public prosecutor?
Case:
"Section 5. Who must prosecute criminal actions. — All
criminal actions either commenced by complaint or by a. People vs. Ilarde (G.R. No. L-58595 October 10, 1983)
information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work
schedule of the public prosecutor, or in the event of lack e. What is Complaint? (Sec. 3, Rule 110)
of public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution f. What is Information? (Sec. 4, Rule 110)
Office or the Regional State Prosecutor to prosecute the
case subject to the approval of the court. Once so g. Sufficiency of the complaint or information (Sec. 6,
authorized to prosecute the criminal action, the private Rule 110)
prosecutor shall continue to prosecute the case up to the
end of the trial even in the absence of a public Remedy if the information is not sufficient. If a motion to
prosecutor, unless the authority is revoked or otherwise quash is based on a defect in the information that can be
withdrawn. However, in Municipal Trial Courts or cured by amendment, the court shall order that an
Municipal Circuit Trial Courts when the prosecutor amendment be made. Rule 117, Section 4 of the Rules of
assigned thereto or to the case is not available, the Court states:
offended party, any peace officer, or public officer
charged with the enforcement of the law violated may SEC. 4. Amendment of complaint or information. - If the
prosecute the case. This authority shall cease upon actual motion to quash is based on an alleged defect of the
intervention of the prosecutor or upon elevation of the complaint or information which can be cured by
case to the Regional Trial Court. amendment, the court shall order that an amendment be
made.
d. Prosecution of Private Crimes;
If it is based on the ground that the facts charged do not
- What are considered private crimes? constitute an offense, the prosecution shall be given by the
court an opportunity to correct the defect by amendment.
Private crimes are those which cannot be prosecuted The motion shall be granted if the prosecution fails to
except upon complaint filed by the aggrieved party. make the amendment, or the complaint or information still
suffers from the same defect despite the amendment.
Strictly speaking, there is no such thing as a private
offense since all offenses are an outrage against the State.
This Court has held that failure to provide the prosecution o. Amendment and Substitution (Sec. 14, Rule 110)
with the opportunity to amend is an arbitrary exercise of
power.[51] In People v. Sandiganbayan:[52] - Formal vs. Substantial amendment

When a motion to quash is filed challenging the validity Formal vs. Substantial Amendment of Complaint or
and sufficiency of an Information, and the defect may be Information
cured by amendment, courts must deny the motion to
quash and order the prosecution to file an amended A substantial amendment consists of the recital of facts
Information. Generally, a defect pertaining to the failure
constituting the offense charged and determinative of the
of an Information to charge facts constituting an offense is
one that may be corrected by an amendment. In such jurisdiction of the court. All other matters are merely of
instances, courts are mandated not to automatically quash form.
the Information; rather, it should grant the prosecution the
opportunity to cure the defect through an amendment. This
The following have been held to be mere formal
rule allows a case to proceed without undue delay. By
allowing the defect to be cured by simple amendment, amendments:
unnecessary appeals based on technical grounds, which
only result to prolonging the proceedings, are avoided.
1. new allegations which relate only to the range of
Case: the penalty that the court might impose in the
event of conviction;
a. Villa-Gomez vs. People (G.R. No. 216824, November
10, 2020) 2. an amendment which does not charge another
offense different or distinct from that charged in
i. Name of the Accused (Sec. 7, Rule 110)
the original one;
j. Designation of the Offense (Sec. 8, Rule 110)
3. additional allegations which do not alter the
Case: prosecution’s theory of the case so as to cause
surprise to the accused and affect the form of
a. People vs. Solar (G.R. No. 225595, August 6, 2019)
defense he has or will assume;
b. People vs. Delfin Dela Cruz (G.R. No. 137405.
4. an amendment which does not adversely affect
September 27, 2002)
any substantial right of the accused; and
k. Place of the Commission of the Crime (Sec. 10, Rule
5. an amendment that merely adds specifications to
110)
eliminate vagueness in the information and not to
- Venue in Criminal Cases
introduce new and material facts, and merely
- Place where action is to be instituted. states with additional precision something which
is already contained in the original information
Case:
and which adds nothing essential for conviction
a. AAA vs. BBB (G.R. No. 212448, January 11, 2018) for the crime charged. (Ricarze v. Court of

l. Date of the Commission (Sec. 11, Rule 110) Appeals, G.R. No. 160451, February 9,2007)

m. Name of the Offended Party (Sec. 12, Rule 110) Test whether the amendment is substantial or merely
formal
n. Duplicity of the Offense (Sec. 13, Rule 110)
The test as to whether a defendant is prejudiced by the designated in the information filed by the public
amendment is whether a defense under the information as prosecutor.
it originally stood would be available after the amendment
When the appellation of the crime charged as determined
is made, and whether any evidence defendant might have
by the public prosecutor does not exactly correspond to
would be equally applicable to the information in the one
the actual crime constituted by the criminal acts described
form as in the other. An amendment to an information
in the information to have been committed by the accused,
which does not change the nature of the crime alleged
what controls is the description of the said criminal acts
therein does not affect the essence of the offense or cause
and not the technical name of the crime supplied by the
surprise or deprive the accused of an opportunity to meet
public prosecutor. In other words, the real nature of the
the new averment had each been held to be one of form
criminal charge is determined not from the caption or
and not of substance. (Ricarze v. Court of Appeals, G.R.
preamble of the information nor from the specification of
No. 160451, February 9,2007)
the provision of the law alleged to have been violated,
Formal amendments: they being conclusions of law which in no way affect the
legal aspects of the information, but from the actual recital
1. Amendment in the name of private complainant
of facts as alleged in the body of the information.

"The substitution of Caltex by PCIB as private complaint

Under these circumstances, the amendment of the
is not a substantial amendment. The substitution did not
Information by merely changing its express designation
alter the basis of the charge in both Informations, nor did
from homicide to murder is only a formal amendment and
it result in any prejudice to petitioner. The documentary
no prejudice can be made against the rights of the accused.
evidence in the form of the forged checks remained the
(Buhat vs. Court of Appeals, G.R. No. 119601 December
same, and all such evidence was available to petitioner
17, 1996)
well before the trial. Thus, he cannot claim any surprise by
virtue of the substitution." (Ricarze v. Court of Appeals, 3. Additional allegation of habitual delinquency and
G.R. No. 160451, February 9,2007) recidivism

2. Amendment of the designation of the crime from These allegations only relate to the range of the imposable
homicide to murder when original information already penalty but not the nature of the offense.
contains the allegation that the killing was done with
4. A change in the nature of the offense due to
the “use of superior strength”
supervening event
The original information already contains the allegation
that the killing was done with the “use of superior
strength”. This allegation already qualified the killing as
murder regardless of how such killing is technically