RULE 110 PROSECUTION OF OFFENSES

SECTION TITLE RULE EXCEPTION

1 INSTITUTION OF CRIMINAL I. Offenses where:

ACTION Preliminary Investigation is required Complaint / Information is to be filed
before a proper officer
Purpose: To Conduct the required Preliminary Investigation

II. All Other Offenses:

Complaint/Information is to be filed directly with MTC & MCTC or the complaint
with office of the Prosecutor.

III. Manila / Other Chartered Cities

Complaint shall be filed with the Office of the Prosecutor. III. Unless otherwise provided in their charters.

The institution of Criminal Action Interrupts the period of prescription of the

offense charge *Unless otherwise provided in special law

2 THE COMPLAINT OR Must be in writing:

INFORMATION In the Name of the People of the Philippines
Against all persons who appear to be responsible for the offense involved.

3 COMPLAINT DEFINED Complaint Sworn written statement charging a person with an offense
charged with the enforcement of the law violated.
Subscribed by Offended party, any peace officer, or other public officer.

4 INFORMATION DEFINED Information Accusation in writing charging a person with an offense:

Subscribed by Prosecutor, and filed with the court.

5 WHO MUST PROSECUTE I. All criminal actions commenced by a complaint or information shall be
CRIMINAL ACTIONS prosecuted under the direction and control of the Prosecutor.

II. Heavy Work Schedule

Private prosecutor may be authorized to prosecute the case subject to the
approval of the court and in writing by the Chief of the Prosecution Office or the
Regional State Prosecution.

III. Crimes of Adultery

Shall not be prosecuted
Complaint must be filed by the offended spouse
IV. Seduction, Abduction and Acts of Lasciviousness
Shall not be prosecuted Complaint must be filed by offended party or her
parents, grandparent or guardian but if the
Minors has the right to initiate the prosecution independently of his parents or offended party became incapacitated or dies and
guardians unless he / she is incompetent or incapable of doing so. no known parents or guardian, the State shall
initiate the action in her behalf.
But in case that MINORS have failed to file a complaint, the parents or guardians
may file the same
Except at the instance of and complaint filed by
the complainant.
V. Defamation
 All the imputations above cannot be used to file a criminal action for defamation

6 SUFFICIENCY OF Elements of a Complaint or Information:

COMPLAINT OR 1. Name of the Accused
INFORMATION 2. The designation of the offense given by the statute
3. The acts or ommissions complained of as constituting the offense
4. The name of the offended party
5. The approximate date of the commission of the offense
6. The place where the offense was committed.

All of the accused involved in the commission of the crime shall be included in
the complaint or information.

7 I. NAME OF THE ACCUSED The Complaint or Information must:

State the name and surname of the accused.

Any appellation or nickname by which he has been or is known.

Name cannot be ascertained?

Accused must be described under a fictitious name emphasizing that his true
name is unknown.
Name of the accused was thereafter made known in the course of the trial, it can
be inserted in the complaint or information or record at any time.

8 II. DESIGNATION OF THE The complaint or Information shall state:

OFFENSE
Designation of the offense given by the statute No Designation of the offense, reference shall be
Aver the acts or omission constituting the offense made to the statute.
Specify its qualifying or aggravating circumstances.

9 III. CAUSE OF THE The following must be stated in concise and simplified terms sufficient to
ACCUSATION be understood by an ordinary mind to know what offense if being
charged and for the pronouncement of judgment.

Acts complained of constituting the offense

Qualifying Circumstances
Aggravating Circumstances

10 IV. PLACE OF THE Sufficient is a complaint or information if essential ingredients of the offense
COMMISSION OF THE occurred at some place within the jurisdiction of the court.
OFFENSE
11 V. DATE OF THE It is not necessary to state the precise date of the offense when it was Necessary if the date of the commission of the
COMMISSION OF THE committed. offense is a material ingredient of the offense.
OFFENSE
It is enough that the date be alleged to have been committed near as possible to
the actual date.

12. VI. NAME OF THE Name and Surname of the offended party. Otherwise, if no identification the accused must
OFFENDED PARTY Any appellation or Nickname for which he is known. be described under a fictitious name.
a. Offenses against property
The property itself must be described
 with particularity.
b. The true identification of the accused
made known in the course of the trial,
SECTION TITLE RULE EXCEPTION
shall be inserted to the complaint,
information or record.
1 INSTITUTION OF I. Civil action for the recovery of the Civil Liability is deemed The offended party waives the civil action
c. Juridical persons
CRIMINAL AND CIVIL instituted with criminal action. Reserves the right to institute it separately
It is sufficient to state its name
ACTION Institutes the civil action prior to criminal action
Any name or designation it is known

13. DUPLICITY OF THE Must charge only with 1 offense. When law prescribe single punishment for various
OFFENSE offenses.

14. AMENDMENT OF Before the accused enter his plea Amendments made by the Prosecutor with leave
SUSTITUTION Amendment can be made anytime without leave of court. of court and notice to the offended party:
a. Downgrades the nature of the
After plea and during the trial offense
Amendment can only be made with leave of court or when it can be done without b. Excludes any accuse from the
prejudice to the rights of the accused. complaint or information

Mistake in charging of the proper offense

Original complaint must be dismissed and file a new one with proper offense in
accordance of Sec 19 Rule 119 provided that the accused will not be placed in
double jeopardy.

15. Place where action is to be a. General Rule

instituted At the court or municipality or territory where the offense was
committed / when its essential ingredients occurred.

b. Offense committed in a train, an aircraft, or other public or

16. INTERVENTION OF THE
OFFENDED PARTY IN
CRIMINAL ACTION
private vehicle in the course of its trip
At the court of any municipality or territory where the vehicle passed,
including the place of departure and arrival.
c. Offense committed on board a vessel in the course of its voyage.
At the court of the first port of entry or of any municipality or
territory the vessel passed subject to the generally accepted
principles of international law.
d. Crimes committed outside the Philippines but punishable under Art 2 of
RPC.
Cognizable by the court where the criminal action is first filed.
Civil actions of civil liability instituted in the criminal action, the offended party
may intervene by counsel in the prosecution of the offense.

RULE 111 PROSECUTION OF OFFENSES

 Except as otherwise provided, no filing feels shall be required for actual damages.

Ia. Reservation of the right to institute civil action separately.

Shall be made before the prosecution starts presenting
its evidence.
Under the circumstance affording the offended party a
reasonable opportunity to make such reservation.

Ib. Awarding Damages

1. Without specifying the amount in the complaint for
Civil action for the recovery of civil liability by way of
Moral, Nominal, Temperate, or Exemplary Damages.
Filing fees shall constitute a first lien on the
judgment for the awarding of damages.

2. Amount for Damages Specified

Filing fees shall be paid by the offended party in
the court.

Ic. No counterclaim, cross-claim or third party complaint may

be filed by the accused in the criminal case.
Any cause of action may be litigated in a separate civil action.

II. BP22
Civil action is deemed instituted with the criminal
action.
No reservation allowed
Joint Criminal and Civil Action Offended party
shall pay its filing fee corresponding to the check
involved considered as actual damages claimed.
Damages (Liquidated, moral, nominal, temperate
or exemplary) Offended party shall pay its filing
fee based on the amount alleged.
No Amount alleged / specified the filing fees
based on the amount awarded shall constitute a
first lien on the judgment.

III. Civil Action when filed separately provided that it has not
commence yet its trial, may be consolidated with the criminal
action.

2. WHEN SEPARATE CIVIL When criminal action has been commenced

ACTION IS SUSPENDED The separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the
criminal action.

When the criminal action is filed after the said civil action has
already been instituted.
The separate civil action shall be suspended in
 whatever stage before the judgment on the merits.
The suspension shall last until final judgment is
rendered in the criminal action.

Prescription Period for Civil Action when tried and heard

jointly with the Criminal Action
The prescriptive period shall be tolled.

Extinction of Penal Action does not carry with the Extinction of Civil Action based on Delict may be deemed extinguished if the final judgment on
Civil Action Criminal action that such acts or omissions from which a civil liability may arise did
not exist.
3. WHEN CIVIL ACTION MAY The Offended party may brought a separate civil
PROCEED INDEPENDENTLY action.
Such separate civil action may proceed independently
and requires only a preponderance of evidence.
The offended party cannot recover damage twice for
the same act or omission in the criminal action.

4. EFFECT OF DEATH ON CIVIL Death after arraignment or during the pendency of the
ACTIONS Criminal Action
Extinguishment of Civil Liability in the event that it was
instituted with the criminal action

In the event that Civil Action was instituted separately,

it may still continue and be charged against the estate
or legal representative of the accused after proper
substitution.

The heirs may be substituted for the deceased without

requiring the appointment of an executor or
administrator

Minor heirs the court may appoint a guardian ad

litem for the minor heirs.

*ad litem - appointed to act in a lawsuit on behalf of a child or

other person who is not considered capable of representing
themselves.

Substitutes / Representatives are required to appear

before the court and be substituted within 30 days
from notice.

Death before arraignment

Case dismissed but a separate civil action can be filed
against the estate of the deceased.
5. JUDGMENT IN CIVIL If defendant was absolved from civil liability, it is not a bar to
ACTION NOT A BAR the criminal action to proceed.
6. SUSPENSION BY REASON
OF PREJUDICIAL
QUESTIONS