

Motion to quash a warrant of

COURTS AND ITS JURISDICTION arrest
o By seeking affirmative reliefs from the court
o Posting bail without qualifying his appearance
 Criminal Procedure – adjudication process of criminal law therein
 Jurisdiction o Entering a plea and participating actively in the
o An important issue in criminal procedure trial
o Basic foundation of judicial proceedings  May be waived
o May refer to:
 The authority of the court to entertain a Custody of the law Jurisdiction
particular kind of action or to  Required before the  Accomplished by
administer a particular kind of relief court can act upon arrest or voluntary
 The power of the court over the parties the application for appearance
 The power of the court over the bail  One can be subject to
property which is the subject to the  Not required for the the jurisdiction of the
litigation adjudication of other court and yet not be
o In general, refers to the court’s authority to hear reliefs in the custody of the
and try a particular case and impose the  Accomplished by law
punishment for it either arrest or
voluntary surrender
Jurisdiction over the subject matter  One can be under the
custody of the law
 The power to hear and determine cases of the general class but not yet subject to
to which the proceedings in question belong the jurisdiction of the
 Source: court over his person
o The Constitution  Literally custody
o Statute over the body of the
 The applicable statute that is in force accused; includes but
not during the arraignment of the is not limited to
accused, but at the time of the detention
commencement of the action
 Requirement: Venue and territorial jurisdiction in criminal cases
o The elements of that definition must appear in the
complaint or information as to ascertain which BP Blg. 129 Section 18. Authority to define territory appurtenant
court has jurisdiction over a case. to each branch. – The Supreme Court shall define the territory
 The jurisdiction is determined by the allegations in the over which a branch of the Regional Trial Court shall exercise its
complaint or information and not by the evidence presented authority. The territory thus defined shall be deemed to be the
by the parties at the trial. territorial area of the branch concerned for purposes of
 Cannot be conferred upon the court by the accused by determining the venue of all suits, proceedings or actions, whether
express waiver or otherwise. civil or criminal, as well as determining the Metropolitan Trial
 Not affected by the pleas or the theories set up by defendant Courts, Municipal Trial Courts, and Municipal Circuit Trial
or respondent in an answer, a motion to dismiss, or a Courts over the said branch may exercise appellate jurisdiction.
motion to quash. The power herein granted shall be exercised with a view to
 No jurisdiction over subject matter → judgment, order, or making the courts readily accessible to the people of the different
resolution issued is void and cannot be given any effect parts of the region and making the attendance of litigants and
 When to raise: Any stage of the proceedings witnesses as inexpensive as possible.
o Exception: When barred by estoppel or laches
(see Tijam, et al. vs. Sibonghanoy, et al.) RULE 110, Section 10. Place of commission of the offense. —
 Generally cannot be subject of waiver The complaint or information is sufficient if it can be understood
from its allegations that the offense was committed or some of the
Jurisdiction over the person of the accused essential ingredients occurred at some place within the jurisdiction
of the court, unless the particular place where it was committed
 When acquired: constitutes an essential element of the offense or is necessary for
o Upon the accused’s apprehension, with or its identification. (10a)
without warrant
o Upon the accused’s voluntary appearance RULE 110, Section 15. Place where action is to be instituted. —
 Appearance of the accused for
arraignment
 Appearance of a counsel for an accused (a) Subject to existing laws, the criminal action shall be
 Exception: Special appearances or instituted and tried in the court of the municipality or
those whose prayer is precisely for the territory where the offense was committed or where any
avoidance of the jurisdiction of the of its essential ingredients occurred.
courts
 Motion to quash a complaint (b) Where an offense is committed in a train, aircraft, or
on the ground of lack of other public or private vehicle while in the course of its
jurisdiction 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.
(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. (15a)
REVISED PENAL CODE, Article 360. Persons responsible. -
Any person who shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar means, shall
be responsible for the same.
The author or editor of a book or pamphlet, or the editor or
business manager of a daily newspaper, magazine or serial
publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
The criminal and civil action for damages in cases of written
defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance of the
province or city where the libelous article is printed and first
published or where any of the offended parties actually resides at
the time of the commission of the offense: Provided, however,
That where one of the offended parties is a public officer whose
office is in the City of Manila at the time of the commission of the
offense, the action shall be filed in the Court of First Instance of
the City of Manila, or of the city or province where the libelous
article is printed and first published, and in case such public
officer does not hold office in the City of Manila, the action shall
be filed in the Court of First Instance of the province or city where
he held office at the time of the commission of the offense or
where the libelous article is printed and first published and in case
one of the offended parties is a private individual, the action shall
be filed in the Court of First Instance of the province or city where
he actually resides at the time of the commission of the offense or
where the libelous matter is printed and first published: Provided,
further, That the civil action shall be filed in the same court where
the criminal action is filed and vice versa: Provided, furthermore,
That the court where the criminal action or civil action for
damages is first filed, shall acquire jurisdiction to the exclusion of
other courts: And, provided, finally, That this amendment shall not
apply to cases of written defamations, the civil and/or criminal
actions which have been filed in court at the time of the effectivity
of this law.
Preliminary investigation of criminal action for written
defamations as provided for in the chapter shall be conducted by
the provincial or city fiscal of the province or city, or by the
municipal court of the city or capital of the province where such
action may be instituted in accordance with the provisions of this
article.
No criminal action for defamation which consists in the
imputation of a crime which cannot be prosecuted de oficio shall
be brought except at the instance of and upon complaint expressly
filed by the offended party. (As amended by R.A. 1289, approved
June 15, 1955, R.A. 4363, approved June 19, 1965).
RA 10175, Section 21. Jurisdiction. — The Regional Trial Court
shall have jurisdiction over any violation of the provisions of this
Act. including any violation committed by a Filipino national
regardless of the place of commission. Jurisdiction shall lie if any
of the elements was committed within the Philippines or
committed with the use of any computer system wholly or partly
situated in the country, or when by such commission any damage
is caused to a natural or juridical person who, at the time the
offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by
specially trained judges to handle cybercrime cases.
1987 CONSTITUTION, Article VIII, Section 5. The Supreme
Court shall have the following powers:
(4) Order a change of venue or place of trial to avoid a miscarriage
of justice.
A.M. No. 10-1-06-RTC
For consideration of the Court are the following:
1. Letter dated December 23, 2009 of Acting Secretary Agnes
VST Devanadera, Department of Justice, requesting for transfer of
venue of Criminal Case No. SA-198, entitled "People of the
Philippines v. Data Andal Ampatuan, Sr., et al.," for rebellion
from the Regional Trial Court of Cotabato City to the Regional
Trial Court of Quezon City, citing the following as grounds
therefor:
a. The  events  occurring   in  the aftermath  of the  Maguindanao
Massacre reinforce the notion that the Philippines is now the most
dangerous place for journalists;
b. This is considered by media organizations as a flagship case
because of the interest it has generated in the local and
international press due to the perceived clout of the suspects who
belong to very influential and powerful political clans that
virtually rule Maguindanao as its fiefdom;
c. Although a panel of prosecutors composed of city, provincial
and state prosecutors has been formed to prosecute this case,
witnesses remain reluctant to fully disclose what they know if the
case will be tried in the very heart of the accused's territory; and
d. These factors do not instill confidence in the mind of potential
witnesses, court  personnel  and complainants that their security 
will  not  be compromised if trial is held in Maguindanao.
2. Letter dated January 4, 2010 of Atty. Philip Sigfrid A. Fortun of
Fortun Narvasa & Salazar Law Offices, counsel for the accused,
opposing the request for change of venue arguing that it will be
practical and protective of the accused's right to due process if
venue be maintained in Mindanao for accessibility to the courts
and convenience to those charged. He thus requests that venue be
maintained in Cotabato City or any other appropriate place in
Mindanao, such as Davao City or General Santos City. Paragraph
4, Section 5, Article VIII of the Constitution provides that the
Court may order a change of venue or place of trial to avoid a
miscarriage of justice.
The purpose of the provision is to ferret out the truth from the

opposing claims of the parties in a controversy by means of a fair
and impartial inquiry. Consequently, where there are serious and
weighty reasons present that would prevent the court of original
jurisdiction from conducting a fair and impartial trial, this Court
has been mandated to order a change of venue so as to prevent a
miscarriage of justice.[1] Among the reasons sufficient to justify a
change of venue is the reluctance of witnesses to testify-out of fear
for their personal security. Corrolarily, a hostile sentiment against
the accused at the place of the trial, giving rise to the possibility
that his life could be placed in clanger, is sufficient and justifiable
cause to order a change of venue of the trial. [2]
In view of the foregoing considerations and the proximity of
Camp Crame to the Regional Trial Court of Quezon City, the
Court deems it best that the hearing of the case be lodged before
the Regional Trial Court of Quezon City provided that the
proceedings be conducted in an appropriate place in Camp Crame,
with adequate equipment and facilities sufficient to accommodate
the court personnel, counsels of the parties and the parties and
witnesses to ensure the safety and security of the Presiding judge,
the court personnel and the parties and their counsels and
witnesses.
 Venue in criminal cases is different from that in civil cases.
o Venue is jurisdictional for criminal cases (either
or)
 The offense should be committed
within the territorial jurisdiction of the
court.
 Any one of the essential ingredients of
an offense must take place within the
territorial jurisdiction of the court.
 Applicable to transitory or
continuing offenses
o The place of commission of the offense or any of
its essential ingredients determines not only the
place where the criminal action is to be instituted,
but also the court that has jurisdiction to try and
hear the case.
o Not applicable to search warrants
 These are not criminal cases.
 A warrant merely constitutes process.
 The power to issue a special criminal
process (such as a search warrant) is
inherent in all courts.
 Rationale
o The jurisdiction of trial courts is limited to well-
defined territories such that a trial court can only
hear and try cases involving crimes committed
within its territorial jurisdiction.
o Laying the venue in the locus criminis is
grounded on the necessity and justice of having
an accused on trial in the municipality of
province where witnesses and other facilities for
his defense are available.
 To determine jurisdiction
o GENERAL RULE: The allegations in the
complaint or information are examined.
o EXCEPTION: If in the course of the trial, the
evidence shows that the offense was committed
elsewhere, the court should dismiss the action for
want of jurisdiction.
 EXCEPTION TO THE EXCEPTION:
Offenses with extraterritorial
application (see Section 15, Rule 110)
 Transfer of venue
o The accused has a right to ask for, and the
Supreme Court has the power to order a change
of venue or place of trial to avoid miscarriage of
justice.
 See Article VIII, Section 5, par. 4 of the
Constitution
o It is not equivalent to surrender of territorial
jurisdiction and is thus not a violation of the
requirement of jurisdiction.
o When done
 Whenever the interest of justice and
truth so demand
 There are serious and weighty reasons
to believe that a trial by the court that
originally had jurisdiction over the case
would not result in a fair and impartial
trial and lead to a miscarriage of justice
 The reluctance of the witnesses to
testify out of fear for their personal
security
 A hostile sentiment against the accused
at the place of trial, giving rise to the
possibility that his life could be placed
in danger
Adherence of jurisdiction
 GENERAL RULE: The jurisdiction of a court to try a
criminal action is determined by the law in force at the time
of the institution of the action.
 EXCEPTION: Where the statute expressly provides, or is
construed to the effect that it is intended to operate as to
actions pending before its enactment
Jurisdiction of the MeTC, MTC, and MCTC
BP Blg. 129, Section 32. Jurisdiction of Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts in criminal cases. – Except in cases falling within the
exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of
city or municipal ordinances committed within their
respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and regardless
of other imposable accessory or other penalties,
including the civil liability arising from such offenses or
predicated thereon, irrespective of kind, nature, value, or
amount thereof: Provided, however, That in offenses
involving damage to property through criminal
negligence they shall have exclusive original jurisdiction
thereof. (as amended by R.A, No. 7691)
BP Blg. 129, Section 35. Special jurisdiction in certain cases. – In
the absence of all the Regional Trial Judges in a province or city,
any Metropolitan Trial Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide petitions for a writ
of habeas corpus or applications for bail in criminal cases in the
province or city where the absent Regional Trial Judges sit.
ADMINISTRATIVE CIRCULAR NO. 09-94
For the guidance of the bench and the Bar, the following
guidelines are to be followed in the implementation of Republic
Act No. 7691, entitled "An Act Expanding the Jurisdiction of the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts, Amending for the Purpose Batas Pambansa
Blg. 129, Otherwise Known as the 'Judiciary Reorganization Act
of 1980":
1. The new jurisdiction of the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts in civil and original
cases, and in cadastral and land registration cases, under
Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended
by R.A. No. 7691. Was effective on April 15, 1994,
fifteen (15) days after the publication in the Malaya and
in the Times Journal on March 30, 1994, pursuant to
Section 8 of the R.A. No. 7691.
2. The exclusion of the term "damages of whatever
kind" in determining the jurisdictional amount under
Section 19 (8) and Section 33 (1) of B.P. Blg. 129, as
amended by R.A. No. 7691, applies to cases where the
damages are merely incidental to or a consequence of
the main cause of action. However, in cases where the
claim for damages is the main cause of action, or one of
the causes of action, the amount of such claim shall be
considered in determining the jurisdiction of the court.
3. The criminal jurisdiction of the Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Trial
Courts under Section 32 (2) of B.P. Blg. 129, as
amended by R.A. No. 7691, has been increased to cover
offenses punishable with imprisonment not exceeding
six (6) years irrespective of the amount of the fine. As a
consequence, the Regional Trial Courts have no more
original jurisdiction over offenses committed by public
officers and employees in relation to their office, where
the offense is punishable by more than four (4) years
and two (2) months up to six (6) years.
4. The provisions of Section 32 (2) of B.P. 129 as
amended by R.A. No. 7691, apply only to offenses
punishable by imprisonment or fine, or both, in which
cases the amount of the fine is disregarded in
determining the jurisdiction of the court. However, in
cases where the only penalty provided by law is a fine,
the amount thereof shall determine the jurisdiction of the
court in accordance with the original provisions of
Section 32 (2) of B.P. Blg. 129 which fixed original
exclusive jurisdiction of the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
Courts over offenses punishable with a fine of not more
than four thousand pesos. If the amount of the fine
exceeds four thousand pesos, the Regional Trial Court
shall have jurisdiction, including offenses committed by
public officers and employees in relation to their office,
where the amount of the fine does not exceed six
thousand pesos.
However, this rule does not apply to offenses involving
damage to property through criminal negligence which
are under the exclusive original jurisdiction of the
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts, irrespective of the
amount of the imposable fine.
PD 1606, Section 4. Jurisdiction. The Sandiganbayan shall have
jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended,
otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees
including those employed in government-owned or
controlled corporations, embraced in Title VII of the
Revised Penal Code, whether simple or complexed with
other crimes; and
(c) Other crimes or offenses committed by public
officers or employees, including those employed in
government-owned or controlled corporations, in
relation to their office.
The jurisdiction herein conferred shall be original and exclusive if
the offense charged is punishable by a penalty higher than prision
correccional, or its equivalent, except as herein provided; in other
offenses, it shall be concurrent with the regular courts.
In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees
including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers
and employees.
Where an accused is tried for any of the above offenses and the
evidence is insufficient to establish the offense charged, he may
nevertheless be convicted and sentenced for the offense proved,
included in that which is charged.
Any provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by, the Sandiganbayan,
the filing of the criminal action being deemed to necessarily carry
with it the filing of the civil action, and no right to reserve the
filing of such action shall be recognized; Provided, however, that,
in cases within the exclusive jurisdiction of the Sandiganbayan,
where the civil action had therefore been filed separately with a
regular court but judgment therein has not yet been rendered and
the criminal case is hereafter filed with the Sandiganbayan, said
civil action shall be transferred to the Sandiganbayan for
consolidation and joint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further, that, in
cases within the concurrent jurisdiction of the Sandiganbayan and
the regular courts, where either the criminal or civil action is first
filed with the regular courts, the corresponding civil or criminal
action, as the case may be, shall only be filed with the regular
courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are
criminal cases against officers and members of the armed forces in
the active service.
 Petitions for writ of habeas corpus or applications for bail
o In the absence of all RTC judges in a province or
city
  Exclusive original jurisdiction
o All violations of city or municipal ordinances
committed within their respective territorial
jurisdiction
o All offenses punishable with imprisonment not
exceeding 6 years
 Can exceed 6 years imprisonment if the
offense involves damage to property
through criminal negligence
o Only the penalty provided by law is a fine, and
such fine is not more than P4,000
Jurisdiction of the RTC
BP Blg. 129, Section 20. Jurisdiction in criminal cases. –
Regional Trial Courts shall exercise exclusive original jurisdiction
in all criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan which
shall hereafter be exclusively taken cognizance of by the latter.
BP Blg. 129, Section 23. Special jurisdiction to try special
cases. – The Supreme Court may designate certain branches of the
Regional Trial Courts to handle exclusively criminal cases,
juvenile and domestic relations cases, agrarian cases, urban land
reform cases which do not fall under the jurisdiction of quasi-
judicial bodies and agencies, and/or such other special cases as the
Supreme Court may determine in the interest of a speedy and
efficient administration of justice.
PD 1606, Section 4. Jurisdiction. The Sandiganbayan shall have
jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended,
otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees
including those employed in government-owned or
controlled corporations, embraced in Title VII of the
Revised Penal Code, whether simple or complexed with
other crimes; and
(c) Other crimes or offenses committed by public
officers or employees, including those employed in
government-owned or controlled corporations, in
relation to their office.
The jurisdiction herein conferred shall be original and exclusive if
the offense charged is punishable by a penalty higher than prision
correccional, or its equivalent, except as herein provided; in other
offenses, it shall be concurrent with the regular courts.
In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees
including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers
and employees.
Where an accused is tried for any of the above offenses and the
evidence is insufficient to establish the offense charged, he may
nevertheless be convicted and sentenced for the offense proved,
included in that which is charged.
Any provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by, the Sandiganbayan,
the filing of the criminal action being deemed to necessarily carry
with it the filing of the civil action, and no right to reserve the
filing of such action shall be recognized; Provided, however, that,
in cases within the exclusive jurisdiction of the Sandiganbayan,
where the civil action had therefore been filed separately with a
regular court but judgment therein has not yet been rendered and
the criminal case is hereafter filed with the Sandiganbayan, said
civil action shall be transferred to the Sandiganbayan for
consolidation and joint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further, that, in
cases within the concurrent jurisdiction of the Sandiganbayan and
the regular courts, where either the criminal or civil action is first
filed with the regular courts, the corresponding civil or criminal
action, as the case may be, shall only be filed with the regular
courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are
criminal cases against officers and members of the armed forces in
the active service.
REVISED PENAL CODE, Article 360. Persons responsible. -
Any person who shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar means, shall
be responsible for the same.
The author or editor of a book or pamphlet, or the editor or
business manager of a daily newspaper, magazine or serial
publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
The criminal and civil action for damages in cases of written
defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance of the
province or city where the libelous article is printed and first
published or where any of the offended parties actually resides at
the time of the commission of the offense: Provided, however,
That where one of the offended parties is a public officer whose
office is in the City of Manila at the time of the commission of the
offense, the action shall be filed in the Court of First Instance of
the City of Manila, or of the city or province where the libelous
article is printed and first published, and in case such public
officer does not hold office in the City of Manila, the action shall
be filed in the Court of First Instance of the province or city where
he held office at the time of the commission of the offense or
where the libelous article is printed and first published and in case
one of the offended parties is a private individual, the action shall
be filed in the Court of First Instance of the province or city where
he actually resides at the time of the commission of the offense or
where the libelous matter is printed and first published: Provided,
further, That the civil action shall be filed in the same court where
the criminal action is filed and vice versa: Provided, furthermore,
That the court where the criminal action or civil action for
damages is first filed, shall acquire jurisdiction to the exclusion of
other courts: And, provided, finally, That this amendment shall not
apply to cases of written defamations, the civil and/or criminal
actions which have been filed in court at the time of the effectivity
of this law.
  Original jurisdiction
Preliminary investigation of criminal action for written  Appellate jurisdiction
defamations as provided for in the chapter shall be conducted by o All cases decided by the MeTC, MTC, MCTC in
the provincial or city fiscal of the province or city, or by the their respective territorial jurisdiction
municipal court of the city or capital of the province where such  Special jurisdiction
action may be instituted in accordance with the provisions of this  Special laws
article. o Libel cases
o Election offenses
No criminal action for defamation which consists in the o Intellectual property cases
imputation of a crime which cannot be prosecuted de oficio shall o Agrarian cases
be brought except at the instance of and upon complaint expressly o Crimes against humanity
filed by the offended party. (As amended by R.A. 1289, approved o Cases involving minors, domestic violence
June 15, 1955, R.A. 4363, approved June 19, 1965).
Jurisdiction of the Sandiganbayan
RA 8369, Section 5. Jurisdiction offamily Courts. - The Family
Courts shall have exclusive original jurisdiction to hear and decide 1987 CONSTITUTION, Article XI, Section 4. The present anti-
the following cases: graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided
by law.
a) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of age  A special court of the same level as the Court of Appeals
but not less than nine (9) years of age or where one or more of the
 A court with special jurisdiction because its creation as a
victims is a minor at the time of the commission of the offense:
permanent anti-graft court is constitutionally mandated and
Provided, That if the minor is found guilty, the court shall
its jurisdiction is limited to certain classes of offenses
promulgate sentence and ascertain any civil liability which the
 Exclusive original jurisdiction (both must concur)
accused may have incurred.
o The position occupied by one or more of the
accused belongs to those with SG-27 or higher or
The sentence, however, shall be suspended without need of the other officials enumerated therein (even if
application pursuant to Ptesidential Decree No. 603, otherwise SG-26 or lower).
known as the "Child and Youth Welfare Code";  No distinction as to degree of
participation
RA 9160 Section 5. Jurisdiction of Money Laundering Cases. –  Includes public officials not covered by
The regional trial courts shall have jurisdiction to try all cases on the law and private individuals if acting
money laundering. Those committed by public officers and private in conspiracy with public officials
persons who are in conspiracy with such public officers shall be covered therein
under the jurisdiction of the Sandiganbayan.  The death of the public
officer prior to the filing of
the information does not
RA 9165 Section 90. Jurisdiction. – The Supreme Court shall
affect the Sandiganbayan’s
designate special courts from among the existing Regional Trial
jurisdiction over the case
Courts in each judicial region to exclusively try and hear cases
against the private person
involving violations of this Act. The number of courts designated
charged to be in conspiracy
in each judicial region shall be based on the population and the
with the same public officer.
number of cases pending in their respective jurisdiction.
o The nature of the crime allegedly committed is
either a violation of RA 3019 as amended, RA
The DOJ shall designate special prosecutors to exclusively handle 1379, and Chapter II Section 2 Title VII of the
cases involving violations of this Act. RPC, or any crime in relation to one’s public
office.
The preliminary investigation of cases filed under this Act shall be  An offense is said to be committed “in
terminated within a period of thirty (30) days from the date of relation to his office” if the offense
their filing. charged in the information is intimately
connected with the office and is alleged
to have been perpetrated while the
When the preliminary investigation is conducted by a public
accused was in the performance,
prosecutor and a probable cause is established, the corresponding
though improper or irregular, of his
information shall be filed in court within twenty-four (24) hours
official functions, there being no
from the termination of the investigation. If the preliminary
personal motive to commit the crime
investigation is conducted by a judge and a probable cause is
and had the accused not have
found to exist, the corresponding information shall be filed by the
committed it had he not held the
proper prosecutor within forty-eight (48) hours from the date of
aforesaid office.
receipt of the records of the case.
 The intimate relation between the
offense charged and the discharge of
Trial of the case under this Section shall be finished by the court official duties must be alleged in the
not later than sixty (60) days from the date of the filing of the information.
information. Decision on said cases shall be rendered within a o EXCEPTIONS (Both requisites are met)
period of fifteen (15) days from the date of submission of the case  The information does not allege any
for resolution. damage to the government or any
bribery
  The information alleges damage to the
government or bribery arising from the commence to run from the day on which the crime is discovered
same or closely related transactions or by the offended party, the authorities, or their agents, and shall be
acts in an amount not exceeding interrupted by the filing of the complaint or information, and shall
P1,000,000 commence to run again when such proceedings terminate without
 The offense is one which the law the accused being convicted or acquitted, or are unjustifiably
designates to be within the exclusive stopped for any reason not imputable to him.
original jurisdiction of the RTC
 In such cases, the
Sandiganbayan has exclusive The term of prescription shall not run when the offender is absent
appellate jurisdiction over from the Philippine Archipelago.
final judgments, resolutions,
or orders of the lower court.
 Appellate jurisdiction Committed in Committed outside in
o Final judgments, resolutions or orders of the RTC Manila or in a Manila or outside a
in cases where the requisite nature of the offense chartered city chartered city
and position of the accused are satisfied but “the Preliminary Office of the Office of the Prosecutor
information 1) does not allege any damage to the investigation is Prosecutor
government or any bribery, or 2) alleges damage required
to the government or bribery arising from the Preliminary Office of the 
MTC, MCTC
same or closely related transactions or acts in an investigation is Prosecutor 
Office of the
amount not exceeding P1,000,000 not required Prosecutor for
o Where the requisite nature of the offense is the purpose of
satisfied but none of the accused satisfy the investigation*
required position *The prosecutor is not precluded from conducting a preliminary
investigation if he wants to.

PROSECUTION OF OFFENSES Prescription

Institution of criminal actions by complaint or information
RULE 110, Section 1. Institution of criminal actions. — Criminal
actions shall be instituted as follows:
(a) 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.
(b) 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. In Manila and other
chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in
their charters.
 A rule of fairness
o Without it, the plaintiff can postpone the filing of
his action to the point of depriving the defendant,
through the passage of time, of access to:
 Defense witnesses who would have
died or left to live elsewhere
 The memories of witnesses
are eroded by time.
 Documents that would have been
discarded or no longer be located
 One of the grounds that totally extinguishes criminal
liability except where special law provides otherwise
 Where available, the following must be considered:
o Period of prescription for the offense charged
o Time when the period of prescription starts to run
o Time when the prescriptive period is interrupted
Prescriptive Period

 Revised Penal Code (Art. 90)

The institution of the criminal action shall interrupt the running
period of prescription of the offense charged unless otherwise
Crimes punishable by 20 years
provided in special laws. (1a)
death, reclusion perpetua,
or reclusion temporal
RULES ON SUMMARY PROCEDURE, Sec.  11.  How
Crimes punishable by 15 years
commenced. — The filing of criminal cases falling within the
other afflictive penalties
scope of this Rule shall be either by complaint or by information:
Crimes punishable by a 10 years
Provided, however, that in Metropolitan Manila and in Chartered
correctional penalty
Cities. such cases shall be commenced only by information,
except those punishable
except when the offense cannot be prosecuted de oficio. law
by arresto mayor
library
Crimes punishable by 5 years
The complaint or information shall be accompanied by the
arresto mayor
affidavits of the compliant and of his witnesses in such number of
copies as there are accused plus two (2) copies for the court's files. Libel or other similar 1 year
If this requirement is not complied with within five (5) days from offense
date of filing, the care may be dismissed. Oral defamation and 6 months
slander by deed
Light offenses 2 months
REVISED PENAL CODE, Article 91. Computation of
prescription of offenses. - The period of prescription shall  Special Laws (Act No. 3326)
 o Jadewell Parking Systems v. Lidua: Only the
Offenses punished only by 1 year filing of the information in court, and not the
a fine or by imprisonment conduct of a preliminary investigation, will toll
for not more than 1 month, the prescriptive period.
or both
Offenses punished by 4 years Jadewell is a special case! Although the charge is a violation of an
imprisonment for more ordinance, the court did not follow the doctrine in Panaguiton v.
than 1 month, but less than DOJ (that filing of the information before the MTC interrupts the
2 years prescriptive period) because the offense in Jadewell does not need
Offenses punished by 8 years preliminary investigation, and yet the complaint was submitted
imprisonment for 2 years before the Office of the Prosecutor. By the time the fiscal filed the
or more, but less than 6 complaint in court, the period had already prescribed.
years
Any other offense 12 years  BUT! If the event causing the interruption is void ab initio,
punished by imprisonment the same cannot be considered as tolling the prescriptive
for 6 years or more, except period.
treason
Treason 20 years Complaint
Violations penalized by 2 months
municipal ordinances RULE 110, Section 2. The Complaint or information. — The
complaint or information shall be in writing, in the name of the
Computation of Prescription People of the Philippines and against all persons who appear to be
responsible for the offense involved. (2a)
 Revised Penal Code (Art. 91)
o From the day on which the crime is discovered by Section 3. Complaint defined. — A complaint is a sworn written
the offended party, the authorities, or their agents statement charging a person with an offense, subscribed by the
 Special Law (Act No. 3326, Sec. 2) offended party, any peace officer, or other public officer charged
o If known with the enforcement of the law violated. (3)
 From the day of the commission of the
violation Section 4. Information defined. — An information is an
o If not known
accusation in writing charging a person with an offense,
 From the discovery thereof and the subscribed by the prosecutor and filed with the court. (4a)
institution of judicial proceeding for its
investigation and punishment
 Requisites:
 Rationale: Blameless ignorance
o In writing
doctrine
o In the name of the People of the Philippines
 The statute of limitations runs
only upon discovery of the o Against all persons who appear to be responsible
fact of the invasion of a right for the offense involved
which will support a cause of  Definition:
action. o A sworn written statement
 That a complaint must be under oath is
Interruption of Prescription FORMAL rather than
JURISDICTIONAL requirement.
 Revised Penal Code (Art. 91)  Where the complaint subject of
o By the filing of the complaint or information litigation is subscribed to before the
municipal mayor instead of before the
o People v. Olarte: The filing of the complaint
Justice of the Peace, the defect is
before the MTC for purposes of preliminary
clearly one of form that is curable by
investigation interrupts the period of prescription
amendment.
of criminal responsibility.
 The absence of an oath does not
 Special Law (Act No. 3326) necessarily render the complaint
o By the institution of proceedings for preliminary invalid, unless the complainant charged
investigation a private offense against Art. 344 and
o People v. Pangilinan, affirming Panaguiton v. Art. 360 of the RPC.
DOJ: Except for violations of municipal offenses, o Charging a person with an offense
there is no distinction as to cases under the RPC o Subscribed by the offended party, any peace
and those under special laws. officer, or other public officer charged with the
o Even the institution of the proceedings before the enforcement of the law violated
SEC for the purposes of investigation also  “Offended party”
interrupt the prescriptive period.  The person against whom or
 A complaint for offenses punishable against who property the
under the Revised Securities Act and offense was committed
the Securities Regulations Code, the
 A private individual whose
said investigation is equivalent to a
person, right, house, liberty,
preliminary investigation.
or property was actually or
 Under the Rules on Summary Procedure directly injured by the same
o From the filing of the information in court punishable act or omission of
 the accused, or that corporate
entity which is damaged or
injured by the delictual acts
complained of
 One who has a legal right; a
substantial interest in the
subject matter of the action
 Such interest must not be a
mere expectancy, subordinate
or inconsequential.
 The interest of the party must
be personal; and not one
based on a desire to vindicate
the constitutional right of
some third and unrelated
party.
 “Any peace officer”
 Any peace officer may
subscribe and swear to a
complaint.
 A peace officer cannot be
coerced by mandamus to
subscribe and swear to a
complaint as to subscribe and
swear to a criminal complaint
is not a ministerial but a
discretionary act of a peace
officer.
Information
 An accusation in writing
o The information guarantees the right of the
accused to be informed of the nature and cause of
the accusation against him.
o An accused can only be convicted of an offense
clearly charged in the complaint or information.
o Intended to inform the accused of the accusations
against him in order that he could adequately
prepare his defense
 Charging a person with an offense
 Subscribed by the prosecutor filed with the court
o It is the prosecutor, not any other person, who
subscribes to and then files the information in
court.
o In the Sandiganbayan, the prosecutor is the
Ombudsman, not the PCGG Commissioner.
o If the officer who filed the information had no
authority, the information is susceptible to a
motion to quash.
o A valid information confers jurisdiction on the
court over the person of the accused and the
subject matter of the accusation.
o This flaw cannot be cured by silence,
acquiescence, or even by express consent.
o Contents of certification (Sec. 4, Rule 112):
 He, an authorized officer, has
personally examined the complainant
and his witnesses
 There is reasonable ground to believe
that a crime has been committed and
that the accused is probably guilty
thereof
 The accused was informed of the
complaint and of the evidence
submitted against him
 (The accused) was given an opportunity
to submit controverting evidence.
Complaint and Information
RULE 110, Section 6. Sufficiency of 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. (6a)
RULE 116, Section 9. Bill of particulars. — The accused may,
before arraignment, move for a bill of particulars to enable him
properly to plead and to prepare for trial. The motion shall specify
the alleged defects of the complaint or information and the details
desired. (10a)
RULE 117, Section 3. Grounds. — The accused may move to
quash the complaint or information on any of the following
grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over
the offense charged;
(c) That the court trying the case has no jurisdiction over
the person of the accused;
(d) That the officer who filed the information had no
authority to do so;
(e) That it does not conform substantially to the
prescribed form;
(f) That more than one offense is charged except when a
single punishment for various offenses is prescribed by
law;
(g) That the criminal action or liability has been
extinguished;
(h) That it contains averments which, if true, would
constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or
acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his
express consent. (3a)
RULE 117, Section 4. Amendment of the complaint or
information. — If the motion to quash is based on an alleged
defect of the complaint or information which can be cured by
amendment, the court shall order that an amendment be made. (4a)
If it is based on the ground that the facts charged do not constitute
an offense, the prosecution shall be given by the court an
opportunity to correct the defect by amendment. The motion shall
be granted if the prosecution fails to make the amendment, or the
complaint or information still suffers from the same defect despite

the amendment. (n)
RULE 117, Section 5. Effect of sustaining the motion to quash. —
If the motion to quash is sustained, the court may order that
another complaint or information be filed except as provided in
section 6 of this rule. If the order is made, the accused, if in
custody, shall not be discharged unless admitted to bail. If no
order is made or if having been made, no new information is filed
within the time specified in the order or within such further time
as the court may allow for good cause, the accused, if in custody,
shall be discharged unless he is also in custody for another charge.
(5a)
RULE 117, Section 6. Order sustaining the motion to quash not a
bar to another prosecution; exception. — An order sustaining the
motion to quash is not a bar to another prosecution for the same
offense unless the motion was based on the grounds specified in
section 3 (g) and (i) of this Rule. (6a)
 Importance:
o To uphold the constitutional guarantee that every
person accused of a crime shall be informed of
the nature and cause of the accusation against
him
 Objective:
o To furnish the accused with such a description of
the charge against him as will enable him to make
his defense
o To avail himself of his conviction or acquittal for
protection against a further prosecution for the
same cause
o To inform the court of the facts alleged so that it
may decide whether they are sufficient in law to
support a conviction
 NOT SUBJECT TO WAIVER!
 Required contents:
o Name of the accused
RULE 110, Section 7. Name of the accused. — 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. If
his name cannot be ascertained, he must be described under a
fictitious name with a statement that his true name is unknown.
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. (7a)
 If known
 Name and surname
 Appellation or nickname by
which he is known
 If unknown
 Fictitious name, provided that
there is such a statement in
the complaint or information
and that the true name of the
accused, if later disclosed by
him or appears in some other
manner to the court, is
inserted and entered into the
record of the case
 The subsequent amendment of the
information to insert the name of the
accused is merely a matter of form and
does not deprive appellant of a fair
opportunity to present his defense.
 An accused, however, may nonetheless
be acquitted or convicted despite an
erroneous designation of his name.
 Where accused did not raise this
question of his identity during the
arraignment, he is deemed to have
waived this defect and to have
acquiesced to be tried under the
erroneous name.
o Designation given to the offense by the statute
RULE 110, Section 8. Designation of the offense. — 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. (8a)
 GENERAL RULE: Only the
designation of the offense given by the
statute is necessary.
 If the complaint or information does
not name the specific offense given by
statute, the defect is merely of form
which does not prejudice the substantial
rights of the accused, especially when
the alleged facts are clearly constitutive
of a specific offense.
 The real nature of the crime charged is
determined not by the title of the
complaint, nor by the specification of
the provision of the law alleged to have
been violated, but by the facts recited in
the complaint or information.
 EXCEPTION:
 Where an act subject of a
complaint is punishable under
two different statutes
 When the offense is under a
special law and there is no
specific name given to the
offense
o A statement of the acts or omissions so
complained of as constituting the offense
 It is this recital of acts or omissions
constituting the offense and not the
name used for the offense that is
controlling.
 While the designation of the offense is
imperative to avoid surprise on the
accused and to afford him the
opportunity to prepare his defense
accordingly, the failure to designate the
offense by statute, or to mention the
specific provision penalizing the act or
an erroneous specification of the law
violated DOES NOT vitiate the
information if the facts alleged clearly
recite the facts constituting the crime
charged.
 Mere conclusions of law do not make
the complaint or information sufficient.
 Qualifying and aggravating
circumstances
 Must be stated in ordinary
and concise language
  If not alleged in the
information, these cannot be
appreciated against the
accused, even if proven
during the course of the trial
 No specific instruction as to
location, as long as they are
adequately pleaded within the
four corners of the charge
sheet
 Mitigating circumstances
 Being part of the defense of
the accused, need not be
specified in the information
 Cause of the accusation
RULE 110, 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. (9a)
 Refers to the narration of the
acts or omissions constituting
an offense, including its
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 circumstance and
for the court to pronounce
judgment
Balitaan v. CFI: How to know what facts to put in the
information? Look at the definition of the crime and its essential
elements.
Lazarte Jr. v. Sandiganbayan: If conspiracy is alleged as a mode of
committing an offense (not as a crime itself), to allege that the
accused “connived, confederated and mutually helped each other”
is enough.
o Name of the offended party
RULE 110, 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 be identified,
without need of averring that it is a juridical person or
that it is organized in accordance with law. (12a)
 If known
 Name and surname of the
person against whom or
against whose property the
offense was committed
 Any appellation or nickname
 If it 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
 If unknown
 GR: Fictitious name
 XPN: In offenses against
property, the property must
be described with such
particularity as to properly
identify the offense charged
In Senador v. People, the SC summarized the rule as regards
errors in the designation of the offended party in cases involving
offenses against property:
- Where the subject matter of the offense is GENERIC
AND NOT IDENTIFIABLE: an error in the designation
of the offended party is fatal and would result in the
acquittal of the accused.
- Where the subject matter of the offense is SPECIFIC
AND IDENTIFIABLE: an error in the designation of
the offended party is immaterial.
o Approximate date of the commission of the
offense
RULE 110, 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. (11a)
 GENERAL RULE: It is not necessary
to state in the complaint or information
the precise date the offense was
committed as long as the offense may
be alleged to have been committed on a
date as near as possible to the actual
date of its commission.
 EXCEPTION:
 For cases where the date is
the material ingredient of the
offense (ex. Infanticide)
 The date cannot be alleged information filed
recklessly so as to be so against him for
indefinite and vague, or to insufficiency on its
omit the date altogether. face in point of law,
 The time of the commission or for defects which
of the crime assumes are apparent in the
importance when it creates face of the
serious doubt as to its information
commission. Amendment To correct the defect
o Place where the offense has been committed
Amendment
RULE 110, Section 10. Place of commission of the offense. —
The complaint or information is sufficient if it can be understood  Amendment:
from its allegations that the offense was committed or some of the o Substantial
essential ingredients occurred at some place within the jurisdiction  The recital of facts constituting the
of the court, unless the particular place where it was committed offense charged
constitutes an essential element of the offense or is necessary for  Determinative of the jurisdiction of the
its identification. (10a) court
 REQUIRES A NEW PRELIMINARY
 GENERAL RULE: The exact address INVESTIGATION
of the commission of the crime need o Formal
not be stated as long as the information  All other matters
states that the offense was committed  NO NEW PRELIMINARY
or some of its essential ingredients INVESTIGATION IS REQUIRED
occurred at a place within the territorial o Amendment may also be made upon order of the
jurisdiction of the court. court, consequent to a motion to quash filed by a
 EXCEPTION: party. If the motion to quash is based on an
 The place of commission is alleged defect of the complaint or information
an essential element of the which can be cured by amendment, the court
offense (ex. Trespass to shall enter that an amendment be made.
dwelling)  When amendment allowed:
 The place is necessary for the
identification of the offense Substantial Formal
(ex. Arson) Before ALLOWED without ALLOWED without
 Test of sufficiency: arraignment and need of leave of court need of leave of
o Whether or not the facts therein, which are plea in general court
hypothetically admitted would establish the Before ALLOWED ONLY ALLOWED without
essential elements of the crime defined by law. arraignment and  Upon need of leave of
o Matters outside of that alleged in the information plea, motion by court
or evidence aliunde will not be considered. downgrading an the
o For an information to be sufficient, it must offense or prosecutor
accurately and clearly allege every element of the exclusion of any  With notice
crime charged. Where the facts are incomplete accused to the
and do not convey the elements of the crime, the offended
quashing of the accusation is in order. In cases party
where the information fails to charge an offense,  With leave
its validity may be attacked even after of court
arraignment. After NOT ALLOWED ALLOWED
 Effect of insufficiency: arraignment and except if the  With leave
o GENERAL RULE: An accused cannot be plea amendment of court
convicted of any offense beyond that stated from downgrades the  When it
the information. offense because it can be
o EXCEPTION: Said offense is necessarily benefitted the done
included therein. accused and the without
 Possible remedies to insufficiency: accused himself causing
sought the prejudice*
Remedy Purpose When to invoke amendment (People to the
Bill of  to point out Before arraignment v. Janairo) rights of
Particulars the alleged the
defects of accused
the *Test of prejudice: When a defense under the complaint or
information information, as it originally stood, would no longer be available after
 to specify the amendment is made, when any evidence the accused might have
the details would no longer be available after the amendment is made, and when
desired any evidence the accused might have would be inapplicable to the
Motion to Quash To assail the validity complaint or information, as amended.
of a criminal
complaint or Exclusion of the accused Exclusion of the accused as a state
 in an information
Governed by Rule 110,
Section 14
Double jeopardy does not
attach because the accused
was not yet arraigned.
witness
Governed by Rule 119, Section 17
Discharge as a state witness operates
as an acquittal and will bar future
prosecution for the same offense,
unless he fails or refuses to testify
according to the basis for his
discharge.
intervention of the prosecutor or upon elevation of the case to the
Regional Trial Court.
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.

Discharge of an accused Discharge under the Witness The offenses of seduction, abduction and acts of lasciviousness
as a state witness Protection Program shall not be prosecuted except upon a complaint filed by the
Governed by Rule 119, Governed by RA 6981 offended party or her parents, grandparents or guardian, nor, in
Section 17 any case, if the offender has been expressly pardoned by any of
Granted by the court Granted by the Department of them. If the offended party dies or becomes incapacitated before
Justice she can file the complaint, and she has no known parents,
Discharge as a state Discharge does not amount to grandparents or guardian, the State shall initiate the criminal
witness operates as an double jeopardy because the accused action in her behalf.
acquittal and will bar is not at all included in the
future prosecution for the information. Thus, discharge under The offended party, even if a minor, has the right to initiate the
same offense, unless he the WPP operates as an exclusion. prosecution of the offenses of seduction, abduction and acts of
fails or refuses to testify lasciviousness independently of her parents, grandparents, or
according to the basis for guardian, unless she is incompetent or incapable of doing so.
his discharge. Where the offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian may file the
Substitution same. The right to file the action granted to parents, grandparents
or guardian shall be exclusive of all other persons and shall be
 GENERAL RULE: If before judgment, it appears that a exercised successively in the order herein provided, except as
mistake was made in charging the proper offense, the stated in the preceding paragraph.
original information or complaint shall be dismissed upon
the filing of a new one.
 EXCEPTION: When substitution has the effect of placing No criminal action for defamation which consists in the
an accused in double jeopardy imputation of the offenses mentioned above shall be brought
except at the instance of and upon complaint filed by the offended
party. (5a)
Amendment Substitution
May involve either formal Involves a substantial change from
or substantial changes the original charge The prosecution for violation of special laws shall be governed by
If before plea, can be Must always be with leave of court the provisions thereof. (n)
without leave of court since the original information has to
be dismissed RULE 110, Section 16. Intervention of the offended party in
If formal, there is no need Another preliminary investigation is criminal action. — Where the civil action for recovery of civil
for another preliminary entailed and the accused has to plead liability is instituted in the criminal action pursuant to Rule 111,
investigation and the anew to the new information the offended party may intervene by counsel in the prosecution of
retaking of the plea of the the offense. (16a)
accused
Refers to the same offense The new information requires or
REVISED PENAL CODE, Article 344. Prosecution of the
charged in the original presupposes that the new
crimes of adultery, concubinage, seduction, abduction, rape and
information or to an information involves a different
acts of lasciviousness. - The crimes of adultery and concubinage
offense which necessarily offense which does not include or is
includes or is necessarily not necessarily included in the shall not be prosecuted except upon a complaint filed by the
included in the original original charge offended spouse.
charge
The accused can claim The accused cannot claim double The offended party cannot institute criminal prosecution without
double jeopardy. jeopardy. including both the guilty parties, if they are both alive, nor, in any
case, if he shall have consented or pardoned the offenders.
But People v. Dasmarinas: Alleging treachery is not a factual
averment but a conclusion of law. The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a complaint
Who must prosecute filed by the offended party or her parents, grandparents, or
guardian, nor, in any case, if the offender has been expressly
RULE 110, Section 5. Who must prosecute criminal actions. — pardoned by the above named persons, as the case may be.
All criminal actions commenced by a complaint or information
shall be prosecuted under the direction and control of the In cases of seduction, abduction, acts of lasciviousness and rape,
prosecutor. However, in Municipal Trial Courts or Municipal the marriage of the offender with the offended party shall
Circuit Trial Courts when the prosecutor assigned thereto or to the extinguish the criminal action or remit the penalty already
case is not available, the offended party, any peace officer, or imposed upon him. The provisions of this paragraph shall also be
public officer charged with the enforcement of the law violated applicable to the co-principals, accomplices and accessories after
may prosecute the case. This authority cease upon actual
the fact of the above-mentioned crimes.
REVISED PENAL CODE, Article 360. Persons responsible. -
Any person who shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar means, shall
be responsible for the same.
The author or editor of a book or pamphlet, or the editor or
business manager of a daily newspaper, magazine or serial
publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
The criminal and civil action for damages in cases of written
defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance of the
province or city where the libelous article is printed and first
published or where any of the offended parties actually resides at
the time of the commission of the offense: Provided, however,
That where one of the offended parties is a public officer whose
office is in the City of Manila at the time of the commission of the
offense, the action shall be filed in the Court of First Instance of
the City of Manila, or of the city or province where the libelous
article is printed and first published, and in case such public
officer does not hold office in the City of Manila, the action shall
be filed in the Court of First Instance of the province or city where
he held office at the time of the commission of the offense or
where the libelous article is printed and first published and in case
one of the offended parties is a private individual, the action shall
be filed in the Court of First Instance of the province or city where
he actually resides at the time of the commission of the offense or
where the libelous matter is printed and first published: Provided,
further, That the civil action shall be filed in the same court where
the criminal action is filed and vice versa: Provided, furthermore,
That the court where the criminal action or civil action for
damages is first filed, shall acquire jurisdiction to the exclusion of
other courts: And, provided, finally, That this amendment shall not
apply to cases of written defamations, the civil and/or criminal
actions which have been filed in court at the time of the effectivity
of this law.
Preliminary investigation of criminal action for written
defamations as provided for in the chapter shall be conducted by
the provincial or city fiscal of the province or city, or by the
municipal court of the city or capital of the province where such
action may be instituted in accordance with the provisions of this
article.
No criminal action for defamation which consists in the
imputation of a crime which cannot be prosecuted de oficio shall
be brought except at the instance of and upon complaint expressly
filed by the offended party. (As amended by R.A. 1289, approved
June 15, 1955, R.A. 4363, approved June 19, 1965).
RA 7610, Section 27. Who May File a Complaint. – Complaints
on cases of unlawful acts committed against the children as
enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third
degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed
child-caring institution;
(e) Officer or social worker of the Department of Social
Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens
where the violation occurred.
RA 9344, Section. 32. Duty of the Prosecutor's Office. - There
shall be a specially trained prosecutor to conduct inquest,
preliminary investigation and prosecution of cases involving a
child in conflict with the law. If there is an allegation of torture or
ill-treatment of a child in conflict with the law during arrest or
detention, it shall be the duty of the prosecutor to investigate the
same.
Public Prosecutors
 Since a crime is an offense against the State, it is
prosecuted in the name of the People of the Philippines.
 All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and
control of the prosecutor.
 It is the Department of Justice, through its prosecutors,
which is authorized to prosecute criminal cases on behalf of
the People of the Philippines.
 Prosecution Staff
o Headed by the Prosecutor General
o Composed of
 Deputy State Prosecutors
 Assistant State Prosecutors
 Prosecution Attorneys
o Acts as counsel for the People of the Philippines
in any case involving or arising from a criminal
complaint investigated by any of its prosecutors
and pending before any trial court
 Regional Prosecutor
o May prosecute any case arising within his or her
region
o May also designate a prosecutor from any office
of the provincial or city prosecutor within the
region as Acting Provincial or City Prosecutor to
investigate and prosecute a case in instances
where:
 The parties question the partiality or
bias of a particular city or provincial
prosecutor
 The city or provincial prosecutor
voluntarily inhibits himself/herself by
reason of relationship to any of the
parties within the 6th civil degree of
consanguinity or affinity
 Provincial Prosecutor or City Prosecutor
o Prosecutes all crimes, misdemeanors and
violations of city and municipal ordinances in the
courts at the province or city and therein
discharge all the duties incident to the institution
of criminal actions
 Special Prosecutor and his prosecution staff
o From the Office of the Special Prosecutor
  An organic component of the Office of  EXCEPTION: The public prosecutor may turn over the
the Ombudsman and under the actual prosecution of the criminal case to a private
Ombudsman’s supervision and control prosecutor
 Conducts preliminary investigation and o In case of heavy work schedule of the public
prosecutes criminal cases within the prosecutor
jurisdiction of the Sandiganbayan o In the event of lack of public prosecutors
 Requisites:
Public Prosecutor Special Prosecutor o The public prosecutor has a heavy work schedule
All criminal actions In the prosecution of special laws, or there is no public prosecutor assigned in the
commenced by complaint the exigencies of public service province or city
or information are sometimes require the designation of o Private prosecutor is authorized by the Regional
prosecuted under the special prosecutors from different State Prosecutor or City Prosecutor
direction and control of government agencies to assist the o Authority must be in writing
public prosecutors. public prosecutor.  Must be submitted to the court before
This designation does not detract the presentation of evidence
from the public prosecutor having o Authority of the private prosecutor must be
control and supervision over the
approved by the court
case.
o The private prosecutor shall continue to prosecute
the case until the end of the trial unless:
 Powers of the Public Prosecutor:  The authority is withdrawn
o Determine whether a prima facie case exists  The authority is revoked by the
o Decide which of the conflicting testimonies Regional State Prosecutor, Provincial,
should be believed free from interference or or City Prosecutor
control of the offended party o In case of the withdrawn or revocation of the
o Subject only to the right against self- authority of the private prosecutor, the same must
incrimination, determine which witnesses to be approved by the court.
present in court  The authority given to the private prosecutor is not and
 Limitations on Power: cannot be an abdication of the public prosecutor’s duty as
o Once the complaint or information is filed in he or she may, at any time, take over the actual conduct of
court, the court is the best judge of the action to the trial.
be taken.
 It is within the discretion of the judge Private Offenses
to grant or deny a motion to dismiss
filed by the fiscal.  Private offenses = crimes against chastity
 He cannot impose his opinion on the o Adultery
court.
o Concubinage
 The determination of the case is within
o Seduction
its exclusive jurisdiction and
competence. o Abduction
 Effect of absence: o Acts of Lasciviousness
o His absence is sanctioned as a ground for o Defamation involving imputation of the
continuance in the trial of a case. aforementioned offenses
o One cannot object if hearings are reset at the  These offenses cannot be prosecuted except upon a
request of the public prosecutor due to his or her complaint by the offended party or other authorized persons
unavailability. in certain cases.
o His absence is a valid reason for the deferment of  Governed by Art. 344 of the RPC
the promulgation.
 He is by law duty-bound to take charge Prosecution of Special Laws
thereof until its final termination, for
under the law he assumes full  Governed by the provisions thereof
responsibility for his failure or success
since he is the one more adequately People v. Yaparraguire: The offended party does not need to sign
prepared to pursue it to its termination. the complaint
 The presence of the Public Prosecutor
during promulgation of judgment is Offense Who can file Cannot file when
therefore indispensable. Adultery Offended spouse (a spouse  Both
o Pinote v. Ayco: The Supreme Court held Concubinage at the time of the filing of guilty
administratively liable a judge who allowed the the action) parties
defense to present a witness without the presence (still
of a public prosecutor or a private prosecutor alive)
designated for the purpose, despite the fact that were
said judge allowed cross examination of the not
public prosecutor in a subsequent hearing. include
d
Private Prosecutors  Consent
ed to
 GENERAL RULE: All criminal actions shall be prosecuted the
under the control and direction of the public prosecutor. offense
  Pardone  EXCEPTION TO THE EXCEPTION:
d the o When the accused fails to object to it before trial,
offense the court may convict him of as many offenses as
(express are charged and proved, and impose on him the
or penalty for each offense.
implied
) Definition Example
Acts of (PREFERENTIAL with Express pardon Complex crime An offense that is
lasciviousness respect to the minor proper a necessary
Seduction offended party) means to commit
Abduction  Offended party another
 If the OP fails + Compound crime A single act
or is a minor, giving rise to two
the parents, or more grave or
grandparents, or less grave
guardian felonies
EXCLUSIVEL Special complex Composed of two  Rape with
Y AND crime / composite or more crimes homicide
SUCCESSIVEL crime that the law treats  Robbery
Y as a single with rape
State if the OP dies or indivisible and  Kidnapping
becomes incapacitated unique offense with serious
before she can file + no for being the physical
known parents, product of a injuries
grandparents, or guardian single criminal  Kidnapping
Defamation Offended party impulse with murder
or homicide
 GENERAL RULE: Private offended party can intervene in
criminal actions for the purpose of recovery of civil Where action is to be instituted
liability.
 EXCEPTION:  GENERAL RULE (recall):
o When no civil liability arises in favor of the o Venue is jurisdictional, as it is an element of
offended party jurisdiction in criminal cases.
o When the offended party is entitled to civil o Criminal actions are to be instituted in the court
indemnity but: of the municipality or territory where the crime or
 They waive the right to institute a civil any one of its essential elements occurred.
action  EXCEPTION:
 They expressly reserve the right to do o Offense committed in a vehicle in the course of a
so trip
 The suit has already been instituted  Where vehicle passed during its trip
 Includes the place of the vehicle’s
Duplicity of Offense departure or arrival
o Offense committed on board a vessel in the
RULE 110, Section 13. Duplicity of the offense. — A complaint course of voyage
or information must charge but one offense, except when the law  In the court of the first port of entry or
prescribes a single punishment for various offenses. (13a) of any municipality or territory where
the vehicle passed during such voyage
REVISED PENAL CODE, Article 48. Penalty for complex  RECKONING POINT: VOYAGE
crimes. - When a single act constitutes two or more grave or less  Does not require that the first port of
grave felonies, or when an offense is a necessary means for entry or the municipalities / territories
committing the other, the penalty for the most serious crime shall through which the ship passed AFTER
be imposed, the same to be applied in its maximum period. THE DISCOVERY of the crime
o Extraterritorial jurisdiction
 GENERAL RULE: A complaint or information must  Revised Penal Code (Art. 2)
charge a single offense.  Where the criminal action is
o Rationale: to enable the defendant to prepare his first filed
defense and avoid confusing him with two or  Special laws
more charges.  RA 8042 aka The Migrant
 A duplicitous information Is defective and is a ground for Workers and Overseas
quashal of information. Filipino Act
 EXCEPTION:  RA 10364 aka The Expanded
o Complex crime proper Anti-Trafficking in Persons
o Compound crime Act of 2012
o Special complex crime / composite crimes  RA 10168 aka The Terrorism
o An information charges only one crime, albeit Financing Prevention and
alleging different means of commission thereof Suppression Act of 2012
 RA 9372 aka The Human
Security Act of 2007
  RA 9262 aka Anti-Violence o The civil action for the recovery of civil liability
Against Women and Their ex delicto is deemed instituted with the criminal
Children Act of 2004 action.
 EXCEPTION:
o There is waiver.
PROSECUTION OF CIVIL ACTION  Must be entered into before or during
litigation, never after final judgment.
 A compromise on the civil aspect of a
Institution of criminal and civil actions case is valid even if it turns out to be
unsatisfactory to either or both of the
RULE 111, Section 1. Institution of criminal and civil parties.
actions. — (a) When a criminal action is instituted, the civil action o The offended party institutes the civil action prior
for the recovery of civil liability arising from the offense charged to the criminal action.
shall be deemed instituted with the criminal action unless the  If the separate civil action was filed
offended party waives the civil action, reserves the right to BEFORE the criminal, the civil action,
institute it separately or institutes the civil action prior to the if still pending, is suspended upon the
criminal action. filing of the criminal until final
judgment is rendered in the latter.
The reservation of the right to institute separately the civil action  Before judgment on the merits rendered
shall be made before the prosecution starts presenting its evidence in the civil action, the same may, upon
and under circumstances affording the offended party a reasonable motion of the offended party, be
opportunity to make such reservation. consolidated with the criminal action in
the court trying the latter.
o The offended party reserves the right to institute
When the offended party seeks to enforce civil liability against the it separately.
accused by way of moral, nominal, temperate, or exemplary  May be made orally or in writing
damages without specifying the amount thereof in the complaint  Purpose: To avoid the filing of more
or information, the filing fees thereof shall constitute a first lien on than one action for the same act or
the judgment awarding such damages. omission against the same party
 The institution of a separate civil action
Where the amount of damages, other than actual, is specified in prior to the criminal action is EVEN
the complaint or information, the corresponding filing fees shall FAR BETTER compliance with the
be paid by the offended party upon the filing thereof in court. requirement of express reservation.
 The offended party loses his standing in
Except as otherwise provided in these Rules, no filing fees shall be the criminal case, that is, his right to
required for actual damages. intervene in the prosecution of the
criminal case, including the right to
move for the reconsideration or appeal
No counterclaim, cross-claim or third-party complaint may be of the criminal case insofar as civil
filed by the accused in the criminal case, but any cause of action liability is concerned.
which could have been the subject thereof may be litigated in a  The offended party cannot institute the
separate civil action. (1a) separate civil action arising therefrom
until final judgment has been rendered
(b) The criminal action for violation of Batas Pambansa Blg. 22 in the criminal action.
shall be deemed to include the corresponding civil action. No  GENERAL RULE: No reservation in
reservation to file such civil action separately shall be allowed. BP 22 cases
 To discourage the separate
Upon filing of the aforesaid joint criminal and civil actions, the filing of the civil action
offended party shall pay in full the filing fees based on the amount  To help declog court dockets
of the check involved, which shall be considered as the actual which are filled with BP 22
damages claimed. Where the complaint or information also seeks cases as creditors actually use
to recover liquidated, moral, nominal, temperate or exemplary the courts as collectors
damages, the offended party shall pay additional filing fees based  EXCEPTION:
on the amounts alleged therein. If the amounts are not so alleged  When the civil action is filed
but any of these damages are subsequently awarded by the court, ahead of the BP 22 case
the filing fees based on the amount awarded shall constitute a first  When the check is issued on
lien on the judgment. behalf of a corporation
 Consolidation
Where the civil action has been filed separately and trial thereof o A procedural device granted to the court as an aid
has not yet commenced, it may be consolidated with the criminal in deciding how cases in the docket are to be tried
action upon application with the court trying the latter case. If the so that the business of the court may be
application is granted, the trial of both actions shall proceed in dispatched expeditiously and with economy while
accordance with section 2 of this Rule governing consolidation of providing justice to the parties
the civil and criminal actions. (cir. 57-97) o Used in 3 different senses:
 Quasi-consolidation
 All except one of several
 GENERAL RULE: actions are stayed until one is
tried, in which case the
 judgment in one trial is
conclusive as to the others.
 Not actually consolidation
but is referred to as such.
 Actual consolidation
 Several actions are combined
into one, lose their separate
identity, and become a single
action in which a single
judgment is rendered.
 Example: Several actions are
pending between the same
parties stating claims which
might have been set out
originally in one complaint.
 Consolidation for trial
 Several actions are ordered to
be tried together but each
retains its separate character
and requires the entry of a
separate judgment.
 This type of consolidation
does not merge the suits into
a single action, or cause the
parties to one action to be
parties to the other.
o What to consolidate:
 Previously instituted civil action arising
from crime + criminal action
 Upon motion of the offended
party filed before final
judgment on the civil case,
and in the court trying the
criminal action
 Criminal action + civil action arising
not ex delicto
 The nature of the issues
involved, at least, the factual
issues in the civil and
criminal actions are almost
identical, the evidence in both
cases likewise would
virtually be the same, and
will bring no prejudice to the
substantial rights of the
accused.
 The court has jurisdiction
over the cases to be
consolidated.
 Counterclaims, cross-claims,
and third-party complaints
may not be filed in criminal
cases.
o Rationale: It will
complicate and
confuse the
criminal
proceedings.
o A court trying a
criminal case
cannot award
damages in favor of
the accused.
o Where brought
before the court
where the criminal
action is instituted,
the counterclaim,
cross-claim, or
third-party
complaint should
be set aside or
refused cognizance
without prejudice
to their filing in
separate
proceedings at the
proper time.
 Criminal actions involving related
offenses
 Charges for offenses founded
on the same facts or forming
part of a series of offenses of
similar character may also be
tried jointly at the discretion
of the court.
 Writ of Amparo + criminal action
 The Writ of Amparo must
involve the same violation or
threat thereof.
 A Writ of Amparo cannot be
consolidated with a civil case
or an administrative case.
Filing fees in criminal cases
 GENERAL RULE: No filing fees are charged for actual
damages in criminal cases.
o Where the civil action is impliedly instituted
together with the criminal action, the actual
damages claimed by the offended parties are not
included in the computation of the filing fees.
 EXCEPTION:
o Filing fees are paid only if other items of
damages (moral, nominal, temperate, or
exemplary) are alleged in the complaint or
information.
 If they are not alleged, they shall
constitute a first lien on the judgment.
o In BP 22 cases, the filing fees are based on the
amount of the check, considered as actual
damages.
 They are required to be paid in full.
Primacy of the criminal action
RULE 111, Section 2. When separate civil action is suspended.
— After the criminal action has been commenced, the separate
civil action arising therefrom cannot be instituted until final
judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has already
been instituted, the latter shall be suspended in whatever stage it
may be found before judgment on the merits. The suspension shall
last until final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits is rendered in the
civil action, the same may, upon motion of the offended party, be
consolidated with the criminal action in the court trying the
criminal action. In case of consolidation, the evidence already
adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the right of
the prosecution to cross-examine the witnesses presented by the
offended party in the criminal case and of the parties to present
additional evidence. The consolidated criminal and civil actions
shall be tried and decided jointly.

During the pendency of the criminal action, the running of the
period of prescription of the civil action which cannot be instituted
separately or whose proceeding has been suspended shall be
tolled. (n)
The extinction of the penal action does not carry with it extinction
of the civil action. However, the civil action based on delict shall
be deemed extinguished if there is a finding in a final judgment in
the criminal action that the act or omission from which the civil
liability may arise did not exist. (2a)
 GENERAL RULE: Once a criminal action has been
commenced, the civil action arising therefrom cannot be
instituted.
 If reserved
o The separate civil action cannot be filed until
after final judgment was rendered in the criminal
action.
 If previously instituted
o The civil action is suspended until final judgment
is rendered in the criminal action.
o The suspended civil action may be consolidated
with the criminal action upon motion of the
offended party, and the evidence adduced in the
civil action is deemed automatically reproduced
in the consolidated action, without prejudice to
the right to cross-examine and to present
additional evidence.
 While the civil action is suspended or cannot be instituted,
the running of the prescriptive period for the said civil
action is tolled.
RULE 111, Section 3. When civil action may proceeded
independently. — In the cases provided for in Articles 32, 33, 34
and 2176 of the Civil Code of the Philippines, the independent
civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a
preponderance of evidence. In no case, however, may the offended
party recover damages twice for the same act or omission charged
in the criminal action. (3a)
 EXCEPTION (no suspension): Independent civil actions
under Arts. 32, 33, 34, and 2176 of the Civil Code
o These independent civil actions are SEPARATE,
DISTINCT, AND INDEPENDENT from civil
liabilities arising from crime.
 The right to bring the foregoing actions
based on the Civil Code need not be
reserved in the criminal prosecution,
since they are not deemed included
therein.
 The institution or waiver of the right to
file a separate civil action arising from
the crime charged does not extinguish
the right to bring such action.
 The only limitation is that the offended
party cannot recover more than once
for the same act or omission.
o The offended party may pursue the 2 types of
civil liabilities simultaneously or cumulatively,
without offending the rules on forum shopping,
litis pendentia, or res judicata.
Rule 111, Section 6. Suspension by reason of prejudicial
question. — A petition for suspension of the criminal action based
upon the pendency of a prejudicial question in a civil action may
be filed in the office of the prosecutor or the court conducting the
preliminary investigation. When the criminal action has been filed
in court for trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests. (6a)
 EXCEPTION (criminal case is suspended): Prejudicial
question (see below)
Acquittal
 GENERAL RULE: The extinction of the criminal action
does not necessarily carry with it the extinction of the civil
action arising therefrom.
o Acquittal is based on reasonable doubt.
 The remedy is to institute a civil action
for damages under Art. 29 of the Civil
Code for the same act or omission.
 Another remedy is for the offended
party or the accused to appeal the civil
aspect of the case, NOT THE
ACQUITTAL (because that would put
the accused in double jeopardy).
o The court expressly declares that the liability of
the accused is not criminal but only civil in
nature.
o The civil liability is not derived from or based on
the criminal act of which the accused is acquitted.
 EXCEPTION: There is a finding in the criminal action that
the act or omission from which the civil liability might
arise does not exist.
o If there is such a finding = absolutely
extinguished.
 When the acquittal is void (rendered in grave abuse of
discretion amounting to lack or excess of jurisdiction)
o The accused is not really acquitted.
o The case is not terminated as there can be no
double jeopardy based on a void indictment.
o Remedy: a petition for certiorari
RULE 111, Section 5. Judgment in civil action not a bar. — A
final judgment rendered in a civil action absolving the defendant
from civil liability is not a bar to a criminal action against the
defendant for the same act or omission subject of the civil action.
(4a)
 An acquittal in a CIVIL ACTION is not a bar to a criminal
action against the defendant for the same act or omission
that is the subject of the civil action.
Death
RULE 111, Section 4. Effect of death on civil actions. — The
death of the accused after arraignment and during the pendency of
the criminal action shall extinguish the civil liability arising from
the delict. However, the independent civil action instituted under
section 3 of this Rule or which thereafter is instituted to enforce
liability arising from other sources of obligation may be continued
against the estate or legal representative of the accused after
proper substitution or against said estate, as the case may be. The
heirs of the accused may be substituted for the deceased without
requiring the appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or
representatives to appear and be substituted within a period of

thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be
enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed
without prejudice to any civil action the offended party may file
against the estate of the deceased. (n)
 BEFORE ARRAIGNMENT
o Criminal case is dismissed without prejudice to
any civil action the offended party may file
against the estate of the deceased.
 AFTER ARRAIGNMENT AND WHILE CASE IS
PENDING
o The criminal and civil liability ex delicto are
extinguished.
o The independent civil action or actions to enforce
liability arising from other sources of obligation
may be continued after proper substitution or
against the estate, as the case may be.
 There must be proper substitution from
the accused to the:
 Estate
 Heirs without requiring the
appointment of an executor
or administrator, but with a
guardian ad litem for minor
heirs
Prejudicial Question
Rule 111, Section 7. Elements of prejudicial question. — The
elements of a prejudicial question are: (a) the previously instituted
civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not the criminal
action may proceed. (5a)
 A prejudicial question is:
o That which arises in a case the resolution of
which is a logical antecedent of the issue
involved therein, and the cognizance of which
pertains to another tribunal
o Determinative of the case before the court but the
jurisdiction to try and resolve the question must
be lodged in another court or tribunal
o A question based on fact distinct and separate
from the crime but so intimately connected with
it that it determines the guilt of innocence of the
accused
 Elements:
o The previously instituted civil action involves an
issue similar or intimately related to the issue
raised in the subsequent criminal action
o The resolution of such issue determines whether
or not the criminal action may proceed
 It is the issue in the civil action that is prejudicial to the
continuation of the criminal action, not the criminal action
that is prejudicial to the civil action.
 Kinds:
o Civil-Criminal
 There must be a civil case, instituted
prior, and a criminal case, instituted
subsequently.
 The criminal action will be suspended.
oAdministrative-Criminal / Administrative-Civil
 Jurisprudence has allowed the
suspension of a criminal case on the
ground of prejudicial question due to a
previously instituted administrative
case.
 The Supreme Court applied the
doctrine of prejudicial question in a
case involving an administrative case
before the SEC and a civil case before
the RTC “to avoid two conflicting
decisions”.
 When NOT a prejudicial question:
o The resolution of the issue in the civil action will
not determine the criminal responsibility of the
accused in the criminal action based on the same
facts.
o There is no necessity that the civil case be
determined first before taking up the criminal
case.
o The civil and criminal action may proceed
independently of each other.
Rule 111, Section 6. Suspension by reason of prejudicial
question. — A petition for suspension of the criminal action based
upon the pendency of a prejudicial question in a civil action may
be filed in the office of the prosecutor or the court conducting the
preliminary investigation. When the criminal action has been filed
in court for trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests. (6a)
 A petition for suspension of the criminal action on the
ground of the existence of a prejudicial question in a civil
case may be filed either in:
o The office of the prosecutor during preliminary
investigation
o The court where the criminal action is pending, at
any time before the prosecution rests
 The rule makes no distinction as to who is allowed to raise
the defense, regardless of whether or not the party filing is
the party who filed or initiated the previously instituted
civil case.
 The right to move for a suspension of the criminal case is
WAIVABLE.
 Under the Revised Guidelines for Continuous Trial of
Criminal Cases
o A petition to suspend the action on the ground of
prejudicial question when no civil case has been
filed is a prohibited motion.
PRELIMINARY INVESTIGATION
Preliminary Investigation
RULE 112, Section 1. Preliminary investigation defined; when
required. — Preliminary investigation is an inquiry or proceeding
to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
Except as provided in section 7 of this Rule, a preliminary
investigation is required to be conducted before the filing of a
complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one
(1) day without regard to the fine. (1a)
  The right to a preliminary investigation is not a
 A preliminary investigation for the purpose of determining fundamental right and may be waived expressly or by
the existence of probable cause is an executive function, silence.
inquisitorial in nature, and is not part of a trial. o The failure of the accused to invoke his right to a
 The prosecutor determines whether or not there is probable preliminary investigation before or at the time of
cause, that is, “whether there is sufficient ground to entering a plea at arraignment is a waiver of such
engender a well-founded belief that a crime has been right and any irregularity that attended it.
committed and the respondent therein is probably guilty o The right can no longer be invoked for the first
thereof and should be held for trial.” time in the appellate courts.
o Goal: To determine whether or not an  Proper remedy for absence of preliminary investigation:
information may be prepared against the o To hold in abeyance the proceedings upon such
defendant information and the case remanded to the Office
 The proper term is RESPONDENT, NOT ACCUSED. of the Provincial Fiscal or the Ombudsman for
o The term “accused” only becomes proper when him or the Special Prosecutor to conduct a
the information is filed in court, in which case it preliminary investigation
becomes the People of the Philippines against the  Under the Revised Guidelines for Continuous Trial of
accused, and the offended party becomes the Criminal Cases
complaining witness. o A motion for reinvestigation or remand for
preliminary investigation is a prohibited pleading
Statutory Right in three instances:
 The motion is filed without prior leave
 It is a substantive right, that although not constitutional in of court
nature, is also not merely formal.  The preliminary investigation is not
 To deny one’s right to preliminary investigation is to required under Rule 112, Section 8
deprive him or the full measure of due process.  The regular preliminary investigation is
 Purpose: required and has been actually
o To secure the innocent against hasty, malicious, conducted, and the grounds relied upon
and oppressive prosecution in the motion are not meritorious
o To protect him from an open and public
accusation of a crime, from the trouble, expenses Probable cause
and anxiety of a public trial
o To protect the state from having to conduct  Four instances where probable cause, based only on the
useless and expensive trials likelihood or probability of guilt is needed to be established
 GENERAL RULE: Preliminary investigation is required
before an information or an offense punishable by at least 4 Provision Who Purpose
years, 2 months, and 1 day may be filed in court. Rule 112, Sections Investigating officer Whether there is
 EXCEPTION: For cases where the respondent undergoes 1 and 3 sufficient ground to
inquest proceedings engender a well-
 EXCEPTION TO THE EXCEPTION: When the grounded belief that
respondent requests for a preliminary investigation, in a crime has been
which case a waiver of the provisions of Art. 125 of the committed and the
RPC must be signed in the presence of counsel respondent was
probably guilty
thereof and should
Due Process
be held for trial
Rule 112, Sections Judge Determine whether
 The right to be heard and be given reasonable opportunity
6 and 9 a warrant of arrest
to submit evidence in one’s defense
or a commitment
 A preliminary investigation is not a trial of the case on the order, if the accused
merits and also not the occasion for a full and exhaustive has already been
display of the parties’ evidence as it only needs to arrested, shall be
determine whether there is probable cause, or a “well- issued
grounded belief that an offense has been committed and
Rule 113, Section Peace officer or a When making a
that the accused is probably guilty thereof.”
5(b) private person warrantless arrest
 It is not the place to issue objections to the admissibility of (hot pursuit)
testimonies and evidence or to the presence or absence of Rule 126, Section 4 Judge Determine whether
the elements of the crime, as such issues are better a search warrant
ventilated during trial proper than at the preliminary shall be issued
investigation level.
 GENERAL RULE: Probably cause can be established with
Absence or irregularity of preliminary investigation
hearsay evidence as long as there is substantial basis for
crediting the hearsay.
 No effect on:
o Such investigation is merely preliminary and
o The court’s jurisdiction over the case
does not finally adjudicate rights and obligations
o The validity of the information
of parties.
 With effect on:  EXCEPTION: In administrative cases, when rights and
o The regularity of the proceedings obligations are finally adjudicated, what is required is
 SUBSTANTIAL EVIDENCE which cannot rest entirely or
even partially on hearsay evidence.
Who conducts?
RULE 112, Section 2. Officers authorized to conduct preliminary
investigations. —
The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include
all crimes cognizable by the proper court in their respective
territorial jurisdictions. (2a)
 Provincial / City Prosecutors and their assistants
o They have the power to investigate and/or cause
to be investigated all charges of crimes,
misdemeanors, and violations of penal laws and
ordinances within their respective jurisdictions,
and have the necessary information or complaint
prepared or made and filed against the persons
accused
 National / Regional State Prosecutors
o Lodged with the Department of Justice through
the National Prosecution Service
o It may conduct preliminary investigation and
prosecution of criminal cases involving national
security, those for which task forces have been
created and criminal cases whose venues are
transferred to avoid miscarriage of justice, all
when so directed by the Secretary of Justice as
public interest may require
 Other officers as may be authorized by law
o Ombudsman
 The Office of the Special Prosecutor
conducts preliminary investigation and
prosecutes criminal cases within the
jurisdiction of the Sandiganbayan,
under the supervision and control and
upon the authority of the Ombudsman.
o COMELEC
 With respect to election offenses, the
Constitution vests in the COMELEC
the power to investigate and, where
appropriate, prosecute cases of
violations of offenses and malpractices.
 Such power is concurrent with the other
prosecuting arms of the government
authorized to conduct preliminary
investigations and prosecute election
offenses under BP Blg. 81.
o PCGG
 The Presidential Commission on Good
Government has the power to
investigate and prosecute ill-gotten
wealth cases of the former President
Marcos, his relatives, and associates,
and graft and corrupt practices cases
that may be assigned by the President
to the PCGG to be filed with the
Sandiganbayan.
 Judges are not authorized to conduct preliminary
investigation.
o BP Blg. 129 otherwise known as the Judiciary
Reorganization Act of 1980 provides for the
authority of judges of MeTC (except those in the
NCR), MTCs, and MCTCs to conduct
preliminary investigation.
o AM No. 05-8-26-SC amended such provision and
removed the conduct of preliminary investigation
from judges of the first level courts.
 Effect of lack of authority
o The information is considered infirm and is a
jurisdictional defect that cannot be cured.
o Such an information may be subject of a motion
to quash, without prejudice to the refiling of the
case by an officer properly authorized.
Procedure
RULE 112, Section 3. Procedure. — The preliminary
investigation shall be conducted in the following manner:
(a) The complaint shall state the address of the
respondent and shall be accompanied by the affidavits of
the complainant and his witnesses, as well as other
supporting documents to establish probable cause. They
shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The
affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to
administer oath, or, in their absence or unavailability,
before a notary public, each of who must certify that he
personally examined the affiants and that he is satisfied
that they voluntarily executed and understood their
affidavits.
(b) Within ten (10) days after the filing of the complaint,
the investigating officer shall either dismiss it if he finds
no ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the
evidence submitted by the complainant which he may
not have been furnished and to copy them at his
expense. If the evidence is voluminous, the complainant
may be required to specify those which he intends to
present against the respondent, and these shall be made
available for examination or copying by the respondent
at his expense.
Objects as evidence need not be furnished a party but
shall be made available for examination, copying, or
photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena
with the complaint and supporting affidavits and
documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other supporting
documents relied upon for his defense. The counter-
affidavits shall be subscribed and sworn to and certified
as provided in paragraph (a) of this section, with copies
thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to
dismiss in lieu of a counter-affidavit.
  they are satisfied that the affiants
(d) If the respondent cannot be subpoenaed, or if voluntarily executed and understood
subpoenaed, does not submit counter-affidavits within their affidavits
the ten (10) day period, the investigating officer shall
resolve the complaint based on the evidence presented 2. Action on the complaint-affidavit (dismissal or
by the complainant. subpoena)
a. Within 10 days after the filing of the complaint,
the investigating officer may do either:
(e) The investigating officer may set a hearing if there i. DISMISS the complaint if he finds no
are facts and issues to be clarified from a party or a ground to continue with the
witness. The parties can be present at the hearing but investigation
without the right to examine or cross-examine. They ii. ISSUE A SUBPOENA to the
may, however, submit to the investigating officer respondent
questions which may be asked to the party or witness 1. The subpoena is sent to the
concerned. address indicated on the face
of the complaint-affidavit.
The hearing shall be held within ten (10) days from 2. Attached to the subpoena is a
submission of the counter-affidavits and other copy of the complaint-
documents or from the expiration of the period for their affidavit, as well as the
submission. It shall be terminated within five (5) days. supporting documents,
including witnesses’
affidavits, if any.
(f) Within ten (10) days after the investigation, the
3. The prosecutor may
investigating officer shall determine whether or not
RESOLVE the complaint
there is sufficient ground to hold the respondent for trial.
based on the evidence before
(3a)
him if a respondent could not
be subpoenaed.
1. Complaint-affidavit or complaint
4. The receipt of the subpoena
IS NOT A CONDITION
Public crimes Private crimes
SINE QUA NON to the
The complaint can be initiated See Rule 110, Section 5 validity of the proceedings as
by any competent person with long as efforts to reach the
personal knowledge of the acts respondents were made, and
committed by the offender, an opportunity to controvert
which includes witnesses. the evidence of the
complainant is accorded to
Complaint for the purposes of Complaint for initiating him.
conducting a preliminary criminal prosecution a. Rationale: To
investigation prevent
It is not required to exhibit the See Rule 110 underhanded
attending structure of a attempts of a
complaint or information laid respondent to delay
down in Rule 110. the prosecution of
The complaint must state the All the material averments in offenses
address of the respondent, an information should be in one b. The respondent shall have the right to:
accompanied by supporting document. i. EXAMINE the evidence submitted by
documents to establish the complainant which he may not have
probable cause against the been furnished
respondent. Among these 1. BUT the right to examine
documents are the affidavits of does not require the
the complainant and his or her prosecutor to furnish a
witnesses and other documents, respondent with the counter-
which are part of the complaint. affidavits of his co-
respondents, as a
 The persons executing the complaint or its components respondent’s right of
must: examination refers only to the
o appear before either a prosecutor or a government evidence submitted by the
official authorized to administer an oath (or a complainant.
notary public, in their absence) ii. COPY them at his expense
o swear to the truth of the allegations in the c. If the evidence is voluminous, the complainant
complaint affidavit may be required to specify those which he
 BUT the lack of an oath is a mere intends to present against the respondent, and
formal defect which does not affect the these shall be made available for examination or
substantial right of the defendants on copying by the respondent at his expense.
the merits 3. Counter affidavit
 These authorized persons shall: 4. Counter affidavits
o affix their signatures on the affidavits a. Within 10 days from receipt of the subpoena with
o certify that: the complaint and supporting affidavits and
 they personally examined the affiants documents, or such date as the prosecutor may
 deem sufficient, the respondent is required to
submit his counter-affidavit and that of his
witnesses and other supporting documents relied
upon for his defense.
b. The counter-affidavits shall be sworn to and
certified in the same manner as the complaint-
affidavits.
c. In case of failure or refusal by the subpoenaed
respondent to submit counter-affidavits, the
investigating office shall resolve the complaint
based on the evidence presented by the
complainant within a 10-day period.
d. Reply-affidavit
i. A matter of discretion on the part of the
investigating prosecutor
1. Thus a prosecutor may
require or can allow the filing
or submission of reply
affidavits
2. A complainant in preliminary
investigation does not have a
vested right to file a Reply.
5. Resolution of the assistant prosecutor
a. In case of inability to subpoena the respondent, or
failure or refusal of the respondent to file the
counter-affidavit, the investigating officer shall
resolve the complaint based on the evidence
presented within 10 days.
6. Optional clarificatory hearing
a. The investigating officer may set a hearing if
there are facts and issues to be clarified from a
party or a witness.
b. The propounding of clarificatory questions is an
important component of a preliminary
investigation, moreso where it was requested by
respondents in the preliminary investigation in
order to shed light on the affidavits of desistance
purportedly executed by the private complainant.
c. The hearing shall be held within 10 days from the
submission of the counter-affidavits and other
documents or from the expiration of the period
for their submission, and shall be terminated
within 5 days.
d. Where the investigating prosecutor no longer
conducted hearings after respondent submitted
her counter-affidavit, this simply means that the
investigating prosecutor believed that there were
no more matters for clarification.
e. Rather than being mandatory, a clarificatory
hearing is OPTIONAL on the part of the
investigating officer.
i. It is not indispensable during
preliminary investigation.
f. During a clarificatory hearing
i. The parties can be present
ii. BUT the parties have no right to
examine or cross-examine
iii. They may submit to the investigating
officer questions which may be asked
to the party or witness concerned
1. This right is NOT
ABSOLUTE. The
investigating officer has the
discretion whether or not he
will propound these
questions.
7. Determination of the prosecutor
a. Within 10 days after the investigation, whether or
not a hearing for additional evidence was set, the
investigating officer shall determine whether or
not there is sufficient ground to hold respondent
for trial.
b. Once the prosecutor FINDS PROBABLE
CAUSE, he shall:
i. Prepare the recommended resolution
and information
ii. Execute a certification that form the
evidence presented
c. If the prosecutor DOES NOT FIND PROBABLE
CAUSE, he shall:
i. Recommend the DISMISSAL of the
complaint
d. Regardless of the finding, the prosecutor’s
recommendation must be with prior written
authority or approval of the provincial or city
prosecutor or chief state prosecutor or the
Ombudsman or his deputy.
i. Within 5 days from his resolution, the
prosecutor must forward the records of
the case to the pertinent reviewing
prosecutor.
ii. They shall act on the resolution within
10 days from their receipt thereof and
shall immediately inform the parties of
such action.
RULE 112, Section 4. Resolution of investigating prosecutor and
its review. — If the investigating prosecutor finds cause to hold
the respondent for trial, he shall prepare the resolution and
information. He shall certify under oath in the information that he,
or as shown by the record, an authorized officer, has personally
examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and
that the accused is probably guilty thereof; that the accused was
informed of the complaint and of the evidence submitted against
him; and that he was given an opportunity to submit controverting
evidence. Otherwise, he shall recommend the dismissal of the
complaint.
Within five (5) days from his resolution, he shall forward the
record of the case to the provincial or city prosecutor or chief state
prosecutor, or to the Ombudsman or his deputy in cases of
offenses cognizable by the Sandiganbayan in the exercise of its
original jurisdiction. They shall act on the resolution within ten
(10) days from their receipt thereof and shall immediately inform
the parties of such action.
No complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or
approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the dismissal of
the complaint but his recommendation is disapproved by the
provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable cause
exists, the latter may, by himself, file the information against the
respondent, or direct any other assistant prosecutor or state
prosecutor to do so without conducting another preliminary
investigation.
If upon petition by a proper party under such rules as the
Department of Justice may prescribe or motu proprio, the
Secretary of Justice reverses or modifies the resolution of the
provincial or city prosecutor or chief state prosecutor, he shall
direct the prosecutor concerned either to file the corresponding

information without conducting another preliminary investigation,
or to dismiss or move for dismissal of the complaint or
information with notice to the parties. The same rule shall apply in
preliminary investigations conducted by the officers of the Office
of the Ombudsman. (4a)
8. Reviewing officer
a. The provincial or city prosecutor or chief state
prosecutor, or the Ombudsman or his deputy in
cases of offenses cognizable by the
Sandiganbayan in the exercise of its original
jurisdiction shall either APPROVE OR
DISAPPROVE the investigating prosecutor’s
recommendation
i. If the prosecutor recommends dismissal
but the reviewing officer disapproves of
said recommendation, the reviewing
officer may:
1. File the information against
the respondent himself OR
2. Direct another assistant
prosecutor or state prosecutor
to do so without conducting
another preliminary
investigation
9. Remedy against an adverse finding
a. Chief State Prosecutor, Regional State
Prosecutors and Provincial or City Prosecutor
i. File a PETITION FOR REVIEW under
the rules prescribed by the DOJ within
15 days from receipt of the resolution
or of the denial of the motion for
reconsideration or reinvestigation if one
has been filed, within 15 days from
receipt of the assailed resolution
1. All petitions for review of
resolutions of Provincial /
City Prosecutors in cases
cognizable by the MeTC,
MTC, and MCTC, except in
the NCR, shall be filed with
the Regional State Prosecutor
concerned.
2. For all other cases, the
petition shall be filed with the
Office of the Secretary of the
DOJ.
ii. This shall not bar the filing of the
corresponding information in court on
the bases of the finding of probable
cause in the appealed resolution, unless
otherwise directed by the Secretary of
Justice.
iii. HOWEVER, the petition will suspend
the arraignment of the accused for a
period not exceeding 60 days from the
filing of the petition.
b. Ombudsman
i. The aggrieved party’s remedy is a
MOTION FOR RECONSIDERATION
within 5 days from notice.
ii. The filing of a MR shall not bar the
filing of the corresponding information
in court on the basis of the finding of
probable cause in the resolution subject
of the motion.
c. If the DOJ Secretary / Ombudsman REVERSES
OR MODIFIES the resolution of the
investigating officer, he shall direct the
prosecutor concerned either to:
i. FILE the corresponding information
without conducting another preliminary
investigation
ii. DISMISS OR MOVE FOR
DISMISSAL of the complaint or
information with notice to the party
When arrest warrant may issue
For cases previously requiring preliminary investigation at the
level of the Office of the Prosecutor before the filing of the
information in court
RULE 112, Section 5. When warrant of arrest may issue. —
(a) By the Regional Trial Court. — Within ten (10) days from the
filing of the complaint or information, the judge shall personally
evaluate the resolution of the prosecutor and its supporting
evidence. He may immediately dismiss the case if the evidence on
record clearly fails to establish probable cause. If he finds
probable cause, he shall issue a warrant of arrest, or a commitment
order if the accused has already been arrested pursuant to a
warrant issued by the judge who conducted the preliminary
investigation or when the complaint or information was filed
pursuant to section 7 of this Rule. In case of doubt on the
existence of probable cause, the judge may order the prosecutor to
present additional evidence within five (5) days from notice and
the issue must be resolved by the court within thirty (30) days
from the filing of the complaint of information.
(b) By the Municipal Trial Court. — When required pursuant to
the second paragraph of section 1 of this Rule, the preliminary
investigation of cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court may be
conducted by either the judge or the prosecutor. When conducted
by the prosecutor, the procedure for the issuance of a warrant or
arrest by the judge shall be governed by paragraph (a) of this
section. When the investigation is conducted by the judge himself,
he shall follow the procedure provided in section 3 of this Rule. If
the findings and recommendations are affirmed by the provincial
or city prosecutor, or by the Ombudsman or his deputy, and the
corresponding information is filed, he shall issue a warrant of
arrest. However, without waiting for the conclusion of the
investigation, the judge may issue a warrant of arrest if he finds
after an examination in writing and under oath of the complainant
and his witnesses in the form of searching question and answers,
that a probable cause exists and that there is a necessity of placing
the respondent under immediate custody in order not to frustrate
the ends of justice.
(c) When warrant of arrest not necessary. — A warrant of arrest
shall not issue if the accused is already under detention pursuant to
a warrant issued by the municipal trial court in accordance with
paragraph (b) of this section, or if the complaint or information
was filed pursuant to section 7 of this Rule or is for an offense
penalized by fine only. The court shall then proceed in the
exercise of its original jurisdiction. (6a)
 Same rule whether the case is filed with the MeTC, MTC,
or MCTC, for those whose imposable penalty does not
exceed 6 years regardless of the fine, or the RTC for those
whose imposable penalty exceeds 6 years but the penalty is
at least 4 years, 2 months, and 1 day regardless of the fine.
 Once the information is filed, the court will have to
ascertain if there is probable cause for issuance of the
 warrant of arrest. After arraignment has taken place, the
judge can no longer determine probable cause!!
1987 CONSTITUTION, Article III, Section 2. The right of the
people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and
the persons or things to be seized.
o Judicial determination of probable cause
 Probable cause for the purposes of
issuing a warrant of arrest pertains to
facts and circumstances which would
lead a reasonably discreet and prudent
person to believe that an offense has
been committed by the person sought to
be arrested.
 To move the court to conduct a judicial
determination of probable cause is a
mere superfluity, for with or without
such motion, the judge is duty-bound to
personally evaluate the resolution of the
public prosecutor and the supporting
evidence.
 Also, this is a PROHIBITED
motion under the Revised
Guidelines for Continuous
Trial of Criminal Cases
Probable cause for the purpose Probable cause for the purpose
of issuing a warrant of arrest of filing an information aka
aka judicial determination executive determination
Judge Investigating prosecutor
Determine whether a warrant of Determine whether there is
arrest should be issued against reasonable ground to believe
the accused that the accused is guilty of the
offense charged and should be
held for trial
The judge cannot rely solely on The prosecutor’s report will
the report of the prosecutor in support his own conclusion
finding probable cause to
justify the issuance of a warrant
of arrest. The judge must
decide INDEPENDENTLY.
He must have supporting
evidence, other than the
prosecutor’s bare report, upon
which to legally sustain his
own findings
It is not required that the
complete or entire records of
the case during the preliminary
investigation be submitted to
and examined by the judge
o Personal examination
 The judge must personally evaluate the
resolution of the prosecutor and its
supporting evidence.
 The judge must satisfy himself that
based on the evidence submitted, there
is necessity for placing the accused
under custody in order not to frustrate
the ends of justice.
o Probable cause hearing
 A hearing to determine probable cause
is NOT MANDATORY for a judge to
issue a warrant of arrest; a personal
evaluation of the prosecutor’s report
and supporting documents shall be
sufficient.
 Upon filing of the information, the court has 3 options:
o DISMISSAL of the case
 The judge cannot be forced to issue an
arrest warrant.
 Remedy for concerned party:
 APPEAL the decision
 REFILE the case if new
evidence is adduced in
another preliminary
investigation will support the
filing of a new information
against them
o ISSUANCE of the warrant of arrest after
determination of probable cause
o ORDER the prosecutor to submit additional
evidence to clear any doubt as to which of the
first 2 options he will choose
 Within 5 days from notice in case of
doubt on the existence of probable
cause
 NOT MANDATORY
 It is only in case of doubt on the
existence of probable cause that the
judge may order the prosecutor to
present additional evidence within 5
days from notice.
For cases not requiring preliminary investigation at the level of the
Office of the Prosecutor but the information is later filed in court
RULE 112, Section 8. Cases not requiring a preliminary
investigation nor covered by the Rule on Summary Procedure. —
(a) If filed with the prosecutor. — If the complaint is
filed directly with the prosecutor involving an offense
punishable by imprisonment of less four (4) years, two
(2) months and one (1) day, the procedure outlined in
section 3(a) of this Rule shall be observed. The
prosecutor shall act on the complaint based on the
affidavits and other supporting documents submitted by
the complainant within ten (10) days from its filing.
(b) If filed with the Municipal Trial Court. — If the
complaint or information is filed directly with the
Municipal Trial Court or Municipal Circuit Trial Court
for an offense covered by this section, the procedure in
section 3(a) of this Rule shall be observed. If within ten
(10) days after the filing of the complaint or
information, the judge finds no probable cause after
personally evaluating the evidence, or after personally
examining in writing and under oath the complainant
and his witnesses in the form of searching question and
answers, he shall dismiss the same. He may, however,
require the submission of additional evidence, within ten
(10) days from notice, to determine further the existence
of probable cause. If the judge still finds no probable
cause despite the additional evidence, he shall, within
ten (10) days from its submission or expiration of said

period, dismiss the case. When he finds probable cause,
he shall issue a warrant of arrest, or a commitment order
if the accused had already been arrested, and hold him
for trial. However, if the judge is satisfied that there is
no necessity for placing the accused under custody, he
may issue summons instead of a warrant of arrest. (9a)
 Filed with the prosecutor
o The prosecutor shall take the appropriate action
based on the affidavits and other supporting
documents submitted by the complainant.
o He may either:
 DISMISS the complaint if he does not
see sufficient reason to proceed with
the case
 FILE the information if he finds
probable cause
o The prosecutor is NOT MANDATED to require
the respondent to submit his counter-affidavit to
oppose the complaint.
 The prosecutor cannot be faulted for
relying merely on the complaint-
affidavit without requiring the
submission of respondent’s counter-
affidavit.
 Filed with the first level court
o The judge must examine whether probable cause
exists to hold respondent for trial. He does this
by:
 Personally examining in writing and
under oath the complainant and his
witnesses in the form of searching
questions and answers
 Requiring the submission of additional
evidence, within 10 days from notice,
to determine further the existence of
probable cause
o Options by the judge:
 If he finds probable cause, ISSUE A
WARRANT OF ARREST OR A
COMMITMENT ORDER in case the
accused had already been arrested
 If he finds no probable cause, he shall
DISMISS the case
 If he is satisfied that even if there is
probable cause, there is no necessity for
placing the accused under custody, he
may ISSUE SUMMONS instead of a
warrant of arrest
For cases covered by the Rule on Summary Procedure
 Generally, those falling under the Rules on Summary
Procedure are those offenses punishable by a penalty not
exceeding 6 months
 For those commenced by:
o Information
 The court shall issue an order requiring
the accused to submit his counter-
affidavit and the affidavit of his
witnesses.
o Complaint
 The court may on the basis of the
complaint and supporting evidence
DISMISS the case outright for being
patently without basis or merit.
 If not dismissed outright, the court shall
likewise issue an ORDER requiring
evidence, affidavits, and counter-
affidavits from both parties.
 The court has 2 options:
o Set the case for ARRAIGNMENT AND TRIAL
if it finds cause or ground to hold the accused for
trial
o DISMISS the case if it finds no such cause or
ground
 The warrant of arrest is generally not issued except for
failure to appear whenever required.
When arrest warrant not necessary
 The accused is already under detention pursuant to a
warrant issued by the MTC.
 The complaint or information was filed pursuant to inquest
proceedings or is for an offense penalized by a fine only.
When accused lawfully arrested without warrant
RULE 112, Section 6. When accused lawfully arrested without
warrant. — When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary investigation,
the complaint or information may be filed by a prosecutor without
need of such investigation provided an inquest has been conducted
in accordance with existing rules. In the absence or unavailability
of an inquest prosecutor, the complaint may be filed by the
offended party or a peace office directly with the proper court on
the basis of the affidavit of the offended party or arresting officer
or person.
Before the complaint or information is filed, the person arrested
may ask for a preliminary investigation in accordance with this
Rule, but he must sign a waiver of the provisions of Article 125 of
the Revised Penal Code, as amended, in the presence of his
counsel. Notwithstanding the waiver, he may apply for bail and
the investigation must be terminated within fifteen (15) days from
its inception.
After the filing of the complaint or information in court without a
preliminary investigation, the accused may, within five (5) days
from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense
as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
 Inquest
o An informal and summary investigation
conducted by a public prosecutor in criminal
cases involving persons arrested and detained
without the benefit of a warrant of arrest issued
by the court for the purpose of determining
whether said persons should remain under
custody and correspondingly be charged in court
o Expected end result:
 Filing of an information in court OR
 Release of the arrested person
 BUT release does not
necessarily mean that there
will be no further
proceedings
 The private complainant may
pursue the case through the
regular course of a
preliminary investigation
 o The rules on inquest do not provide for a motion WAIVER of the provisions of Art. 125
for reconsideration. of the RPC.
o GENERAL RULE: Inquest only applies in cases 1. Such waiver shall be in
where there is warrantless arrest, and the offense WRITING and SIGNED by
requires a preliminary investigation. such person in the presence
 Otherwise, the case shall be filed of his counsel.
directly in court. 2. Otherwise, the waiver shall
o EXCEPTION: In the absence or unavailability of be null and void and of no
an inquest prosecutor, the case may be filed effect.
directly in court by the offended party or peace 3. This preliminary
officer, thus dispensing with the inquest investigation shall be
proceedings. terminated WITHIN 15
DAYS.
Preliminary Inquest Immediate ii. If preliminary investigation is not
Investigation Detention availed of, the proceedings now move
Penalty to the inquest proper.
imposable is 1. Inquest prosecutor examines
at least 4 the statement of affidavit of
years, 2 ✔ ✔ ✖ the complainants and witness,
months, and 1 and other supporting
day evidence.
Person was 2. The prosecutor in an informal
arrested ✖ and summary proceeding
without ✔ ✔ determines whether or not
warrant there is probable cause for the
filing of an information.
3. The submission of counter-
 Inquest proceedings
affidavits in inquest
1. Complaint / referral documents
proceedings is not allowed,
a. Inquest shall be considered commenced upon
unless the detained person
receipt by the Inquest Officer from the law
avails of the option to avail of
enforcement authorities of the complaint / referral
a preliminary investigation,
documents, which shall include:
because in such cases the
i. Affidavit of arrest
proceedings are converted to
ii. Investigation report
a regular preliminary
iii. Statement of the complainant and
investigation.
witnesses
3. Inquest proper
iv. Other supporting evidence gathered by
a. Probable cause in inquest proceedings is defined
the police in he course of the latter’s
as when the evidence submitted to the Inquest
investigation of the criminal incident
Officer engenders a well-founded belief that a
involving the arrested or detained
crime has been committed and that the arrested or
person
detained person is probably guilty thereof.
2. Warrantless arrest / inquest proceedings
b. If the Inquest Officer finds probable cause:
a. The initial duty of the inquest officer is to
i. He shall prepare the complaint /
determine, based on the complaint / referral
information and recommend the filing
documents submitted by the arresting officers, if
thereof to the prosecutor for filing
the arrest of the detained person was made in
thereof, which may be done by the
accordance with the provisions of Rule 113,
inquest prosecutor or another
Section 5.
prosecutor to whom the case is
b. Inquest proceedings are proper only when the
assigned.
accused has been lawfully arrested without
c. Remedies after inquest
warrant.
i. Request for a PRELIMINARY
c. If INVALID, the inquest officer should proceed
INVESTIGATION
under Section 9 of the New Rules on Inquest:
1. Within 5 days after the
i. Recommend the RELEASE of the
accused learns of the filing of
person arrested or detained
a complaint or information in
ii. Note down the disposition on the
court
referral documents
2. Such 5 day period cannot be
iii. Prepare a brief memorandum indicating
extended
the reasons for the action taken
ii. Apply for BAIL
iv. Forward the same, together with the
1. Normally, bail is not allowed
record of the case, to the City or
during the conduct of the
Provincial Prosecutor for appropriate
inquest proceedings.
action
2. Available ONLY after
d. If VALID, the detained person shall be asked
availing of a preliminary
whether he wishes to avail of a preliminary
investigation or
investigation.
reinvestigation
i. If he chooses to, he must execute with
iii. PETITION FOR REVIEW
the assistance of a lawyer or a
responsible person of his choice a
 1. Available ONLY after Miranda rights
availing of a preliminary
investigation or
reinvestigation

ARREST

Definition

RULE 113, Section 1. Definition of arrest. — Arrest is the taking

of a person into custody in order that he may be bound to answer
for the commission of an offense. (1)

 Generally, it is considered LEGITIMATE if effected with a

valid warrant of arrest.
o The Revised PNP Operational Procedures states
that as a rule, all arrests should be made only on
the basis of a valid warrant of arrest issued by a
competent authority, EXCEPT in instances where
the law allows warrantless arrests.

Section 2. Arrest; how made. — An arrest is made by an actual

restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest.

No violence or unnecessary force shall be used in making an

arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention. (2a)

 Neither the application of actual force, manual touching of

the body, or physical restraint nor a formal declaration of
arrest is required.
o It is enough that there be:
 An INTENTION on the part of one of
the parties to ARREST the other
 An INTENT on the part of the other to
SUBMIT under the belief and
impression that submission is necessary
o An officer is never justified in using unnecessary
force or in treating the offender with wanton
violence, or in resorting to dangerous means
when the arrest could be effected otherwise.
 The person arrested shall not be subject to a greater
restraint than is necessary for his detention.
o The rules of engagement, of which every police
officer must be thoroughly knowledgeable and
for which he must always exercise the highest
caution, does not require that he should
immediately draw or fire his weapon if the person
asked or to be accosted does not heed his call.
o To determine necessity or reasonableness, the
following must be considered:
 CIRCUMSTANCES surrounding the
force employed
 Number of AGGRESSORS
 NATURE and CHARACTERISTIC of
the WEAPON used
 PHYSICAL CONDITION
 SIZE
 OTHER CIRCUMSTANCES to
include the place and occasion of the
assault
o The police officer is given the sound
DISCRETION to consider these factors in
employing reasonable force.