Criminal Procedure

A procedural steps through criminal cases found in

Rule 110-127 of the Revised Rules on Criminal
Procedure and the 1987 Constitution of the
Philippines.
• Rule 110 Prosecution of Offenses
• Rule 111 Prosecution of Civil Action
• Rule 112 Preliminary Investigation
• Rule 113 Arrest
• Rule 114 Bail
• Rule 115 Rights of Accused
• Rule 116 Arraignment and Plea
• Rule 117 Motion to Quash
• Rule 118 Pre-Trial
• Rule 119 Trial
• Rule 120 Judgment
• Rule 121 New Trial or Reconsideration
• Rule 122 Appeal
• Rule 123 Procedure in the Municipal Trial Courts
• Rule 124 Procedure in the Court of Appeals
• Rule 125 Procedure n Supreme Court
• Rule 126 Search and Seizure
• Rule 127 Provisional Remedies in Criminal Cases
Provides method by which a person
accused of a crime is arrested, tried and
punished.
 RULE 110 – Prosecution of offence
Section 1

Institution of offence depends if PRELIMINARY

INVESTIGATION is required.

It 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.
 Section 2 – Complaint and
Information
1. shall be in writing
2. in the name of the People of the Philippines;
and
3. against all persons who appear to be
responsible for the offense involved
 Complaint
• Statement charging a person with an
offense
• Sworn and written
• Subscribed by:
Offended party
Any Peace Officer
Public officer with enforcement of the law
violated
 Information
• An information is an accusation in writing
charging a person with an offense, subscribed
by the prosecutor and filed with the court.
Section 5. Who must prosecute
criminal actions

PUBLIC PROSECUTOR
 Prosecutor’s Task is Two-Fold
1. To prove that the crime has been
committed
2. That the accused is the person
responsible therefor.

It must be able to overcome the constitutional

presumption of innocence with evidence beyond
reasonable doubt to justify the conviction of the
accused.
 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;
• the place where the offense was committed.
 Section 13. Duplicity of the
offense.

• A complaint or information must charge but

one offense, except when the law prescribes a
single punishment for various offenses.
Rule 111 : Prosecution of Civil
Action
Article 100 of the Revised Penal Code
states that a criminal case has two aspects,
the civil and the criminal.

The civil aspect is based on the principle

that EVERY PERSON CRIMINALLY
LIABLE IS ALSO CIVILLY LIABLE.
• The offended party seeks to enforce civil
liability against accused by way of moral,
nominal, temperate, or exemplary
damages.
Purpose of Civil Action - The sole purpose
of the civil action is for the resolution,
reparation or indemnification of the private
offended party for the damage or injury he
sustained by reason of the delictual or
felonious act of the accused.

(Ricarze v. Court of Appeals, G.R. No.

160451, February 9,2007)
 Article 104 : WHAT CIVIL
LIABILITY INCLUDES

1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential
damages.

Activity 3.

Explain how these civil liability being made or executed.