VENUE OF CRIMINAL ACTIONS

 Criminal action shall be instituted and tried in the court of the municipality or territory
a. Where the offense was committed
b. Where any of its essential ingredients occurred

Venue; an element of criminal jurisdiction

 Venue in a criminal case is a jurisdictional matter
 Venue is an element of jurisdiction
 The complaint or information should state the place where the offense was committed
 Venue is jurisdictional only in relation to a criminal action.
 Procedural applications for a search warrant
o An application for a search warrant merely constitutes a criminal process and is
not in itself a criminal action.

Improper venue in a civil case

 In a civil case, where the complaint is filed in the wrong venue, the ground for motion
to dismiss would be that “venue is improperly laid”
 In a criminal case, the ground for motion to quash would be that “the court trying
the case has no jurisdiction over the offense charged”
 In criminal case, improper venue means lack of jurisdiction

When a court has jurisdiction to try offenses not committed within its territorial
jurisdiction
1. When the offense was committed under the circumstances enumerated in Art. 2 of the
RPC, the offense is cognizable before Philippines courts even if committed outside of the
territory of the Philippines.
2. Where the SC orders a change of venue or place of trial to avoid miscarriage of justice.
3. Where an offense is committed in a train, aircraft or other public or private vehicle in the
course of its trip. It may be instituted and tried in the court of any municipality or
territory where said train, aircraft, or vehicle passed during its trip. The crime may
also be instituted and tried in the place of departure and arrival.
4. Where an offense is committed on board a vessel in the course of its voyage. The court
of the first port of entry, or in the court of the municipality or territory where the vessel
passed during the voyage.
 Note: With respect to crimes committed on board a vessel, the places of
departure and arrival are not included as proper venues of the action.
5. Where the case is cognizable by the Sandiganbayan – where the court actually sits in
Quezon City. The justice may also authorize any divisions of the court to hold sessions
at any time and place outside Metro Manila where the interest of justice so requires.
6. Where the offense is written defamation, it may be filed in the province or city where
the offended party held office at the time of the commission of the offense if he is a
public officer, or in the province or city where he actually resided at the time of the
commission of the offense in case the offended party is a private individual
Venue of selected offenses
1. In what place should an information for perjury be filed?
a. Venue is at the place where the testimony under oath is given
b. Venue may either be at the place where the sworn statement is submitted or
where the oath was taken as the taking of the oath and the submission are both
material ingredients of the crime committed.
2. Criminal action arising from illegal recruitment shall be filed, not only in the RTC of
the province or city where the offense was committed. It may also be filed where the
offended party actually resides at the time of the commission of the offense.
3. Violations of B.P. 22 are categorized as transitory or continuing crimes.
a. A suit on the check can be filed in any of the places where any of the elements
of the offense occurred, that is, where the check is drawn, issued, delivered or
dishonored.
b. A person charged with a transitory crime may be validly tried in any
municipality or territory where the offense was in part committed.
4. Estafa by postdating or issuing bad check, may be a transitory or continuing offense.
5. Transitory crimes – some acts material and essential to the crime occur in one
province and some in another.

Venue of psychological violence under R.A. 9262

 As long as the criminal action was instituted in the place where the victim resides, the
trial court has jurisdiction over the offense even if the abusive conduct or at of violence
was committed outside the Philippine territory

VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION

Meaning of amendment
- It is the correction of an error or an omission in a complaint or an information.
- It is effected by adding or striking out an allegation or the name of any party, or by
correcting a mistaken or inadequate allegation or description in any other respect, so
that the actual merits of the controversy may speedily be determined.

Amendment of the information or complaint before plea; no need for leave

- If the amendment is made before the accused enters his plea, the complaint or
information may be amended in form or in substance, without the need for leave of
court.

When leave of court is required even if the amendment is made before plea
1. Leave of court is required even if the amendment is made before plea in the following
instances:
a. The amendment downgrades the nature of the offense charged
b. The amendment excludes any accused from the complaint or information
The above amendments require a motion by the prosecutor, with notice to the offended party.
This rule requiring notice to the offended party.

Rules as to amendment made after the plea of the accused

1. If the amendment is made after the accused enters his plea and during the trial, any
formal amendment may only be made under two conditions:
a. Leave of court must be secured
b. The amendment does not cause prejudice to the rights of the accused
2. Before the accused enters his plea, a formal or substantial amendment of the complaint
or information may be made without leave of court.
a. After the entry of plea, only a formal amendment may be made but with leave
of court and if it does not prejudice the rights of the accused.
b. After arraignment, a substantial amendment is proscribed except if the same
is beneficial to the accused.

When an amendment is formal or substantial

Formal amendment
- Amendments that do not charge another offense different from that charged in the
original one; or do not alter the prosecution’s theory of the case so as to cause surprise
to the accused and affect the form of defense he has or will assume are considered
merely as formal amendments
- Amendment to an information which does not change the nature of the crime alleged
therein, does not affect the essence of the offense, cause surprise or deprive the
accused of an opportunity to meet the new averment
- Mere change in the date of the commission of the crime, if the disparity is not great
Examples:
1. New allegations which relate only to the range of the penalty that the court might
impose in the event of conviction
2. An amendment which does not charge another offense different or distinct from that
charged in the original one
3. Additional allegations which do not alter the prosecution’s theory of the case so as to
cause surprise to the accused and affect the form of defense he has or will assume
4. An amendment which does not adversely affect any substantial right of the accused
5. An amendment that merely adds specifications to eliminate vagueness in the
information and not to introduce new and material facts, and merely states with
additional precision something which is already contained in the original information and
which adds nothing essential for conviction for the crime charged
6. Insertion of the real name of the accused is merely a formal amendment
Substitution of the complaint or information
- It may be substituted if it appears at any time before judgment that a mistake has been
made in charging the proper offense

Distinction between substitution and amendment

Amendment
May involve either formal or substantial
changes
Amendment before plea has been entered
can be effected without leave of court
Where the amendment is only as to form,
there is no need for another preliminary
investigation and the retaking of the plea of
the accused
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
Substitution
Involves a substantial change from the
original charge
Must be with leave of court as the original
information has to be dismissed
Another preliminary investigation is entailed
and the accused has to plead anew to the
new information
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

PROSECUTION OF CIVIL ACTION

Implied institution of the civil action with the criminal action
When a criminal action is instituted, the civil action for the recovery of the civil liability arising
from the offense charged shall be deemed instituted with criminal action.
When a person commits a crime, he offends two entities:
a. The society in which he lives in or the political entity, called the State, whose law he has
violated
b. The individual member of that society whose person, right, honor, chastity or property
was actually or directly injured or damaged by the same punishable act or omission

Purpose of the criminal and civil actions

1. Purpose of the criminal action is to punish the offender in order to deter him and
others from committing the same or similar offense, to isolate him from society, reform
and rehabilitate him or, in general, to maintain social order
2. Purpose of 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
When a civil action may proceed independently; independent civil actions and quasi-
delicts
1. A single act or omission that causes damage to an offended party may give rise to two
separate civil liabilities on the part of the offender
a. Civil liability ex delicto – civil liability arising from the criminal offense under
Art. 100 of RPC
b. Independent civil liability – civil liability that may be pursued independently
of the criminal proceedings

Consequences of the independent character of actions under Art. 32, 33, 34 and
2176 of the Civil Code
1. The right to bring the civil action shall proceed independently of the criminal action and
regardless of the result of the latter
2. The quantum pf evidence required is preponderance of evidence
3.
a. 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.
b. 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 an independent civil action
c. Even if a civil action is filed independently, the ex delicto civil liability in the criminal
prosecution remains, and the offended party may – subject to the control of the
prosecutor

When there is no implied institution of the civil action

1. When the offended party waives the civil action
2. When the offended party reserves the right to institute the civil action separately
3. When the offended party institutes the civil action prior to the criminal action

Reservation of the civil action

Shall be made before the prosecution starts presenting its evidence

When no reservation is required

Criminal action is not a waiver of the right to file a separate and independent civil action based
on these articles of the Civil Code.

Civil liability in BP 22
With respect to criminal actions for violation of BP 2, reservation to file such separately is not
allowed.
No reservation of the civil action in BP 22
The rule prohibits the filing of a reservation to file the civil action arising from BP 22

When the separate civil action is suspended

1. After the criminal action is commenced, the separate civil action arising therefrom
cannot be instituted until final judgment has been entered in the criminal action
2. The institution of a civil action prior to the criminal action. If the offended party does so
and, later, during the pendency of the civil action, the criminal action is commenced, the
civil action already instituted shall be suspended, in whatever stage of the proceedings it
may be found.
3. This applies only to civil actions arising from the offense charged

Counterclaim, cross-claim, third-party claim in a criminal action

No counterclaim, cross-claim or third-party claim may be filed by the accused in the criminal
case

Rules on filing fees

1. Filing fees shall be paid when damages are being claimed by the offended party.
a. There is no filing fee required for actual damages claimed
b. Filing fees shall be paid by the offended party upon the filing of the criminal
action in court where he seeks for the enforcement of the civil liability of the
accused by way of moral, nominal, temperate, or exemplary damages

Effect of death of the accused on his criminal liability

Extinguishes his criminal liability

Effect of death of the accused on his civil liability

1. Death after arraignment
If the accused dies after arraignment and during the pendency of the criminal action,
the civil liability of the accused arising from the crime is extinguished.
a. The civil liability that is extinguished is that liability arising from and solely based
on the offense committed.
b. Independent civil actions may be continued against the estate or legal
representative of the accused after proper substitution or against the estate as
the case may be
c. Despite the death of the accused they may file a separate civil action against
the estate of the deceased-accused based on sources other than the delict
 2. Death before arraignment
The case shall be dismissed but the dismissal shall be without prejudice to any civil
action which the offended party may file against the estate of the deceased

Effect of acquittal or the extinction of the penal action on the civil action or civil
liability
The extinction of the penal action does not carry with it the extinction of the civil liability where:
1. The acquittal is based on reasonable doubt as only preponderance of evidence is
required
2. The court declares that the liability of the accused is only civil
3. The civil liability of the accused does not arise from or is not based upon the crime of
which the accused is acquitted
Civil action based on delict may be deemed extinguished if:
1. The prosecution absolutely failed to prove the guilt of the accused
2. The act or omission from which the civil liability may arise did not exists
3. Where the accused did not commit the acts or omission imputed to him.

Two kinds of acquittal

1. An acquittal on the ground that the accused is not the author of the act or
omission complained of.
This kind of acquittal closes the door to civil liability because a person who is not the
author of any act or omission cannot and can never be held liable for the same.
2. One based on reasonable doubt on the guilt of the accused
In this kind of acquittal, even if the guilt of the accused has not been established
beyond reasonable doubt, he is not exempt from civil liability because such liability may
be proved by mere preponderance of evidence.

Rule in independent civil actions

- In instances where independent civil action exists, the acquittal of the accused, on
whatever ground, is irrelevant.
- In instances where an independent civil action is permitted, the result of the criminal
action, whether of acquittal or conviction, is entirely irrelevant to the civil action.

Effect of payment of the civil liability

Payment of civil liability does not extinguish criminal liability
Subsidiary liability of employer
Adequate evidence must exist:
1. They are indeed the employers of the convicted employees
2. They are engaged in some kind of industry
3. The crime was committed by the employees in the discharge of their duties
4. The execution against the latter has not been satisfied due to insolvency

Concept of prejudicial question

When a civil action and a criminal action are both pending, and there exists, in the former case,
an issue which must be preemptively resolved before the latter case may proceed because the
resolution of the civil action is determinative of the guilt or innocence of the accused in criminal
case.

Reason
To avoid two conflicting decisions in the civil and criminal case

Requisites:
For a civil action to be considered prejudicial to criminal case:
1. The civil case involves facts immediately related to those upon which the criminal
prosecution would be based
2. In the resolution of the issue or issues raised in the civil action, the guilt or innocence of
the accused would necessarily be determined
3. Jurisdiction to try said question must be lodged in another tribunal

Sec. 7, Rule 111 – one civil and the other criminal

** The principle of a prejudicial question will not arise if the criminal case was instituted
prior to the civil case
** Civil action must have been instituted ahead of the criminal action is confirmed by the
same rule which makes reference to a subsequent criminal action.
** The issue that leads to a prejudicial question is one that arises in the civil case and not
in criminal case.
** It is the issue in the civil case which needs to be resolved first before it is determined
whether or not the criminal case should proceed or whether or not there should be, in
criminal case, a judgment of acquittal or conviction.
** If 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, the civil
case does not involve prejudicial question.
Effect of the existence of a prejudicial question; suspension of the criminal action
1. A petition for the suspension of the criminal action based upon the pendency of a
prejudicial question in a civil action may be filed.
2. The general rule provides that if the civil action was commenced before the institution of
the criminal action, the civil action shall be suspended in whatever stage it may be
found before judgment on the merits, once the criminal action is commenced.

Suspension does not include dismissal

Where to file petition for suspension

It is sufficient that the case be in the stage of preliminary investigation as long as there has
already been a previously instituted civil case.