Arraignment or Plea

Amendment before plea

Requirements – change your complaint

Section 6. SUFFICIENCY OF A COMPLAINT (VALID COMPLAINT)

1. COMPLAINT IS SUFFICIENT, IF IT STATES:

1. The name of the accused

2. The designation of the offense by a statute

3. The acts or omission complained of as constituting the offense

4. The name of the offended party

5. The approximate time of the commission of the offense

6. The place where the offense was committed.

Designation of the offense: Murder, Homicide, Rape etc.

Complaint – People of the Philippines before the accused.

Absence of any of the following considered as informal requirements.

Formal to Substantial

After Plea – Guilty or Not Guilty

Amendment required by law is formal amendment

Leave of court – permission to leave the court

After plea – limited to formal amendment. Need to seek approval from the court

Interrupt the prescription of the crime – if no name of the accused

Description of the item in offender party has no name

Allegation prevails over the designation

Civil action, immediately file civil action

Who prove civil action?

Criminal action

Criminal and Civil action – proved by public prosecutor

1.

2.

3.

Fail to file reservation on time? Civil action (claim liability)

Answer: Civil action will still commence – Upon Criminal judgement that’s the start of civil action

Civil and Criminal is distinct

Civil action will be suspended for the meantime if you file criminal action

If judgement from criminal the civil action will now continue

MENTAL

Moral, Exemplary, Nominal, Temperate, Liquidated

BP 22- Bouncing Check Law..

NO CIVIL ACTION CAN BE FILED FOR BOUNCING CHECK LAW