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Prosecution of Offenses
(Rule 110)
Section 1. Institution of criminal actions.
For offenses where a preliminary
investigation is required - by filing the
complaint with the proper officer for the
purpose of conducting the requisite
preliminary investigation.
Preliminary investigation is REQUIRED for
offenses where the penalty prescribed by law
is at least 4 years, 2 months and 1day without
regard to fine (Rule 112, Sec. 1 Par.2).
How instituted?
By filing the:
1) Complaint, or
2) Information.
FORM
1. In writing;
2. In the name of the People of the
Philippines; and
3. Against all persons who appear to
be responsible for the offense
involved.
A Complaint is:
1. a sworn written statement;
2. charging a person with an offense;
3. subscribed by the offended party,
any peace officer or other public
officer charged with the
enforcement of the law violated.
An Information is:
1. an accusation in writing;
2. charging a person with an offense;
3. subscribed by the prosecutor and
filed with the court.
COMPLAINT
Subscribed by the
offended party, any
peace officer or
other officer
charged with the
enforcement of the
law violated
it may be filed
either in court or in
the prosecutors
office
must be made
under oath
INFORMATION
Subscribed by the
fiscal
(indispensable
requirement)
PROSECUTION OF CRIMES
AGAINST CHASTITY
3. A defamation imputing to a
person any of the foregoing
crimes of concubinage, adultery,
seduction, abduction, rape or acts of
lasciviousness can be prosecuted
only by the party or parties defamed
(Article 360, last par., Revised Penal
Code).
PURPOSE
to enable the court to pronounce
proper judgment;
to furnish the accused with such a
description of the charge as to
enable him to make a defense;
as a protection against further
prosecution for the same cause.
PURPOSE
To show territorial jurisdiction.
EXCEPTIONS:
Where from the nature of the crime
and the law defining and punishing
it, NO civil liability arises in favor of
the offended party; and
Where the offended party has
waived his right to civil indemnity
OR has expressly reserved his right
to institute a civil action OR has
already instituted said action.
THANK
YOU!!!