1. How are criminal actions instituted?

According to Section 1 of Rule 110 of the Rules of Court, crfdgddfriminal actions are instituted
by filing of a complaint with the Office of the Prosecutor or Municipal trial Court.

The filing of a complaint with the office of the prosecutor is done in two scenarios:

a. Criminal cases in Metro Manila and other chartered Cities; and

b. Cases requiring preliminary investigation. According to Rule 112, Section 1 of the Rules of Court,
a preliminary investigation is required to be conducted before the filing of a compliant 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.

2. Who may file? What are crimes that cannot be prosecuted de officio?

Based on Section 5 of Rule 110 of the Rules of Court, the answer to the question of who may file
is dependent upon the type of crime committed. If it is a public crime, then any competent person
may file a complaint for the prosecution of an offense with the office of the prosecutor or the MTC.

However, for private crimes, only the private complainant himself or herself may file the
complaint.

Thus, private crimes cannot be prosecuted de officio. There is an exclusive enumeration of those
crimes which are deemed private crimes. These are:

a. Adultery and concubinage;

b. Seduction, abduction or acts of lasciviousness; and
c. Defamation which consists in the imputation of the crimes above listed

Hence, where the crime committed is adultery, concubinage, seduction, abduction, acts of
lasciviousness or defamation which consists in the imputation of any of the aforementioned crimes,
only the private complainant may file a complaint to institute criminal action. In the absence of the
private complainant, the case would be rendered dismissible.

3. What should a complaint or information contain to be sufficient?

According to Section 6 of Rule 110 of the Rules of Court, in order for an information to be
sufficient it must validly charge an offense. Whether an information validly charges an offense
depends on whether the material facts alleged in the complaint or information shall establish the
essential elements of the offense charged.

4. What is duplicity of offense? What are exceptions?

According to Section13 of Rule 110 of the Rules of Court, duplicity of offense occurs when an
information alleges more than one criminal act. The general rule is that a complaint or information
must charge only one offense. More than one offense may be charged under one complaint or
information when the law prescribes a single punishment for various offenses as in complex and
compound crimes treated in Art. 48 of the RPC.
5. Where should a criminal case be filed?

According to Section 15 of Rule 110 of the Rules of Court, as a general rule, a criminal case
should be filed in the court of the municipality or territory where the offense was committed, or
where any of essential elements occurred. However, special rules govern certain instances such as:

a. Where an offense is committed in an aircraft, train or public or private vehicle in the course
of its trip, the proper venue for filing shall be the courts of the municipality from which it
departed, any municipality it passed through, or where it arrived.
b. If the offense is committed in a vessel, then the criminal action should be filed in the court
having jurisdiction over the first port of entry, or any territory or municipality which the
vessel passed through.
c. Where the offense committed is punishable under Art. 2 of the RPC, then it shall be filed
with any court in the Philippines where the action is first filed.
6. How is an information is amended?

According to Section 14 of Rule 110 of the Rules of Court, an information can be amended by
introducing formal or substantial changes to the information. An amendment is deemed formal if
the change involves the following:

a) New allegations relating only to the range of the penalty;

b) A change that does not charge another offense different or distinct from the original one;
c) Allegations which do not alter the prosecution’s theory of the case;
d) Does not affect any substantial right of the accused; or
e) Adds specifications to eliminate vagueness.

On the other hand, an amendment is substantial if it involves:

a) Change in the nature of the crime alleged;

b) Exposes the accused to a charge which could call for a higher penalty;
c) Affects the essence of the offense; or
d) Causes surprise or deprives the accused of an opportunity to meet the new averment.

Thus, the manner in which an information is amended depends on the nature of the
amendment. Before arraignment, an information may be subject to both formal and substantial
amendments without leave of court, except when the amendment downgrades the nature of the
offense or excludes an accused. But after arraignment, only formal amendments may be made, and
may only be made with leave of court, provided, the amendments made do not prejudice the rights
of the accused.

7. What is the distinction between amendment and substitution?

The distinction between amendment and substitution is that an amendment may involve either
formal or substantial changes while substitution necessarily involves a substantial change from the
original charge. An amendment before arraignment can be effected without leave of court, but
substitution of an information must be performed with leave of court since substitution involves
dismissal of the original information. Where the amendment is only formal, no new preliminary
investigation is necessary, but in all cases of substitution of the information, a new preliminary
 investigation is necessary. An amended information refers to the same offense charged in the
original information, or to an offense which necessarily includes or is necessarily included in the
original charge, hence substantial amendments to the information after arraignment cannot be
made over the objection of the accused. On the other hand, substitution requires or presupposes
that the new information involves a different offense which does not include or is not necessarily
included in the original charge, hence the accused cannot claim double jeopardy. 1

1
Pacoy v. Cajigal 534 SCRA 338, 348-349, citing Teehankee v. Madayag, 207 SCRA 134,140.