27 JUNE 2018 CLASS

I. ​COVERAGE: RULE 110

II. ​QUESTIONS

1. How are criminal actions instituted?

- 1. For offenses where a preliminary

investigation is required, by filing a
complaint with the proper officer for the
purpose of conducting the requisite
preliminary investigation
- 2. For the other offenses, by filing the
complaint or information directly with
the MTC or complaint with the office
of the prosecutor

2. What is the effect of institution of the criminal

action?

- It shall interrupt the running off the period of

prescription of the offense unless otherwise
provided for in special laws

3. Can criminal action be enjoined? If yes, in what

instance?

GENERAL RULE: No, public interest

requires that criminal acts must be
immediately investigated and prosecuted

- EXCEPTIONS:
1. To afford adequate protection to
constitutional rights of the accused

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 - 2. When necessary for the orderly
administration of justice or to avoid
oppression or multiplicity of actions
- 3. Where there is a prejudicial question
which is sub judice (before a court or judge
for consideration)
- 4. When the acts of the officer are without
or in excess of authority
- 5. Where the prosecution is under
invalid law, ordinance, or regulation
- 6. When double jeopardy is clearly apparent
- 7. Where the court had no jurisdiction over
the offense
- 8. Where is it a case of persecution rather
than prosecution
- 9. Where the charges are manifestly false
and motivated by the lust for vengeance
- 10. When there is clearly no prima facie case
against the accused and a motion to quash on
that ground has been denied
- 11. Preliminary injunction has been issued
by the Supreme Court to prevent the
threatened unlawful arrest of petitioners

4. What is a 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.
​
5. What is an Information?

- An information is an accusation in writing

charging a person with an offense,

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 subscribed by the prosecutor and filed with
the court

6. Differentiate complaint from information?

- Information need not be sworn to for the

reason that the public prosecutor is charged
with special duty and is acting under special
responsibility of his oath of office.
- Complaint maybe filed by any complainant.
This is because the public prosecutor is
authorized by law to investigate any
complaint. If such an investigation leads to a
finding of probable cause to hold a
respondent for trial, the public prosecutor
can file the proper information by the
aggrieved party.

7. Who must prosecute criminal actions?

- All criminal actions commenced by a

complaint or information shall be
prosecuted under the direction and
control of the prosecutor. However, in
Municipal Trial Courts or Municipal
Circuit Trial Courts when the prosecutor
assigned thereto or to the case is not
available, the offended party, any peace
officer, or public officer charged with the
enforcement of the law violated may
prosecute the case. This authority shall
cease upon actual intervention of the
prosecutor or upon elevation of the case
to the Regional Trial Court. (Section 5,
Rule 110)

8. Can the Fiscal refuse the prosecution of an

offense?

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 - The institution of a criminal action depends
upon the sound discretion of the fiscal. He
has the quasi-judicial discretion to determine
whether or not a criminal case should be
filed in court. (Paderanga vs Drilon et al)

- He may not file if he is not convinced with

the evidence to support the allegation

9​ . ​Supposing A was mauled by B. The medical

certificate of A indicated that his injury requires a
healing period of 15 days. What should A do to attain
justice? Should A first lodge a complaint before
Barangay Conciliation Proceeding?

- No. The offense is less serious physical injuries and

the penalty is arresto mayor (1-6 mos). A can go to
the barangay to file for a Certificate for Conciliation
first since the punishment does not exceed for 1
year and does not fall within the ambit of the
exceptions.

10. What is the rule regarding prosecution of

adultery and concubinage?

- 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.

1​ 1. ​Who are the persons allowed to file cases

for violations of R.A 7610?

- Offended party
- Parents or guardians
- Ascendant or collateral relative within the third

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 degree of consanguinity;
- Officer, social worker or representative of a licensed
child-caring institution;
- Officer or social worker of the Department of Social
Welfare and Development;
- Barangay chairman; or
- At least three (3) concerned responsible citizens
where the violation occurred.

​12. ​Can a Fiscal refuse to prosecute a crime

after his motion to dismiss, anchored on the finding of a
reinvestigation that no probable cause exists, was
denied?

- NO. In spite of his opinion to the contrary, it is the

duty of the fiscal to proceed with the presentation of
evidence of the prosecution to the Court to enable
the Court to arrive at its own independent judgment
as to whether the accused should be convicted or
acquitted. The fiscal should not shirk from the
responsibility of appearing for the People of the
Philippines. (ABS CBN Corp vs Gozon)

1​ 3. ​What is the test for sufficiency of a

complaint or information.

- A complaint or information is sufficient if it

states the name of the accused; the designation
of the offense given by the statute; the acts or
omissions complained of as constituting the
offense; the name of the offended party; the
approximate date of the commission of the offense;
and the place where the offense was committed.

- When an offense is committed by more than one

person, all of them shall be included in the
complaint or information.

​14 ​Supposing that an information was

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 defective because it charged a single accused when in
fact there were two, can it be raised during appeal?

- No, it cannot be raised during appeal but only upon

arraignment. If he fails to question the insufficiency
or defect of the information or complaint during
arraignment, he is deemed to have waived his
objections to the defect on the information.

1​ 6. ​Supposing the accused was arraigned under

a wrong name, will it invalidates the information?

- Such amendment to insert in the information real

name of the accused involves merely a matter of
form as it does not, in any way, deprive any of the
accused of a fair opportunity to present a defense;
neither is the nature of the offense charged affected
or altered since the revelation of accused's real
name does not change the theory of the prosecution
nor does it introduce any new and material fact.

1​ 7. ​What is the rule in the designation of the

offense in the complaint?

- 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. If there is no designation of the
offense, reference shall be made to the section or
subsection of the statute punishing it.

1​ 8. ​What is the effect of failing to allege

qualifying and aggravating circumstance in the
information but established during trial?

- Section 16. ​Intervention of the offended party

in criminal action. — Where the civil action for
recovery of civil liability is instituted in the criminal

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 action pursuant to Rule 111, the offended party may
intervene by counsel in the prosecution of the
offense.

1​ 9. ​Supposing the information for Rape failed

to describe the describe the certain circumstance as
“aggravating/qualifying” will it be sufficient for the court
to appreciate those circumstances?

- Yes. The qualifying circumstances need not be

preceded by descriptive words such as “qualifying”
or “qualified by” to properly qualify an offense. It is
not the use of such words that raises the crime to a
higher category, but the specific allegation of an
attendant circumstance.

2​ 0. ​How should acts and omissions constituting

offense be described in the information?

- Section 9. ​Cause of the accusation. — 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.

2​ 1. ​Under what manner should place of

commission of the offense be alleged in the information?

- Section 10. ​Place of commission of the offense.

— 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

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 where it was committed constitutes an essential
element of the offense or is necessary for its
identification.

2​ 2. ​Is it indispensable to state the exact date of

commission of offense?

- Section 11. ​Date of commission of the offense.

— 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. The offense may be alleged to have
been committed on a date as near as possible to the
actual date of its commission.

2​ 3. ​How should the offended party be

mentioned in the information.

- Section 12. ​Name of the offended party. —

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. If there is no better way of
identifying him, he must be described under a
fictitious name.
-
- (a) ​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.
- (b) ​If the true name of the of the person against
whom or against whose properly 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.
- (c) ​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

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 be identified, without need of averring that it is a
juridical person or that it is organized in accordance
with law.

​24. ​Should a complaint or information charge

only one offense?

- Section 13. ​Duplicity of the offense. — A

complaint or information must charge but one
offense, except when the law prescribes a single
punishment for various offenses.

​25. ​Is amendment of the information allowed?

- Section 14. ​Amendment or substitution. — 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. 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.

- 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. The court shall state its reasons
in resolving the motion and copies of its order shall
be furnished all parties, especially the offended
party. (n)

- 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

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 be placed in double jeopardy. The court may require
the witnesses to give bail for their appearance at the
trial.

​26. ​What is double jeopardy?

- Double jeopardy is a procedural defence that

prevents an accused person from being tried again
on the same charges and on the same facts,
following a valid acquittal or conviction.

2​ 7. ​What is the rule on regarding the location

of institution of criminal action?

- Section 15. ​Place where action is to be

instituted. —

- (a) ​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.

- (b) ​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.

- (c) ​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.

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 - (d) ​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.

2​ 8. ​What is the rule in the intervention of

offended party in the criminal case?

- Section 16. ​Intervention of the offended party in

criminal action. — 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.

III. ​CASES FOR READING

1. Atty Miguel Paderanga v. Franklin Drilon et al., SCRA

86

2. Crespo vs Mogul

3. People vs Renandang Mamaruncas and Pendatum

Ampuan, G.R. No. 179497, 25 January 2012

4. People vs Martin Cagadas Jr. et al., 193 SCRA 216

​
5.People vs Rodelio Aquino, 386 SCRA 392 (2002)

6. Claudio J. Teehankee v. Hon. Job Madayag et al.

(SCRA 134

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