A.

Institution of a Criminal Action

1. What does ‘institution of criminal action’ mean?
The institution of a criminal action means the filing of the complaint with
the appropriate officer for offenses where the penalty prescribed by law is at
least 4 years, 2 months and 1 day; or the direct filing of the complaint or
information with the MTCs and MTCCs, or with the office of the prosecutor
in Manila and other chartered cities.

2. What is ‘prosecution of criminal actions’?

The prosecution of criminal actions means that the criminal actions
commenced by a complaint or information is now prosecuted under the
direction and control of the prosecutor.

3. What is the effect of the institution of criminal actions?

The effect of the institution of criminal actions interrupts the running of the
period of prescription of the offense charge. (Sec. 1, Rule 110)

4. What is the effect of the filing of a complaint in the barangay on

criminal actions?
The filing of a complaint in the barangay tolls the prescriptive period of the
criminal actions.

5. State the prescriptive periods of:

a. offenses punishable under the Revised Penal Code
Article 90 of the Revised Penal Code provides that:
i. For offenses punishable by death, Reclusion perpetua and
reclusion temporal prescribes in twenty years.
ii. Crimes punishable by other afflictive penalties shall prescribe
in fifteen years.
iii. Those punishable by a correctional penalty shall prescribe in
ten years; with the exception of those punishable by arresto mayor, which
shall prescribe in five years.
iv. The crime of libel or other similar offenses shall prescribe in
one year.
v. The crime of oral defamation and slander by deed shall
prescribe in six months.
vi. Light offenses prescribe in two months.
b. Special laws (Act 3326)
 Under Act 3326, if the special law does not provide for a prescriptive
period, then the following prescriptive periods shall apply:
i. offenses punished only by a fine or by imprisonment for not
more than one month, or both shall prescribe in one year
ii. for those punished by imprisonment for more than one month,
but less than two years shall prescribe in four years;
iii. for those punished by imprisonment for two years or more, but
less than six years shall prescribe in eight years; and
iv. after twelve years for any other offense punished by
imprisonment for six years or more, except the crime of treason, which shall
prescribe after twenty years.

6. What are the imprescriptible offenses in the Philippines?

Eg: RA 9851 , Safe Space Act (Sec. 36)
The imprescriptible offenses in the Philippines are the following:
a. Offenses committed under the Anti-Cybercrime Law
b. Offenses committed in violation of the Safe Space Act

7. What is the effect of a barangay amicable settlement on the criminal

liability of the accused?
The barangay amicable settlement has the effect of a final judgment of the
court on the criminal liability of the accused.

Under Sec. 416 of RA 7160, the amicable settlement and arbitration award
of a Baranggay Lupon shall have the force and effect of a final judgment of
a court upon the expiration of ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a petition to nullify the award
has been filed before the proper city or municipal court.

8. What is the effect of an affidavit of desistance or recantation on the

criminal liability of the accused?
The filing of an Affidavit of Desistance does not automatically dismiss the
complaint or criminal case. It is only a ground for dismissing the case only if
the prosecution can no longer prove the guilt of the accused beyond
reasonable doubt without the testimony of the offended party.
Furthermore, it does not bar the People of the Philippines from prosecuting
the criminal action, but it operates as a waiver of the right to pursue civil
indemnity on the part of the complainant.
9. Where may a criminal action be instituted? (consider jurisdiction
and office)
According to Sec. 15, Rule 110 of the Rules of court, a criminal action may
be instituted as follows:
(a) Subject to existing laws, the criminal action shall be instituted and tried
in the court of the municipality or territory where the offense was committed
or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or
private vehicle while in the course of its trip, the criminal action shall be
instituted and tried in the court of any municipality or territory where such
train, aircraft or other vehicle passed during such its trip, including the place
of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its
voyage, the criminal action shall be instituted and tried in the court of the
first port of entry or of any municipality or territory where the vessel passed
during such voyage, subject to the generally accepted principles of
international law.
(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.

10. How may a criminal action be instituted?

The Rules of Court provides how Criminal actions shall be instituted:
(a) For offenses where a preliminary investigation is required -- by filing the
complaint with the proper officer for preliminary investigation
Preliminary investigation is required for offenses where the penalty
prescribed by law is AT LEAST 4 years, 2 months, and 1 day (prision
correccional max) of imprisonment without regard to the fine. [Rule 112,
Sec. 1(2)]
(b) For all other offenses – Instituted 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. (Rule 110, Sec. 1)

11. Who may institute a criminal action?

The following may institute a criminal action:
A. Any person presenting to a court a complaint (offended party, peace
officer, public officer charged with the enforcement of the law violated).
 B. It may be commenced by the prosecutor by filing with the court an
information.

12. Who are the parties to a criminal action?

Under the Rules of Court, the parties to a criminal action are:
A. The People of the Philippines
B. The offended party
C. All persons who appear to be responsible for the offense.
(Sec. 2, Rule 110)

In R.A. 11313, the following may institute a criminal action based on the
violation of the law:
1. In cases of Gender Based Sexul Harassment in the Workplace, the
employer or other persons of authority, influence, moral ascendancy in workplace
may be included as party in the Criminal Action.

2. In case of Gender Based Sexual Harassment in Educational and

Training Institutions, School heads re included as party in the Criminal Action

13. What are the criminal actions that cannot be instituted de oficio?
The following are criminal actions that cannot be instituted de oficio:
A. Adultery
B. Concubinage
C. Rape
D. Seduction
E. Acts of Lasciviousness
F. Abduction
G. Defamation when it imputes any of the offenses mentioned above.

14. When can a spouse not institute a criminal action for concubinage or
adultery?
The spouse cannot institute a criminal action for concubinage or adultery if
he could not include both guilty parties nor if he have consented or pardoned
the offenders.

15. When may a criminal action be instituted by persons other than the
offended party?
In cases of seduction, abduction or acts of lasciviousness, the following may
institute the criminal action:
 1. The offended party;
2. Parents of the offended party;
3. Grandparents of the offended party; or
4. Guardian of the offended party (Sec. 5, Rule 110)

16. When may a criminal action which cannot be instituted de oficio be

initiated by the State?
A criminal action cannot be instituted de oficio by the State:
1. When the offended party dies or becomes incapacitated before a
complaint is filed; or
2. The offended party has no known parents, grandparents or guardian (Sec.
5, Rule 110)

17. Who may institute a criminal action under R.A. 9262 be instituted?
Sec. 25 of RA 9262 provides that any citizen having personal knowledge of
the circumstances involving the commission of the crime may file a
complaint and institute a criminal action.

18. How may a criminal action against a minor aged 15 to below 18 be

instituted?
Sec.11 of A.M. NO. 02-1-18-SC provides that a criminal action may be
instituted against a juvenile in conflict with the law by filing a complaint
with the prosecutor or the municipal trial court in cases where a preliminary
investigation is required.

19. What is an Information?

An Information is an accusation in writing charging a person with an
offense, subscribed by the public prosecutor and filed with the court.

20. What is a complaint?

A complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer charged with the
enforcement of the law violated.

21. When may a criminal action be instituted through a complaint?

A criminal action should be instituted through a complaint for all other cases
that do not require preliminary investigation.

22. When must a criminal action be instituted through an Information?

 A criminal action should be instituted through an information for case
requiring a preliminary investigation where the prosecutor determines that
there is probable cause to believe that the accused is guilty and should be
held for trial.

B. Institution of a Criminal Action

1. Who must prosecute criminal actions?
The following may prosecute criminal actions:
A. Public Prosecutor
B. Solicitor General is authorized to bring and defend actions in
behalf of the people once the case is brought before the SC or CA.
C. Office of the ombudsman through its private prosecutor
represents the People in all cases elevated to the SC by way of petition
for review against decisions or final orders of the Sandiganbayan.

2. Who is a public prosecutor?

Under the law, all criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and control of a
public prosecutor.

3. Who is a special prosecutor?

A special prosecutor is a prosecutor under the Ombudsman that have the
exclusive authority to conduct preliminary investigation of all cases
cognizable by the Sandiganbayan; to file information thereof and to
direct and control the prosecution of said cases therein. (Section 17, PD
No. 1607)

4. Who is a private prosecutor?

A private prosecutor are private attorneys. Section 5 of Rule 110 of the
Rules of Court provides that all criminal actions either commenced by
complaint or by information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work schedule of the
public prosecutor or in the event of lack of public prosecutors, the
private prosecutor may be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor to prosecute the case
subject to the approval of the court. Once so authorized to prosecute the
criminal action, the private prosecutor shall continue to prosecute the
case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn. (A.M. NO. 02-2-
07-SC)
5. Will the settlement of the civil action instituted with the criminal
action terminate the authority of a private prosecutor?
No, the authority of the private prosecutor continues even after the
settlement of the civil action unless revoked by the public prosecutor.
Under the Rules, once so authorized to prosecute the criminal action, the
private prosecutor shall continue to prosecute the case up to end of the trial
even in the absence of a public prosecutor, unless the authority is revoked or
otherwise withdrawn.

6. What is the effect of a compromise between the private parties (accused

and the offended party) on the prosecution of a criminal action?

A compromise in a criminal action only covers the civil liability of the case
and if a subsequent valid affidavit of desistance is filed and was found to be
sufficient by the court the criminal case will be dismissed upon the motion of
the prosecution.