Criminal Procedure

Atty. Ramon D. Facun

Criminal Action:
Definition.
 A criminal action is one by which the State prosecutes a
person for an act or omission punishable by law. (Section
3(b) Rule 1 of the Rules of Court)
Criminal Action:
Rule 110 – Prosecution of Offenses.
 How to initiate a criminal action?
 When to initiate a criminal action?
 Who prosecute or file a criminal action?
 Is there a form require to initiate a criminal action?
 Where to file a criminal action?
Prosecution of Offenses:
How to initiate a criminal action?
 1. For offenses where a preliminary investigation is
required pursuant to section 1 of Rule 112,
 by filing the complaint with the proper officer
 for the purpose of conducting the requisite preliminary
investigation. (Sec 1(a) Rule 110 RoC)
Prosecution of Offenses:
How to initiate a criminal action?
 2. For all other offenses,
 by filing the complaint or information
 directly with the Municipal Trial Courts and Municipal
Circuit Trial Courts,
 or the complaint with the office of the prosecutor. (Sec
1(a) Rule 110 RoC)
Prosecution of Offenses:
How to initiate a criminal action?
 3. In Manila and other chartered cities,
 the complaint shall be filed
 with the office of the prosecutor unless otherwise
provided in their charters. (Sec 1(a) Rule 110 RoC)
Prosecution of Offenses:
When to initiate a criminal action?
 The institution of the criminal action
 shall interrupt the running period of prescription of the
offense charged
 unless otherwise provided in special laws. (Sec 1(a) Rule
110 RoC)

 In other words, a criminal action can be initiated at any time

while the offense/crime charged is not yet prescribed.
Prosecution of Offenses:
Who prosecute or file criminal action.
 1.a. All criminal actions either commenced by complaint
or by information
 shall be prosecuted
 under the direction and control of a public prosecutor.
(Sec 5 first par, Rule 110 as amended by AM No. 02-2-07-
SC)
Prosecution of Offenses:
Who prosecute or file criminal action.
 1.b. In case of heavy work schedule of the public
prosecutor or in the event of lack of public prosecutors,
 the private prosecutor may be authorized in writing
 by the Chief of the Prosecution Office or the Regional State
Prosecutor to prosecute the case subject to the approval of
the court. (Sec 5 first par, Rule 110 as amended by AM No.
02-2-07-SC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 Once so authorized to prosecute the criminal action, the
private prosecutor shall continue to prosecute the case
up to end of the trial even in the absence of a public
prosecutor,
 unless the authority is revoked or otherwise withdrawn.
(Sec 5 first par, Rule 110 as amended by AM No. 02-2-07-
SC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 2. The crimes of adultery and concubinage shall not be
prosecuted
 except upon a complaint filed by the offended spouse.
 The offended party cannot institute criminal
prosecution without including the guilty parties, if both
alive, nor, in any case, if the offended party has
consented to the offense or pardoned the offenders.
(Sec 5 second par, Rule 110 RoC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 3. The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted
 except upon a complaint filed by
 the offended party or her parents, grandparents or
guardian,
 nor, in any case, if the offender has been expressly
pardoned by any of them. (Sec 5 third par, Rule 110 RoC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 If the offended party dies or becomes incapacitated before
she can file the complaint, and she has no known parents,
grandparents or guardian,
 the State shall initiate the criminal action in her behalf.
(Sec 5 third par, Rule 110 RoC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 The offended party, even if a minor, has the right to
initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness
 independently of her parents, grandparents, or guardian,
unless she is incompetent or incapable of doing so.
 Where the offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian may file
the same. (Sec 5 fourth par, Rule 110 RoC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 The right to file the action granted to parents, grandparents
or guardian shall be exclusive of all other persons
 and shall be exercised successively in the order herein
provided,
 except as stated in the preceding paragraph. (Sec 5 fourth
par, Rule 110 RoC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 4. No criminal action for defamation which consists in the
imputation of the offenses mentioned above shall be
brought
 except at the instance of and upon complaint filed by the
offended party. (Sec 5 fifth par, Rule 110 RoC)
 5. The prosecution for violation of special laws shall be
governed by the provisions thereof. (Sec 5 sixth par,
Rule 110 RoC)
Prosecution of Offenses:
Who prosecute or file a criminal action.
 6. Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111,
 the offended party may intervene by counsel
 in the prosecution of the offense. (Sec 16, Rule 110 RoC)
Prosecution of Offenses:
Is there a form require to initiate a Criminal
Action.

 Yes, there is.

 Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12 and 13 of Rule 110
spell out impliedly the forms and substance of a complaint
or information, and particulars matters to be alleged,
included and must be shown in the complaint or
information.
Prosecution of Offenses:
Definition of Complaint.
 A complaint is a sworn written statement
 charging a person with an offense,
 subscribed by the offended party,
 any peace officer, or other public officer charged with
the enforcement of the law violated. (Sec 3 Rule 110 RoC)
Prosecution of Offenses:
Definition of Information.
 An information is an accusation in writing
 charging a person with an offense,
 subscribed by the prosecutor
 and filed with the court. (Sec 4 Rule 110 RoC)
Prosecution of Offenses:
Parties in the Complaint or Information.
 The complaint or information shall be in writing,
 in the name of the People of the Philippines
 and against all persons who appear to be responsible
for the offense involved. (Sec 2 Rule 110 RoC)
Prosecution of Offenses:
How to allege the name of offended party.

 1. The complaint or information must state the name and

surname of the person against whom or against whose
property the offense was committed,
 or any appellation or nickname by which such person
has been or is known. (Sec 12 Rule 110 RoC)
 2. If there is no better way of identifying him,
 he must be described under a fictitious name. (Sec 12
Rule 110 RoC)
Prosecution of Offenses:
How to allege the name of offended party.

 3. In offenses against property, if the name of the

offended party is unknown,
 the property must be described with such particularity
 as to properly identify the offense charged. (Sec 12(a) Rule
110 RoC)
Prosecution of Offenses:
How to allege the name of offended party.

 4. If the true name of the of the person against whom or

against whose property the offense was committed
 is thereafter disclosed or ascertained,
 the court must cause the true name to be inserted in the
complaint or information and the record. (Sec 12(b)
Rule 110 RoC)
Prosecution of Offenses:
How to allege the name of offended party.

 5. If the offended party is a juridical person,

 it is sufficient to state its name, or any name or
designation by which it is known or by which it may be
identified,
 without need of averring that it is a juridical person or that it
is organized in accordance with law. (Sec 12(c) Rule 110
RoC)
Prosecution of Offenses:
How to allege the name of the accused.
 1. The complaint or information must state the name and
surname of the accused
 or any appellation or nickname by which he has been or
is known. (Sec 7 first par Rule 110 RoC)
 2. If his name cannot be ascertained, he must be
described under a fictitious name
 with a statement that his true name is unknown. (Sec 7
first par Rule 110 RoC)
Prosecution of Offenses:
How to allege the name of the accused.
 3. If the true name of the accused is thereafter disclosed
by him or appears in some other manner to the court,
 such true name shall be inserted
 in the complaint or information and record. (Sec 7
second par Rule 110 RoC)
Prosecution of Offenses:
How to allege date of commission of the
offense.

 1. It is not necessary to state in the complaint or

information
 the precise date the offense was committed
 except when it is a material ingredient of the offense.
(Sec 11 first sentence Rule 110 RoC)
Prosecution of Offenses:
How to allege date of commission of the
offense.

 2. The offense may be alleged to have been

 committed on a date as near as possible
 to the actual date of its commission. (Sec 11 second
sentence Rule 110 RoC)
Prosecution of Offenses:
How to allege place of
commission of the offence.
 1. The complaint or information is sufficient if it can be
understood from its allegations
 that the offense was committed or some of the essential
ingredients occurred
 at some place within the jurisdiction of the court,
 unless the particular place where it was committed
constitutes an essential element of the offense or is
necessary for its identification. (Sec 10 Rule 110 RoC)
Prosecution of Offenses:
How to allege designation of the offense.
 1. The complaint or information shall state
 the designation of the offense given by the statute,
 aver the acts or omissions constituting the offense,
 and specify its qualifying and aggravating
circumstances. (Sec 8 first sentence Rule 110 RoC)
Prosecution of Offenses:
How to allege designation of the offense.
 2. If there is no designation of the offense,
 reference shall be made to the section or subsection of
the statute punishing it. (Sec 8 second sentence Rule
110 RoC)
Prosecution of Offenses:
How to allege the cause of the accusation.
 1. The acts or omissions complained of as constituting the offense
 and the qualifying and aggravating circumstances
 must be stated in ordinary and concise language
 and not necessarily in the language used in the statute
 but in terms sufficient to enable a person of common
understanding
 to know what offense is being charged
 as well as its qualifying and aggravating circumstances
 and for the court to pronounce judgment. (Sec 9 Rule 110 RoC)
Prosecution of Offenses:
Where to file a criminal action.
 1. Subject to existing laws, the criminal action shall be
instituted and tried
 in the court of the municipality or territory
 where the offense was committed
 or where any of its essential ingredients occurred.
(Sec 15(a) Rule 110 RoC)
Prosecution of Offenses:
Where to file a criminal action.
 2. Where an offense is committed in a train, aircraft, or other
public or private vehicle
 while in the course of its trip,
 the criminal action shall be instituted and tried in the court of
any municipality or territory
 where such train, aircraft or other vehicle passed during such
its trip,
 including the place of its departure and arrival. (Sec 15(b)
Rule 110 RoC)
Prosecution of Offenses:
Where to file a criminal action.
 3. Where an offense is committed on board a vessel in
the course of its voyage,
 the criminal action shall be instituted and tried in the court
 of the first port of entry or of any municipality or
territory where the vessel passed during such voyage,
 subject to the generally accepted principles of international
law. (Sec 15(c) Rule 110 RoC)
Prosecution of Offenses:
Where to file a criminal action.
 4. Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal Code
 shall be cognizable by the court
 where the criminal action is first filed. (Sec 15(d) Rule
110 RoC)
Prosecution of Offenses:
One complaint/Information One Offense.
(against duplicity of the offense)

 A complaint or information must charge but one offense,

 except when the law prescribes a single punishment for
various offenses. (Sec 13 Rule 110 RoC)

 Example of the exception: (complex crime)

 Rape with Homicide;
 Robbery with Homicide.
Prosecution of Offenses:
How to amend or substitute a
Complaint or Information.
 1. A complaint or information may be amended, in form or
in substance,
 without leave of court,
 at any time before the accused enters his plea. (Sec 14
first par Rule 110 RoC)
Prosecution of Offenses:
How to amend or substitute a
Complaint or Information.
 2. After the plea and during the trial, a formal
amendment may only be made
 with leave of court
 and when it can be done without causing prejudice to
the rights of the accused. (Sec 14 first par Rule 110 RoC)
Prosecution of Offenses:
How to amend or substitute a
Complaint or Information.
 3. However, any amendment before plea,
 which downgrades the nature of the offense charged in
 or excludes any accused from the complaint or information,
 can be made only upon motion by the prosecutor,
 with notice to the offended party
 and with leave of court. (Sec 14 second par Rule 110 RoC)
Prosecution of Offenses:
How to amend or substitute a
Complaint or Information.
 The court shall state its reasons in resolving the motion
 and copies of its order shall be furnished all parties,
especially the offended party. (Sec 14 second par Rule 110
RoC)
Prosecution of Offenses:
How to amend or substitute a
Complaint or Information.
 4. If it appears at any time before judgment that a
mistake has been made in charging the proper offense,
 the court shall dismiss the original complaint or
information
 upon the filing of a new one charging the proper offense in
accordance with section 19, Rule 119,
 provided the accused shall not be placed in double
jeopardy. (Sec 14 third par Rule 110 RoC)
Prosecution of Offenses:
How to amend or substitute a
Complaint or Information.
 The court may require the witnesses to give bail for their
appearance at the trial. (Sec 14 third par Rule 110 RoC)
Prosecution of Offenses:
Rule 110 – Prosecution of Offenses.
 Any Question?
For Next Meeting:
 Codal:
 Rule 111 – Prosecution of Civil Action
 Book/s:
 Judge Janice L. Andrade-Uoarbe
 Covering Rule 111 – Prosecution of Civil Action
For Next Meeting:
 Cases for Digest and/or Discussion:
 Rule 111 – Prosecution of Civil Action
 GR 155531-34, Jul 29, 2005 – Rodriguez vs Fonferranda
 GR 220916, Jun 14, 2021 – People vs Camenforte
 GR 218964, Jun 30, 2020 – Mathay vs Gandionco