CRIMINAL PROCEDURE REMEDIAL LAWU.P. LAW BOC. CRIMINAL PROCEDURE REMEDIAL LAW I. CRIMINAL PROCEDURE ee St) 1. Jui Accused Dis' diction over Subject Matter and Jurisdiction over Person of the hed Reng Pree rc Aur ur pees cote) eae un ated PEER The authority of the court The place of the commission of the to over the person | Gfense charged hear and decide the | charged DI ines venue of case}, Siinply put ke the action, and is an means jurisdiction essential clement of over the offense jurisdiction (Alfelor v. charged Intia G.R. No. L-27590 (1976)] Exception: Those crimes mentioned in An. 2, RPC are not covered by this rule ca Conferred by law; | Acquired through: The offense should Eeiermmm cannot be conferred | 1. Arrest of the | have been committed by the parties accused or any one of 2. Consent of the | essential ingredients Jurisdiction cannot accused took place within the be fixed by the will of | 3. Waiver of objections | territorial jurisdiction of the patties; nor as when the | said court. [Uy v. CA, acquired through accused enters his | GR. No. 119000 waiver, or enlarged plea (1997)] One cannot be by the parties’ | 4. Voluntary held to answer for any omission; nor submission of the | crime he committed conferred by accused to the | except in the acquiescence of the jurisdiction of the | jurisdiction where he court, or by mere court. committed said crime administrative policy [People v. Mercado, Page 354 of 525,U.P. LAW BOC. pr Cer Dea has Pea Pera re Cee Peed CRIMI of any trial court [Cudia v. Court of Appeals, G.R. No. 110315 (1998)] INAL PROCEDURE Note: there is no voluntary appearance in case of special appearance to challenge the jurisdiction of the court [Garcia v Sandiganbayan, G.R. Nos. 170122 & 171381 (2009)) REMEDIAL LAW GR. No, L-2760 (1950)] Jurisdiction is determined by the allegations in the complaint or information [Avecilla v. People, G.R. No. 46370 (1992)]. NA Jurisdiction is determined by the allegations in the complaint or information [Avecillav. People, GR. No. 46370 (1992)] Jurisdiction is determined by the procedural law in force at the time of the institution of the action; not the law in force at the time of the commission of the crime [People v. Lagon, G.R. No. 45815 (1990)] In determining whether the court has jurisdiction over an offense, the penalty to be considered is that which may, under law, be imposed for the offense and not NIA N/A Page 355 of 525U.P. LAW BOC. the actual penalty imposed after trial CRIMINAL PROCEDURE REMEDIAL LAW eed Cannot be waived by | Right to object may be | Cannot be waived by objection [Muerte waived (eg,, failure of | the parties the accused to object in time) Principle of +~— adherence -—of Exception: When subsequent legislation: jurisdiction/continuing jurisdiction General rule: Once a court acquires jurisdiction over a controversy, it shall continue to exercise it until final determination of the case [Mendoza v. Comelec, G.R. No. 188308 (2008)}, Itis not affected by: 1. A valid amendment of the information [People v. Chupeco, G.R. No. L-19568 (1964)]; oF 2. Subsequent legislation vesting jurisdiction in another tribunal 1. Expressly provides, or 2. Is clearly intended to apply to actions pending before its enactment [Palana v. People, G. R. No. 149995 (2007)] Dismissal of the case on jurisdictional grounds General rule: An objection on the ground that the court lacks jurisdiction over the subject matter may be raised or considered motu proprio by the court at any stage of the proceedings or appeal Exception: Estoppel by reasons of public policy, as when the party has initially invoked such jurisdiction [Tam v. Sibonghanoy, G.R mo. L-21450 (1968)] Page 356 of 525U.P. LAW BOC. 2. Requisites for Exercise of Criminal Jurisdic The authority to hear and try a particular offense and impose the punishment for it [People v. Mariano, G.R. No. L-40527 (1976)] Requisites for a court to exercise jurisdiction: a. Subject matter jurisdiction: the offense is one it is authorized by law to take cognizance of b. Territorial jurisdiction: the offense has been committed within its territorial jurisdiction c. Jurisdiction over the person: the person charged must have been brought before it for trial, forcibly by arrest or upon his voluntary submission to the court. All three requisites must concur before a court can acquire jurisdiction [Antiporda _v. Garchitorena, G.R. No. 133289 (1999), citing Arula v. Espino, G.R. No. L-28949 (1969)]. of Criminal a. MTC/MeTC/MCTC Jurisdiction Except those cases falling within the jurisdiction of higher courts, these courts shall have exclusive original jurisdiction over: 1. Violations of city or municipal ordinances committed within their territorial jurisdiction [Sec. 32, B.P. 129, as amended] 2. Offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of fine, and regardless of other imposable or accessory penalties, including civil lability irrespective of its kind, nature, or value [Sec. 32, B.P. 129] CRIMINAL PROCEDURE REMEDIAL LAW 3. Offenses involving damage to property through criminal negligence [Sec. 32, B.P. 129) 4, Summary procedure in certain cases a. Violations of traffic laws, rules and regulations b. Violations of the rental law ¢. BP. 22 cases 4. Violation of municipal and city ordinances ©. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding P1,000, or both 1. Offenses involving damage to property through criminal negligence where the imposable penalty does not exceed P10,000 [Sec. 7(b), 1991 Rules on Summary Procedure] 5. Special jurisdiction to decide on applications for bail in the absence of all RTC judges in a province or city (Sec. 35, BP. 129, as amended by R.A. 7697] Concurrent original jurisdiction with RTCs over violations of R.A. 7610 (Child Abuse Act) in cities or provinces where there are no family cours yet, depending on the penalties prescribed for the offense charged [Sec. 16-A, R.A. 7610, as amended by R.A. 9231] ‘SC Admin Circ. No. 09-94 (1994) © The provisions of See. 32(2) of B.P. 129, 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. © In cases where the law only imposes the fine, and such fine exceeds P4,000, the RTC shall have jurisdiction, including offenses committed by public officers and employees in relation to their office Page 357 of 525U.P. LAW BOC. b. RTC Jur n Exclusive original jurisdiction in criminal cases not the exclusive jurisdiction of any court, tribunal or body, EXCEPT those under the exclusive and concurrent jurisdiction of the Sandiganbayan (Sec. 20, B.P. 129] Appellate jurisdiction over cases decided by first-level courts within its territorial jurisdiction [Sec. 22, B.P. 129, as amended by R.A. 7691] Jurisdiction over criminal cases under specific laws such as: 1. Criminal and civil aspects of written defamation [Art. 360, RPC] 2. Criminal cases commenced by information against a child upon determination of probable cause by the prosecutor [Sec. 33, R.A. 9344, as amended by R.A. 10630] where there are no family courts [Sec. 4(g), RA. 9344] 3. Violence against women and children, in the absence of an RTC designated as a Family Court where the offense was committed [R.A. 9262 (Anti-VAWC Act)] 4, Designated special courts over cases in violation of R.A. 9165 (Dangerous Drugs Act) (Sec. 90, RA. 9165) 5. Violations of intellectual property rights [SC Admin-Cite. No. 03-03 (2003)] 6. Money laundering cases [Sec. 5, R.A. 9160] EXCEPT those committed by public officers and private persons in conspiracy with such public officers, as jurisdiction is with the Sandiganbayan For offenses cognizable by the Sandiganbayan where the information a) does not allege any damage to the government or any bribery; or b) the alleged damage to the government or the bribery arising from the or closely related transactions are of an amount not exceeding P1 million [Sec. 4, P.D. 1606, as amended by R.A. 10660 CRIMINAL PROCEDURE REMEDIAL LAW c. Sandiganbayan Jurisdiction 1. Violations of R.A. 3019 2. Violations of R.A. 1379 3. Violations of Book 2, Title Vil, Section 2, Chapter 2 of the RPC (Indirect Bribery, Corruption of Public officials, etc.), where one or more of the accused are officials occupying the following positions in the government, at the time of the commission of the offense: a. Officials of the executive branch ‘occupying the positions of regional direction and higher, otherwise classified as Grade “27” and higher of R.A. 6758 (see enumeration in RA 10860) b. Members of Congress and officials thereof classified as “Grade 27" and up under R.A. 6758 (see enumeration in RA 10660) 4, Other offenses, simple or complex, with other crimes committed by the above- mentioned public officials and employees in relation to their office 5. Criminal cases filed pursuant to and in connection with EO 1, 2, 14, 14-A (1986) ‘An offense is deemed committed in relation to his office when: 1. The office is a constituent element of the crime as defined in the statute 2. The offense be intimately connected with the office of the offender 3. The fact that the offense was committed in relation to the office must be alleged in the Information [People v. Magallanes, G.R No. 118013-14 (1995)] Failure to allege that the offense was committed in relation to the office or was necessarily connected with the discharge of their functions vests jurisdiction with the RTC. (People v. Cawaling G.R. No. 117970 (1998) Page 358 of 525U.P. LAW BOC. d. Military Courts General rule: Ordinary courts will have jurisdiction over cases involving members of the armed forces, and other persons subject to military law, regardless of who the co- accused or victims are. Exception: When the offense is service: oriented, it will be tried by the court martial; Provided, that the President may, in the interest of justice, order or direct, at any time before arraignment, that any such crimes or offenses be tried by the proper civil courts. [Sec. 1, R.A. 7055] 4. When = Injunc! Issued To Restrain Ci Prosecution n May Be inal General rule: Criminal prosecution may NOT be blocked by court prohibition or injunction (Brocka v. Enrile, G.R. No. 69863-65 (1990)] for the reason that public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society [Domingo v. Sandiganbayan, G.R. No. 109376 (2000)] Exceptions 1. To afford adequate protection to the constitutional rights of the accused 2. For the orderly administration of justice To avoid oppression or multiplicity of suits 4. Where there is a prejudicial question which is sub judice 5. Where acts of the officer are without or in excess of authority 6. When the prosecution is under an invalid law, ordinance or regulation 7. When double jeopardy is clearly apparent 8. When the court has no jurisdiction over the offense 9. When itis a case of persecution rather than prosecution CRIMINAL PROCEDURE REMEDIAL LAW 10. Where the charges are manifestly false and motivated by vengeance 11. Where there is no prima facie case and a motion to quash on that ground has been denied 12. Where preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of petitioners [Brocka v. Enrile, G.R. No. 69863-65 (1990)] 13. To prevent the use of the strong arm of the law in an oppressive and vindictive manner [Hernandez v. Albano, G.R. No. L-19272 (1967)] B. PROSECUTION OF fellas) 1. Criminal Instituted Actions; How The institution of a criminal action generally depends upon whether the offense is one which requires a preliminary investigation (Pl) or not CS PI evietokee Those where the| Offenses where the penalty prescribed | penalty prescribed by law is at least 4 by law is less than years, 2 months| 4 years, 2 months, and 1 day [Sec. 1,] and 1 day Rule 112, as amended by AM. No. 05-8-26-SC] Ceo) Page 359 of 525,U.P. LAW BOC. By filing the] a. Filed directly complaint with the | with the MTCs and appropriate officer | MCTCs; or for PI [Sec. 1(a),| b. Filed with the Rule 170) office of the prosecutor [Sec 4(b), Rule 110) c. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters [Sec. 1(b), Rule 170] Etfect of institution The institution of a criminal action shall interrupt the running of the prescription period of the offense charged UNLESS otherwise provided in special laws [Sec. 1, Rule 110] Falling under the authority of the Jupon While the dispute is under mediation, conciliation or arbitration, the prescriptive periods shall be interrupted upon the filing of the complaint with the Punong Barangay [Sec. 410, LGC] Limitation: Interruption shall not exceed 60 days from filing of complaint with the punong barangay [Sec. 410(c), LGC] The prescriptive periods shall resume upon receipt by the complainant 1. of the complaint or 2. the certificate of repudiation or 3. of the certification to file action issued by the Lupon or Pangkat Secretary CRIMINAL PROCEDURE REMEDIAL LAW Criminal cases required to be filed with Jupon Offenses punishable by imprisonment not ‘exceeding one (1) year or a fine not exceeding 5,000 [Sec. 408(c), LGC] and where the parties actually reside in the same city or municipality Exceptions, when [PGP-ODP}: 1. There is no Private offended party [Sec. 408(d), LGC] 2. One party is the Government or any subdivision thereof [Sec. 408(a), LGC]; 3. One party is a Public officer or employee, and the dispute relates to the performance of his Official functions [Sec. 408(b), LGC]; 4. Parties actually reside in Different cities or municipalities, EXCEPT where such barangays adjoin each other AND the parties agree to amicable settlement by an appropriate lupon (Sec. 408(f), LGC]; 5. Accused is under Police custody or detention 2. Who May File; Crimes That Cannot be Prosecuted De Officio General rule: Complaint or Information may only be fled or dismissed if there is prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the ‘Ombudsman or his deputy [Sec. 4, Rule 112, as amended by A.M. 05-8-26-SC| Note: Secs. 3 and 4, Rule 110 discuss who should subscribe (not file) the complaint or information. Exceptions: Crimes that cannot be prosecuted de oficio [ACSAAD}: 1. Adultery 2. Concubinage 3. Seduction 4 5 Abduction Acts of Lasciviousness Page 360 of 525U.P. LAW BOC. CRIMINAL PROCEDURE REMEDIAL LAW 6. Defamation ‘outrage in silence rather than go through with the scandal of a public trial [People v. Rationale Yparraguirre, G.R. No. 124391 (2000)] This was imposed out of consideration for the aggrieved party who might prefer to suffer the EMU eat a Uy Dey Conia) Cer uceri) ee) Offended Spouse Offended party, it includes: Offended Party a. Minors, even independently of those in item b, except if incompetent or incapable b. Parents, grandparents, guardian = right to file shall be exclusive of all other persons and shall be exercised successively in this order ©. State Only if the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian Cees ‘a. Must include both guilty The offender must not have been None parties, if both alive pardoned by any of a and bin the b. Must not have consented | preceding column to the offense or pardoned the offenders ©. ¢, Marital relationship must still be subsisting [Pilapil v. Ibay-Somera, G.R. No. 80116, (1989)]. Page 361 of 525U.P. LAW BOC. EVENTS THAT MAY OCCUR AFTER THE FILING OF THE CASE a. Death of offended party Death after filing the complaint would not deprive the court of jurisdiction. The death of the offended party in private crimes is essential solely for the initiation of the action. [People v. Diego, G.R. No. 1626 (1937)] Itis not one of the causes for extinguishment of criminal liability enumerated in Art. 89 of the Revised Penal Code, b. Desistance by offended party Desistance 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 [People v. Amaca, GR. No. 110129 (1998)]. ¢. Pardon by offended party General rule: A pardon by the offended party does not extinguish criminal action but civil liability with regard to the interest of the injured party is extinguished by his express waiver (Art. 29, RPC). If there is more than one accused, the pardon must be extended to alll offenders. Exception: Seduction, abduction and acts of lasciviousness shall not be prosecuted if the offender has been expressly pardoned by the offended party or her parents, grandparents or guardian [Art. 344, RPC] [Sec. 5, Rule 110] When should pardon be done General rule: Pardon must be made before the filing of the criminal complaint in court [People v. Bonaagua, G.R. No. 18897 (2011)] Exception: In rape, marriage between the offender and the offended party would be effective as pardon even when the offender has already commenced serving his sentence CRIMINAL PROCEDURE REMEDIAL LAW [People v. de Guzman, [G.R. No. 185843 (2010)] Pardon distinguished from Consent Cea Pe Refers to past acts | Refers to future acts In order to absolve the accused from liability, it must be ‘extended to both offenders In order to absolve the accused from liability, it is sufficient even if granted only to the offending spouse Given after the Given before the commission of the | commission of the crime but before the | crime institution of the criminal action eC eu May be done Can only be done expressly or expressly impliedly There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense. There is no implied pardon when the wife ‘continues living in the conjugal home after her arrest only in order to take care Page 362 of 525U.P. LAW BOC. of their children [Ligtas v. CA, G.R. No. L-47498 (1987)]] eee oe Must be expressly made cannot consent to the crime Offended party d. Subsequent marriage General rule: In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him, together with the co-principals, accomplices, and accessories after the fact of the above- mentioned crimes [Art. 344, RPC] Exceptions: 1. Marriage was invalid or contracted in bad faith to escape criminal liability [People v. Santiago, G.R. No. L-27972 (1927)] 2. In multiple rape, insofar as the other accused in the other acts of rape respectively committed by them are concemed [People v. Bernardo (38 0.G. 3479)] Remedies if the prosecutor refuses to file an information a. Action for mandamus to compel the prosecutor to charge the accused, in case of grave abuse of discretion b. Lodge a complaint before the court having jurisdiction over the offense; c. Take up the matter with the Department of Justice under the -—_ appropriate administrative procedure; d. Institute an administrative charge against the erring prosecutor; and CRIMINAL PROCEDURE REMEDIAL LAW @. File criminal action against the prosecutor for negligence to prosecute or tolerance of the crime [Art 208, RPC) with the corresponding civil action for damages for failure to render service by a public officer [Art 27, NCC} 3. Criminal Enjoined Actions, When ‘See When Injunction May Be Issued To Restrain Criminal Prosecution, supra. 4. Control of Prosecution General rule: All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. Exception: A private prosecutor may be authorized in writing by the Chiet of the Prosecution office or the Regional State Prosecutor to prosecute the case subject to the approval of the court [Sec. 5, Rule 110, as amended by AM. No. 02-2-07-SC (2002)] Conditions for a private prosecutor to prosecute a criminal action a. The public prosecutor has heavy work schedule or there is no public prosecutor assigned in the province or the city b. The private prosecutor is authorized in writing by the Chief of the Prosecutor office or the Regional State Prosecutor . The authority of the private prosecutor was. approved by the Court d. The private prosecutor shall continue to prosecute the case up to the end of the trial Unless the authority is revoked or otherwise withdrawn. (Seo. 5, Rule 110, AM. No. 02- 2-07-SC (2002)] e. In case of withdrawal or revocation of authority, the same must be approved by the court [DOJ Memorandum Circular No. 25 (2002) Page 363 of 525,U.P. LAW BOC. The prosecution of the civil liability has not been reserved or waived. Rule in Cases filed before MTCs/MCTCs When the prosecutor assigned thereto orto the case is not available, the following may prosecute the case: a. Offended party b. Any peace officer; or ©. Public officer charged with the enforcement of the law violated may prosecute the case. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the RTC [OCA Circular No. 39- 02, stating in toto Sec. 5, Rule 110, as amended by A.M. No. 02-2-07-SC] Cases in the Court of Appeals and the ‘Supreme Court General rule: Only the Solicitor General may bring or defend actions in behalf of the Republic of the Philippines, or represent the People of the Philippines or State in criminal proceedings before the SC and the CA [Carifio v. De Castro, G.R. No. 176084 (2008)] Exceptions: a. When there is denial of due process of law to the prosecution and the State or its agents refuse to act on the case to the Prejudice of the State and the private offended party [Carifo v. De Castro, G.R. No. 176084 (2008)], and b. When the private offended party questions the civil aspect of a decision of a lower court [Heirs of Delgado v. Gonzalez, GR. No. 184337 (2009)] Cases elevated to the Sandiganbayan and the Supreme Court The Office of the Ombudsman, through the Special Prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to EO Nos. 1,2, 14, 14-A as these are under the PCGG [Sec. 4, P.D. 1606, as amended by R.A. 10660] CRIMINAL PROCEDURE REMEDIAL LAW EXTENT OF PROSECUTOR'S CONTROL ira) Matters which are within the control of | matters are already the prosecutor within the control of What case to file | the court and no Whom to longer within the prosecute discretion of the Manner of prosecutor: prosecution 1. Suspension of Right to arraignment [Sec withdraw 1, Rule 116] information Granting a before reinvestigation [Levista v. Alameda, G.R. No. 182677 The following arraignment even without notice and hearing [Crespo (2010)] Vv. Mogul, G.R. Dismissal of the No. L-53373 case [Crespo v. (1987) ‘Mogul, G.R. No. L-53973 (1987)] Downgrading of the offense or dropping of accused before plea [Sec. 14(b), Rule 170) ‘Once a complaint or information is filed in court, any disposition of the case as its dismissal or the conviction or acquittal of the accused rests ‘on the sound discretion of the court. A motion to dismiss should be filed with the court, which has the option to grant or deny it [Crespo v. Mogul, G.R. No. L-53373 (1987)] Page 364 of 525U.P. LAW BOC. Limitations on the court's control a. The prosecution is entitled to notice of hearing; b. The court must suspend arraignment, upon motion by the proper party, when a petition for review of the resolution of the prosecutor is pending at either the DOJ, or the OP; provided, that the period of suspension shall not exceed 60 days counted from the filing of the petition with the reviewing office [Sec. 11(c), Rule 116] ¢. The court must make its own independent evaluation or assessment of the merits of the case (e.g. on a motion to dismiss [should be to quash)). Otherwise, there will be a violation of private complainants right to due process and erroneous exercise of judicial discretion [Martinez v. CA, [G.R. No, L-112387 (1994)] Effect of lack of presence of the fiscal Although the private prosecutor had previously been authorized to present the evidence for the prosecution, the absence of the City Fiscal at the hearing means that the prosecution of the case was NOT under the control of the City Fiscal; thus, it follows that the evidence presented by the private prosecutor at said hearing could not be considered as evidence for the plaintiff [People v. Beriales, GR. No. L-39962 (1976)] Note: OCA Circular No. 39-02 [stating in toto Sec. 5, Rule 110, as amended by A.M. No. 02- 2-07-SC|: However, in MTCs or MCTCs when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the ATC. CRIMINAL PROCEDURE REMEDIAL LAW 5. Sufficiency of Complaint or Information TC) rE Peay ‘Sworn written statement | Accusation in charging a person with | writing, charging a an offense, subscribed | person with an by the offended party, | offense, subscribed any peace officer or —_| by the prosecutor other public officer and filed with the charged with the court Sec. 4, Rule enforcement of the law | 110] violated [Sec. 3, Rule 110) Who subscribes ‘Subscribed by: ‘Subscribed by the a. offended party; prosecutor b. any peace officer; or “Indispensable c. other officer requirement. charged with the enforcement of the law violated, Sie) May be filed in court or | Filed with the court the prosecutor's office [Sec. 1, Rule 119] Coens Must be “sworn,” hence | Requires no oath under oath *Fiscal fling the information is acting under the cath of his office Page 365 of 525,U.P. LAW BOC. [NOTE: The complaint contemplated under Sec. 3 differs from the complaint filed in the prosecutor's office for purposes of preliminary investigation] CONTENT REQUIRED FOR VALIDITY OF ‘AN INFORMATION ‘A complaint or information is sufficient if it states the [ADA-ODP|: a, Name and surname of the Accused; or any appellation or nickname by which he is known or had been known i. When an offense is committed by more than one person, all of them shall be included in the complaint or information [Sec. 6, Rule 110] b. Designation of the offense given by the statute c. Acts or Omissions complained of as constituting the offense d. Name of the Offended party . Approximate Date of the commission of the offense, and 1. Blace where the offense was committed FORM REQUIRED FOR VALIDITY a. Inwriting b. Inthe name of the People of the Philippines ©. Against all persons responsible for the offense involved (Sec. 2, Rule 110] Test for sufficiency of the information Whether the crime is described in intelligible terms with such particularity as to apprise the accused with reasonable certainty of the offense charged [Lazarte v. Sandiganbayan, GR. No. 180122 (2008)] General rule: A defective information cannot support a judgment of conviction Exception: Where the defect in the information was cured by evidence during the trial and no objection appears to have been raised (Abunado v. People, G.R. No. 159218 (2004) CRIMINAL PROCEDURE REMEDIAL LAW Waiver of objection to sufficiency General rule: An accused is deemed to have waived his right to assail sufficiency of the information when he voluntarily entered a plea during arraignment and participated in the trial [Frias v. People, G.R. No. 171437 (2007) Objections relating to the form of the complaint or information cannot be made for the first time ‘on appeal. The accused should move for a bill of particulars or for quashal of information before arraignment, otherwise he is deemed to have waived his objections to such a defect [People v. Teodoro, G.R. No. 172372 (2009)] Exception: When the defect consists in the lack of authority of the prosecutor who filed the information, as such defect would be jurisdictional. [Sec. 9, Rule 1171 Name of the accused The complaint or information must state the name and sumame 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 name shall be inserted in the complaint or information and record. (Sec. 7, Rule 10] John Doe Informations When the information does not sufficiently describe the accused and all are described as “John Does,” the arrest warrants against them are void. [Pangandaman v. Casar, G.R. No. L- 71782 (1988)] Mistake in the name of the accused Mistake does not necessarily amount to a mistake in the identity of the accused Page 366 of 525U.P. LAW BOC. ‘especially when sufficient evidence is adduced to show that the accused is pointed to as one of the perpetrators of the crime. [People v. Amodia, G.R. No. 173791 (2009)] b. Name of the offended party The complaint or information must state the name and sumame 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. Inccrimes 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 person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record . Ifthe offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or may be identified, without need of averring that itis a juridical person. [Sec. 12, Rule 110] ¢. Date of commission General rule: It is not necessary to state the precise date the offense was committed. The offense may be alleged to have been committed on a date as near as possible to the actual date of the commission. Exception: When it is an essential element of the offense (e.g., abortion, bigamy) [Sec. 11, Rule 110] Variance in alleged date from proven in General rule: Allegation in an information of a date different from the one established during trial is not fatal to the prosecution. It is just deemed supplanted by evidence presented CRIMINAL PROCEDURE REMEDIAL LAW during trial or may even be corrected by a formal amendment of the information Exception: Fatal when discrepancy is so great that it induces the perception that the information and the evidence are no longer pertaining to one and the same offense. The defective allegation in the information is struck down for violating the right of the acoused to be informed [People v. Delfin, G.R. No. 201572 (2014)) d. Place of commission General rule: The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court. Exception: If the particular place where it was ‘committed constitutes an essential element of the offense charged or is necessary for its identification [Sec. 10, Rule 110] The designation of the offense given by the statute must be stated in the complaint or information with the averment of acts or ‘omissions constituting the offense and the attendant 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. (Sec. 8, Rule 110) Enough to describe with sufficient particularity Specific acts of accused do not have to be described in detail in the information, as it is enough that the offense be described with sufficient particularity to make sure the accused fully understands what he is being charged with [Guy v. People, G.R. No. 166794- ‘96 (2009) Page 367 of 525U.P. LAW BOC. Allegations in the complaint prevail: «Over the designation of the offense: The facts, acts or omissions alleged and not its title, determine the nature of the crime. The designation is only the prosecutor's conclusion [People v. Magdowa, G.R. No. 48457 (1941)] © Over reference to the section or subsection of the statute punishing the crime: What is controlling and determines the nature and character of the crime charged are the facts alleged in the information. [Batulanon v. People, G.R. No. 139857 (2006)] Conviction of a more serious crime than alleged General rule: Accused may be convicted of a crime more serious than that named in the title if such crime is covered by the facts alleged in the body of the information and its commission is established by evidence [Buhat v. CA, G.R No. 119601 (1996)]] Exception: Cannot be convicted under one act when he is charged with the violation of another if the change: © Involves change in the theory of the trial © Requires a different defense ‘Surprises the accused in any way [US v. Paniilio, G.R. No. L-9876 (1914)] 7. Cause of the Accusation The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated: a. In ordinary and concise language; and b. 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 [Sec. 9, Rule 170) CRIMINAL PROCEDURE REMEDIAL LAW Purpose of requiring allegation of every element 1. To enable the court to pronounce proper judgment 2. To furnish the accused with information as to enable him to make a defense 3. AS aprotection against further prosecution for the same cause Failure to allege: © Any of the elements of the offense: Accused cannot be convicted of the offense charged, even if the missing elements have been proven during trial. Even a plea of guilty will not cure such defect, nor justify conviction. © Qualifying and aggravating circumstances: They are not considered even if proven during trial [Viray v. People, G.R. No, 205180 (2013)] © If aggravating circumstances were not alleged, they can stil be the basis for awarding exemplary damages under Art. 2229 (by way of example or correction for public good) [People v. Dalisay, G.R. No. 188106 (2009)] Note: The failure to allege such cannot be cured by an amendment of the information after the accused entered his plea [People v. Antonio, G.R. No. 142727 (2002)]] Rule on Negative Averments General rule: Whenever an accused claims to be within the statutory exception, it is more logical and convenient that he should aver and prove the fact than that the prosecutor should anticipate such defense, and deny it [Cabrera v. Marcelo, G.R. Nos. 157419-20 (2004)] Exception: Where the exemptions are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption were omitted, the indictment, to be sutficient, must show that the person charged does not Page 368 of 525U.P. LAW BOC. fall within the exemptions [People v. San Juan, G.R. No. L-22944 (1968)] When habitual delinquency is alleged The information must specity a. Date of the commission of the previous crimes b. The date of last conviction or release [People v. Venus, G.R. No. 45141 (1936)] Where complex crime is charged Allegations do not necessarily have to charge ‘a complex crime as defined by law. It is sufficient that the information contains allegations which show that one offense was a necessary means to commit the other [People v. Alagao, G.R. No. L-20721 (1966)] 8. Duplicity of the Offense; Exception Duplicity of the offense is the joinder of two or more separate and distinct offenses in one and the same information or complaint [Loney v. People, G.R. No. 152644 (2006)] General rule: A complaint or information must charge only one offense. Exception: Multiple offenses may be charged when the law prescribes a single punishment for various offenses [Sec. 13, Rule 110} a. Complex crimes - E.g., Acts committed in furtherance of rebellion are crimes in themselves but absorbed in the single crime of rebellion [Enrile v. Salazar, G.R. No. 92163 (1990)] b. Special complex crimes ¢. Continuous crimes (Requisites:) i. Plurality of acts performed separately during a period of time ji. Unity of penal provisions violated ii, Unity of criminal intent [People v. Ledesma, G.R. No, L-41522 (1976)] CRIMINAL PROCEDURE REMEDIAL LAW 4d. Crimes susceptible of being committed in various modes i. The allegations in the information would be regarded as a description of only one offense and information is not rendered defective [Jurado v. Suy Yan, G.R. No. L-20714 (1971)] . Crimes of which another offense is an ingredient f. When a single act violates different statutes [Loney v. People, G.R. No. 152644 (2006)] Remedy to duplicity of offense ‘Accused must move for the quashal of the information before arraignment. (Sec. 1 and 3, Rule 117] Failure to file motion to quash Accused is deemed to have waived the objection and may be convicted of as many offenses are charged and proved. (Sec. 3, Rule 120) 9. Amendment or Substitution of Complaint or Information Amendment ‘Acchange in either the form or substance of the same offense in the Information. Itis not a new charge; it just supersedes the original Information but relates back to the date at Which the original information was filed [Teehankee ur. v. Madayag, G.R. No. 103102 (1992)] Not all defects in an information may be cured by an amendment. An Information which is void ab initio cannot be amended to obviate a ground for quashal. An amendment which operates to vest jurisdiction is impermissible [Leviste v. Alameda G.R. No. 182677 (2010)] Page 369 of 525U.P. LAW BOC. KINDS OF AMENDMENT Bruin) eat coca Definition This consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court [Teehankee v. Madayag, G.R. No. 103102 (1992)] This merely states with additional precision something which is already contained in the original information, and which, therefore adds nothing essential for conviction for the crime charged [Gabionza v. CA, GR. No. 140311 (2001)] De Cun Try Before plea or arrai General rule: Any formal or substantial amendment, made before the accused enters his plea may be done without leave of court (Sec. 14, Rule 110] Exception: If the amendment downgrades the nature of the offense charged in, or excludes any accused from, the. complaintiinformation, it can be made only 1. Upon motion of the prosecutor 2. With notice to the offended party and 3. With leave of court After plea and during trial CRIMINAL PROCEDURE REMEDIAL LAW General rule. ‘Amendment as to substance at this ‘Amendment as to form can only be made under two conditions: stage of the case is With leave of court; | proscribed [People and v. Zulueta, G.R. No. Itdoes not cause | L-4017 (1951)] Prejudice to the since: rights of the It violates the right accused [Sec 14, | tobe informed of Rule 110] the nature and cause of the accusation during his plea [Buhat v. People, G.R. No. 119601 (1996)] It violates the rule con double jeopardy. Exception ‘Amendment may be allowed if itis beneficial to the accused, [People v. Janairo, G.R. No. 429264 (2007)] Test Whether An Amendment Is Formal Whether or not a defense under the original information would be equally available after the amendment and whether or not any evidence the accused might have would be equally applicable in one form as in the other [People v. Degamo, G.R. No. 121211 (2003), citing Teehankee v. Madayag, G.R. No. 103102 (1992)] ‘SUBSTITUTION OF INFORMATION When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such Page 370 of 525U.P. LAW BOC. case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information [Sec. 19, Rule 119, ROC] Limitations of substitution a. Atany time before judgment [Sec. 14, Rule 110) b. The accused cannot be convicted of the offense charged or of any other offense necessarily included therein [Sec. 19, Rule 119) . The accused would not be placed in double jeopardy [Sec. 14, Rule 110] CRIMINAL PROCEDURE ‘Amendment and Substitution Distinguished ura) Pree Thesame — | Involves TYEE attempted, | different frustrated, _| offense necessarily includes or included offense Formal or Substantial substantial | changes changes PERE Amendment | Must be with eter before plea _| leave of court court [ivareay entered Can be effected without leave of court Necessity [EN ‘Another PI is aaa amendment is | entailed and Pram Onlyasto — | accused has form, no need | to plead anew for another PI and retaking of plea REMEDIAL LAW Ca The amended | Involves a ate information — | different refers tothe | offense which same offense | does not charged in the | include those original provided in information or ‘| the original toan offense | charge; which is cannot invoke included in the | double original jeopardy charge; can invoke double jeopardy Double [Eutey Cannot be Perego invoked only it | invoked as eg ‘Substitution PETE information is | presupposes a substantial | that the new amendment | information anditwas | involves a done after the | different plea offense which does not include or is not included in the original charge. [Teehankee Jr. v. Madayag, G.R. No. 103102, (1992)] Variance between Allegation and Proof Mr Coororcicy The accused will be convicted of the offense proved [Sec. 4, Rule 120) When the offense proved is LESS than the offense charged Page 371 of 525U.P. LAW BOC. When the offense proved is GREATER than the offense charged CRIMINAL PROCEDURE The accused will be convicted of the offense charged [Sec. 4, Rule 120) When the offense proved is DIFFERENT and NOT NECESSARILY INCLUDED/INCLUDES the offense charged The case should be dismissed and a new Information should be filed, charging the proper offense. [Sec. 14, Rule 119 10. Venue of Criminal Actions General rule: Venue is criminal cases is jurisdictional, In all criminal prosecutions, the action must be instituted and tried in the courts, of the municipality or territory where a. The offense was committed, or b. Any of its essential ingredients occurred (Sec. 15(a), Rule 110} Exceptions: ry Arey Felonies Proper court where under Art. 2, | criminal action was first RPC filed [Sec. 15, Rule 110] Those In the court of any committed on | municipality or territory a railroad where such train, aircratt, train, aircraft, | or other vehicle passed or any other | during its trip, including public or place of departure and private vehicle | arrival (Sec. 15, Rule inthe court of | 119] its trip REMEDIAL LAW Those In the proper court of the committed on | first port of entry or of board a any municipality or vessel inthe | territory through which course of its | such vessel passed voyage during its voyage, subject to the generally accepted principles of international law (Sec. 15, Rule 110] Piracy, which | May be instituted has no anywhere [People v. Lol- territorial lo and Saraw, G.R. No, limits 17958 (1922)] Libel ifone of the offended parties is a private individual: a. Where the libelous article is printed and first published, or b. Where said individual actually resides Ione of the offended parties is a public official a. Where the official holds office at the time of the commission of the offense 1. Ifthe office is in Manila, then CFI Manila 2. the office is any other city or province, then file where he holds office b. Where the libelous article is printed and first published Page 372 of 525U.P. LAW BOC. CRIMINAL PROCEDURE REMEDIAL LAW Cases filed | Maybe filed in the place under B.P. 22 | where the check was dishonored or issued. In the case of a cross- check, in the place of the depositary or collecting bank [People v. Grospe, G.R. No. L-74053-54, (1988)] legal The victim has the option recruitment | to fle the case in his cases (R.A. | place of residence or in 8042 or the place where the Migrant crime was committed Workers Act) | [Sto Tomas v. Salac G.R. No. 152642 (2012)] Violations of | RTCs have jurisdiction RA 10175 over any violation of the (Cybercrime | provisions of the Act, Prevention | including any violation Act of 2012) | committed by a Filipino national regardless of the place of commission [Sec. 27] In exceptional circumstances to ensure a fair trial and impartial inquiry SC has the power to order a change of venue or place of trial to avoid miscarriage of justice [Sec. 5(4), Art. Vil, Constitution] Transitory or continuing offenses The courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. The first court taking cognizance of the case will exclude the others [People v. Grospe, G.R. No. L- 74053 (1988)] 11. Intervention of Offended Party General rule: An offended party has the right to intervene in the prosecution of a crime, where the civil action for recovery of civil liabilty is instituted in the criminal action [Sec. 16, Rule 110] Note: Regardless of the intervention, the prosecution of the case is stil subject to the control of the prosecutor [Ricarze v. People, G.R. No. 160451 (2007)] Exceptions: ‘a. Where, from the nature of the crime and the law defining and punishing it, no civil liability arises in favor of a private offended party (e.g. treason, rebellion, espionage and contempt) [Rodriguez v. Ponferrada, G.R. No. 155531-34 (2005)] b. Where, from the nature of the offense, the private offended party is entitled to civil indemnity arising therefrom but he has 1. Waived the same or 2. Expressly reserved his right to institute a separate civil action or 3. Already ited such action (Rodriguez v. Ponterrada, G.R. No. 155531-34 (2005)] C. PROSECUTION OF CIVIL ACTION 1. Rule on Implied Institution of Civil Action with Criminal Action General rule: The civil action for the recovery of civil liability arising from the offense charged is deemed instituted with the criminal action. Page 373 of 525U.P. LAW BOC. Exception: When the offended party: a. Waives the civil action b. Reserves the right to institute it separately c. Institutes the civil action prior to the criminal action; [Sec. 1, Rule 111] Civil liability of employer in a criminal action ‘At most, the employer can only be held subsidiatily liable for the delict committed by his employee. (Art, 102, 103, RPC] The employer cannot be held vicariously liable, under Art. 2180, in the criminal action. [Maniago v. CA, G.R. No. 101809 (1996)] 2. When Civil Action May Proceed Independently a. Independent civil actions Independent civil actions those that are separate and distinct from and shall proceed independently of the criminal action. Only a preponderance of evidence shall be required in such cases: [Sec. 3, Rule 117] a. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted [Art 29, NCC] b. Cases involving violation of constitutional rights, defamation, fraud, physical injuries, refusal or failure to render aid or protection by the members of the police or the prosecuting attomey, quasi-delict) (Sec. 3, Rule 171] (Art. 32, 33, 34, 35 and 2176, NCC] Prohibition on double recovery In no case may the offended party recover damages TWICE for the same act or omission charged in the criminal action. (Sec. 3, Rule 111) Note: The judgment of the court must state the civil liability or damages to be recovered by the CRIMINAL PROCEDURE REMEDIAL LAW offended party from the accused, if any, EXCEPT, when enforcement of civil liability by a separate civil action has been reserved or waived, [Sec. 2, Rule 120, ROC] b. Reservation of right to file civil action When reservation shall be made 1. Before the prosecution starts to present its evidence, and 2. Under circumstances affording the offended party a reasonable opportunity to make such reservation. (Sec. 1/2), Rule 111) Note: Failure of the court to adjudge as to civil liability amounts to the reservation of the right toa separate civil action. Effect of reservation of right The prescriptive period of the civil action that was reserved shall be tolled. (Sec. 2, Rule 111] When reservation to file separately not allowed 1. B.P. 22cases [Sec. 1(b), Rule 111] 2. Cases cognizable by the Sandiganbayan [Sec. 4, P.D. 1606, as amended by R.A. 10660) 3. Tax cases [Sec. 7(b)(1), RA 9282) Note: In such cases, only the civil liability arising from the crime charged (cause of action atising from the delict) is deemed instituted [Sarmiento v. CA, G.R. No. 122502 (2002)]] c. Separate action accused d by the No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action (Sec. 1, Rule 111) Page 374 of 525U.P. LAW BOC. 3. When Separate Civil Action Is Suspended criminal action General Rule: If the civil action is instituted before the institution of the criminal action, such pending civil action, in whatever stage it may be found, shall be suspended until final judgment of the criminal action has been rendered. (Sec. 1, Rule 111] Exceptions: a. In cases of independent civil actions b. In cases where the civil action presents a Prejudicial question c. Where the civil action is not one intended to enforce the civil liability arising from the offense Note: Rules preclude a motu proprio suspension by the judge of the civil action; it must be by petition of the defendant [Yap v. Paras, G.R. No. 101236 (1992)]] Consolidation of ci criminal action Before judgment on the merits is rendered in the civil action, such may be consolidated with the criminal action in the court trying the criminal action, upon motion of the offended party. The evidence already adduced in the civil action will be automatically reproduced in the criminal action. [Sec. 2, Rule 117] Note: There can also be no motu proprio consolidation. It must be upon motion of the offended party. When al action filed before 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. [Sec. 1, Rule 111] CRIMINAL PROCEDURE REMEDIAL LAW 4. Effect of Death of the Accused or Convicted On Civil Action Cees The criminal case shall be dismissed without prejudice to any civil action that the offended party may file against the estate of the deceased [Sec. 4, Rule 177] After arraignment and during pendency rey The civil lability is extinguished. But ‘a. An independent civil action enforcing liabilities under Art. 32, 33, 34, 35 and 2176 may be continued against the estate or legal representative of the accused, after proper substitution bb. Ifthe civil action has been reserved and subsequently filed, the civil action shall proceed after substitution of parties. (Sec. 4, Rule 117] Civil and criminal liabilities are extinguished [People v. Alison, G.R. No. L-30612 (1983]] Note: Only civil liability ex delicto is extinguished. A separate civil action may be instituted based on other sources of civil liability [People v. Culas, G.R, No. 211166 (2017)] ea ay The civil liability is not extinguished. Claims shall be filed against the estate of the accused under Rule 86 of the ROC. (Sec. 5, Rule 86] Page 375 of 525U.P. LAW BOC. CRIMINAL PROCEDURE REMEDIAL LAW 5. Prejudicial Question ‘One which arises in a case, where the resolution of which is a logical antecedent of the issue involved therein and the cognizance of which pertains to another tribunal [People v. Consing, G.R. No. 148193 (2003)] There is a prejudicial question only when the matter that has to be priorly decided by another authority is one where the cognizance of which pertains to that authority and should not, under the circumstances, be passed upon by the court trying the criminal case [Rojas v. People, G.R. No. L-22287 (1974)] Itis a question based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused [Ras v, Rasul, G.R. No. L-50411 (1980)] a. The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. b. The resolution of such issue determines whether or not the criminal action may proceed. [Sec. 7, Rule 177] ‘Suspension of the criminal action (Sec. 6, Rule 117] It does not prescribe the dismissal of the criminal action [Yap v. Paras, G.R. No. 101236, (1992)] A petition for suspension of criminal action based upon the pendency of a prejudicial question in a civil action is filed in either: a. Office of the prosecutor (in the PI stage); b. Court conducting the Pl; or . Court where criminal action has been filed for trial, at any time before the prosecution rests. [Sec. 6, Rule 111] or To avoid two conflicting decisions in the civil case and in the criminal case [Sy Thiong Shiou v. Sy Chim, G.R. No. 174168 (2009)] The nullity and forgery of the prior deed of sale is based on the very same facts which would be necessarily determinative of the accused's guilt or innocence in the case for estafa, If the first alleged sale is void or fictitious, then there would have been no double sale and the accused would be declared innocent [Ras v. Rasul, G.R. No. 50411 (1980)] Page 376 of 525U.P. LAW BOC. CRIMINAL PROCEDURE REMEDIAL LAW Prejudicial question where administrative 3. If the amounts are not so alleged but and criminal cases, but no civil case, any of these damages are. involved subsequently awarded by the court, the In San Miguel Properties, inc. v. Perez [G.R filing fees based on the amount No. 166836 (2013)] the SC held that the awarded shall constitute a first lien on administrative case before the HLURB case the judgment. (Sec. 1, Rule 111] raises a prejudicial question that sufficed to b. Estafa ~ offended party shall pay in full the suspend the criminal proceedings since the filing fees based on the amount involved action before the HLURB was “civil in nature” [See Sec. 20, Rule 141] and could not be instituted elsewhere except in the HLURB whose jurisdiction over the action was exclusive and original D. PRELIMINARY INVESTIGATION 6. Rule on Filing Fees in Civil Action Deemed instituted 1. Nature of Right With the Criminal Action General rule ‘An inquiry or proceeding to determine a. Actual Damages - no filing fees required Whether there is sufficient ground to b. Moral, exemplary, nominal, temperate engender a wel-founded belief that a crime damages: has been committed and the respondent is 1. If amount is specified in the probably guilty thereof, and should be held complainvinformation - _ the for trial [Sec. 1, Rule 112, as amended by corresponding filing fees shall be paid AM.No. 05-8-26-SC] by the offended party upon the filing thereof in court. What it is What itis not 2. If amount is not specified in the 1. Merely Nota tral of the case complaintinformation, the filing fees inquisitorial, and | on the merits’ and shall constitute a first lien on the itis often the only | does not place the judgment awarding such damages means of | persons against (Sec. 1, Rule 117] discovering the | whom it is taken in persons who | jeopardy [Paderanga Exceptions: may reasonably | v. Drilon, G.R. No. a. Violations for B.P.22 be charged with | 96080 (1991)] 1. The offended party shall pay in full the a Vorime, to filing fees based on the amount of the enable the check involved, which shall be prosecutor to considered as the actual damages prepare his claimed complaint or 2. Where the complaint or information information also seeks to recover liquidated, moral, 2. This is a nominal, temperate or exemplary substantive right. damages, the offended party shall pay To deny the additional filing fees based on the accused's claim amounts alleged therein to a Pl would be to deprive him of Page 377 of 525