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Crimpro Memory Aid Ateneo

Crimpro Memory Aid Ateneo

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Published by: magdaloo on Aug 18, 2010
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1
REMEDIAL LAW (CRIMINAL PROCEDURE)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
CRIMINAL PROCEDURE
*
 R
ULE
110
 
P
ROSECUTION OF
O
FFENSES
 
1. General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filingof complaint by a complainant or an information by the prosecuting officer 
Court gains jurisdiction over the person of the accused upon arrest or surrender;such jurisdiction once gained cannot be lost even if accused escapes (
Gimenez vs. Nazareno
)
Jurisdiction of the court over the offense is determined at the time of theinstitution of the action and is retained even if the penalty for the offense is later lowered or raised (
People vs. Lagon
)2.
Complaint 
– sworn written statement charging a person with an offense, subscribedby the offended party, any peace officer or other public official chargedwith the enforcement of the law violated
Information
– accusation in writing charging a person with an offense, subscribed bythe fiscal and filed with the court3. Complaint and Information distinguished:
C
OMPLAINT
I
NFORMATION
 
A sworn statement Need not be sworn toSubscribed by the offended party, anypeace officer or other officer charged withthe enforcement of the law violatedSubscribed to by the fiscalMay be filed either with the court or in thefiscal’s office generally to commence thepreliminary investigation of the chargesmadeFiled with the court4. Cases where civil courts of equal rank are vested with concurrent jurisdiction:a. Features stated in Art. 2, RPC
Cognizable by proper court in which charge is first filedb. Continuing crimes committed in different judicial regionsc. Offenses wherein any of the essential elements were committed in differentterritorial jurisdictionsd. Offenses committed aboard a train, vehicle, aircraft or vessel (see R110, §15)i. Railroad, train, aircraft(1) Territory or municipality where vehicle passed(2) Place of departure(3) Place of arrivalii. Vessel(1) First port of entry(2) Thru which it passed during voyagee. Libel and written defamation5. Remedies of offended party when fiscal unreasonably refuses to file an informationor include a person therein as an accuseda. In case of grave abuse of discretion, action for 
mandamus
 b. Lodge a new complaint against the offendersc. Take up matter with the Secretary of Justice

*
 
This is the old Criminal Procedure. As of printing time, the coverage for the Bar Exams has notbeen released yet, so we included the old Criminal Procedure. The Memory Aid for the 2000Rules of Criminal Procedure will be in the Annex.
 
 
2
REMEDIAL LAW (CRIMINAL PROCEDURE)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
d. Institute administrative charges against the erring fiscale. File criminal charges under Art. 208, RPC (prosecution of offenses)f. File civil action under Art. 27, NCC for damages (PO refuses or neglects toperform official duty)g. Secure appointment of another fiscalh. Institute another criminal action if no double jeopardy is involved6. Writs of injunction or prohibition to restrain a criminal prosecution are not available,EXCEPTa. To afford adequate protection to constitutional rights of accusedb. Necessary for the orderly administration of justice or to avoid oppression or multiplicity of actionsc. Pre-judicial question which is
sub judice
 d. Acts of the officer are without or in excess of authoritye. Prosecution is under an invalid law, ordinance or regulationf. Double jeopardy is clearly apparentg. Court has no jurisdiction over the caseh. Case of persecution rather than prosecutioni. Charges are manifestly false and motivated by lust for vengeance j. Clearly no
 prima facie
case against the accused and MTQ on that ground hadbeen denied7. Institution of Criminal Actions:a. In RTC:
By filing a complaint with the appropriate officer for the purpose of conductingrequisite preliminary investigation therein.b. In Municipal Trial Courts and Municipal Circuit Trial Courts:
By filing the complaint or information directly with said courts, or a complaintwith the fiscal’s officec. In Metropolitan Trial Courts
By filing the complaint ONLY with the office of the fiscal
In all 3 above cases, such institution shall interrupt the period of prescriptionof the offense charged (Rule 110, §1)d. Offenses subject to summary procedure
[i.e. (1) violation of traffic laws; (2) violation of rental laws; (3) violation of municipal or city ordinances; and (4) criminal cases where the penalty does not exceed 6 months or fine of P1000 or both, irrespective of other imposable penalties and civil liabilities] 
The complaint or information shall be filed directly in court without need of aprior preliminary examination or preliminary investigation.
 
Zaldivia vs. Reyes
– since a criminal case covered by the Rules of SummaryProcedure shall be deemed commenced only when it is filed in court, then therunning of the prescriptive period shall be halted on the date the case isactually filed in court and not on any date before that.
 
Reodica vs. CA
– [clarifies
Zaldivia
above] Under Art. 91 of the RPC, theperiod of prescription shall be interrupted by the filing of the complaint or information. It does not distinguish whether the complaint is filed for preliminary examination or investigation only, or for an action on the merits.Thus, the filing of the complaint even with the fiscal’s office should suspendthe running of the Statute of Limitations. The ruling in
Zaldivia is
notapplicable to all cases subject to the Rules on Summary Procedure, sincethat particular case involved a violation of an ordinance. Therefore, theapplicable law therein was not Art. 91 of the RPC, but Act No. 3326 (“An Act
 
3
REMEDIAL LAW (CRIMINAL PROCEDURE)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
to Establish Periods of Prescription for Violations Penalized by Special Actsand Municipal Ordinances and to Provide when Prescription Shall Begin toRun”), §2 of which provides that period of prescription is suspended onlywhen judicial proceedings are instituted against the guilty party.8. Contents of informationa. Name of the accused
Information may be amended as to the name of the accused, but suchamendment cannot be questioned for the first time on appeal (
People vs.Guevarra
)
Error of name of the offended party: if material to the case, it necessarilyaffects the identification of the act charged. Conviction for robbery cannot besustained if there is a variance between the allegation and the proof as to theownership of the property stolen.b. Designation of offense by statute (or of section/subsection of statute violated)
Only one offense charged, EXCEPT where law prescribes a singlepunishment for various offenses.
If facts do not completely allege all the elements of the crime charged, theinfo may be quashed; however, the prosecution is allowed to amend the infoto include the necessary facts (
People vs. Purisima
)c. Acts or omissions complained of constituting the offense
Information need only allege facts, not include all the evidence which may beused to prove such facts (
Balitaan vs. CFI 
)d. Name of offended partye. Approximate time of commission
Approximation of time is sufficient; amendment as to time is only a formalamendment; no need to dismiss case (
People vs. Molero
)
A significant discrepancy in the time alleged cannot be sustained since suchwould allow the prosecution to prove an offense distantly removed from thealleged date, thus substantially impairing the rights of the accused to beinformed of the charges against him (
People vs. Reyes
)f. Place of commission
Conviction may be had even if it appears that the crime was committed not atthe place alleged, provided that the place of actual commission was withinthe court’s jurisdiction and accused was not surprised by the variancebetween the proof and the information
Qualifying and inherent aggravating circumstances need to be alleged asthey are integral parts of the crime. If proved, but not alleged, become onlygeneric aggravating circumstances.9. Amendment of information and Substitution of information, distinguished
A
MENDMENT
S
UBSTITUTION
 
Involves either formal or substantialchangesNecessarily involves a substantial changeWithout leave of court if before plea Needs leave of court as originalinformation has to be dismissedWhere only as to form, there is no need for another preliminary investigation andretaking of plea of accusedAnother preliminary investigation isentailed and accused has to plead anewRefers to the same offense charged or which necessarily includes or isnecessarily included in original charges,hence, substantial amendments to infoafter plea taken cannot be made over Requires or presupposes that new infoinvolves a different offense which does notinclude or is not included in the originalcharge, hence, accused cannot claimdouble jeopardy

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