Specialized Crime Investigation 2 Page 1 of 11

Who must prosecute criminal actions

Topic: Who must prosecute criminal actions

Welcome Notes:

WELCOME CRIMINOLOGY STUDENTS

I. INTRODUCTION:

This module introduces the discussion on who must prosecute criminal actions.This includes prosecution
of criminal action, appearance of a private prosecution, power and discretion of the public prosecutor,
sufficiency of complaint or information, name of the accused, place of the commission of the offense, date
of the commission of the offense.

II. OBJECTIVES:

At the end of this module, you should be able to:

1. Identify who must prosecute criminal action.
2. Determine when complaint or information is sufficient.
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Who must prosecute criminal actions

III. PRELIMINARY ACTIVITIES:

Before you proceed to the main lesson, let’s complete this

activity.

Figure: Video Still

Source: https://www.youtube.com/watch?v=O1ar0cckmi4

Read the summary of the video “What is Criminal Prosecution”.

 Criminal prosecution involves bringing someone to trial for the violation of a criminal law. Criminal law is
a branch of law which defines crimes, treats of their nature and provides for their punishment. These are
legal rules imposed by the law-making body that stipulate forbidden behaviors. The violation of criminal
law can lead to penalties including fines, imprisonment or even death. Some forms of criminal law exist
in every country in the world. When a person violates a criminal law, he does an action that breaks one
of the laws, and his forbidden action makes him acceptable for prosecution. Most countries provides
safeguards for individually accused for violating criminal law. In the philippines for example, Article 3
section 1 provides that no preson shall be deprived of life, liberty, or property without due process of
law, nor shall be denied the equal protection of laws. And also one of the rights of the accused at the
trial states that in all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved. Criminal prosecution is the legal term that refers to subjecting a person to a fair trial. These
means that when someone acussed for a crime, criminal prosecution is the legal action they requires
him to submit to a trial. The judge can then determine regarding his guilt or innocence. In the
philippines, all criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the prosecutor, however there are exemptions. Prosecutors must follow certain
rules when prosecuting criminals to ensure that the trial is fair. They must also proved the all elements
of the crime to win the case.
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Who must prosecute criminal actions

GREAT!!!

You may now proceed to the main lesson.

IV. LESSON PROPER

LET’S BEGIN!

Based on the preliminary activities, what did you notice about it?

________________________________________________________

CONGRATULATIONS!

Who must prosecute criminal actions

 All criminal actions commenced by a complaint or information shall be prosecuted under the direction
and control of the prosecutor.
 However, in Municipal Trial Courts or Municipal Circuit Trial Courts 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
Regional Trial Court.

 The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse.
 The offenses of seduction, abduction and acts of and lasciviousness shall not be prosecuted except
upon complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if
the offender has been expressly pardoned by any of them.
 If the offended party dies or becomes incapacitate before she can file the complaint, and she has no
know parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.
 The offended party, even if a minor, has the right to initiate the prosecution or the offenses of seduction,
abduction, and acts of lasciviousness independently of her parents, grandparents, or guardian, unless
she is incompetent or incapable of doing so.
 Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or
guardian may file the same. The right to file the action granted to parents, grandparents, or guardian
shall be exclusive of all other persons and shall be exercised successively in the order herein provided,
except as stated in the preceding paragraph.
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Who must prosecute criminal actions

 No criminal action for defamation which consists in the imputation of any of the offenses mentioned
above shall be brought except at the instance of and upon complaint filed by the offended party.

Prosecution of Criminal Action

 A criminal action is prosecuted under the direction and control of a public prosecutor. This is the
general rule and it applies to a criminal action commenced either by a complaint or information.

Criminal Offense
 It is an outrage against the sovereignty of the State, it necessarily follows that a representative of the
State shall direct and control the prosecution thereof.

Appearance of a private prosecutor

 The appointment of a private prosecutor is done by the offended party and is the mode by which the
latter intervenes in the prosecution of the offense. This intervention is however only allowed where
the civil action for the recovery of the civil liability is instituted in the criminal action based on Rule
111.

 Hence, the offended party may not intervene in the Prosecution of the offense through private
prosecutor if the offended party:
1. Waives the civil action
2. Reserves the right to institute it separately, or
3. Institute civil action prior to the criminal action

Power and Discretion of the Public Prosecutor

1. Determine whether a prima facie case exists
2. Decide which of the conflicting testimonies should be believed free from interference or control of the
offended party
3. Subject only to the right against self-incrimination, determine which witnesses to present in court

 The public prosecutor the actual prosecution of the criminal case to a private prosecutor in the
exercise of discretion, but he may at anytime, take over the actual conduct of the trial.

Sufficiency of complaint or information

 A complaint or information is sufficient if it states:
a. the name of the accused;
b. the designation of the offense given by the statute;
c. the acts or omissions complained of as constituting the offense;
d. the name of the offended party;
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Who must prosecute criminal actions

e. the approximate date of the commission of the offense; and

f. the place where the offense was committed.

 When an offense is committed by more than one person, all of them shall be included in the
complaint or information.

Name of the accused

 The complaint or information must state the name and surname 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 some other manner to the
court, such true name shall be inserted in the complaint or information and record

Place of commission of the offense

 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, unless the particular place where it was committed constitutes an essential element of the
offense charged or is necessary for its identification.

Date of commission of the offense

 It is not necessary to state in the complaint or information the precise date the offense was committed
except when it is a material ingredient of the offense.
 The offense may be alleged to have been committed on a date as near as possible to the actual date
of its commission.

General rule:
 it is not necessary to state the precise date the offense was committed because the offense may be
allege to have been committed on a date as near as possible to the actual date of its commission

Exception :
 It is necessary to state the precise date of the offense was committed when it is a material ingredient
of the offense

We had just finished the discussion on who must prosecute

criminal actions. Let’s move on to the next higher level of activity/ies or
exercise/s that demonstrate your potential skills/knowledge of what you
have learned.
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Who must prosecute criminal actions

V. ANALYSIS, APPLICATION AND EXPLORATION

ACTIVITY 2

Direction: Put a on the box if it is included on sufficiency of complaint and information.

the name of the accused

the approximate date of birth of the accused

the designation of the offense given by the statute

the place where offense was not committed

the acts or omissions complained of as constituting the offense

the approximate date of birth of the offended party

the name of the by stander

the name of the offended party

the approximate date of the commission of the offense

the place where the offense was committed

Finally, let us summarize the lesson of what we had discussed today.

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VI. GENERALIZATION

Direction: Choose one from the following and explain in at least 2-3 sentences why it is necessary to include
on the complaint and information. See rubric on page no. 10 for reference.

A. the name of the accused;

B. the designation of the offense given by the statute;
C. the acts or omissions complained of as constituting the offense;
D. the name of the offended party;
E. the approximate date of the commission of the offense; and
F. the place where the offense was committed.

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KUDOS!

You have come to an end of Module 15.

OOPS! Don’t forget that you have still an assignment to do.

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Who must prosecute criminal actions

VII. ASSIGNMENT

Name: _____________________________________ Course & Section: __________________

Direction/Instruction: Write an essay on the following in 1-2 sentences using your own words.
Rubrics is attached for reference.

1. Who must prosecute criminal actions?

_____________________________ All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the prosecutor.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
________________________________________________________

2. What should be state in the complaint or information when the name of the accused cannot be
ascertained?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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Who must prosecute criminal actions

Rubric:
Level Description Score
 Well written and very organized.
 Excellent grammar mechanics.
 Clear and concise statements.
OUTSTANDING 9-10
 Excellent effort and presentation with detail.
 Demonstrates a thorough understanding of the
topic.
 Writes fairly clear.
 Good grammar mechanics.
GOOD 7-8
 Good presentation and organization.
 Sufficient effort and detail
 Minimal effort.
 Good grammar mechanics.
FAIR 6
 Fair presentation.
 Few supporting details.
 Somewhat unclear.
 Shows little effort.
POOR  Poor grammar mechanics. 5
 Confusing and choppy, incomplete sentences.
 No organization of thoughts.

(This assignment will be submitted on ________________.)

After your long journey of reading and accomplishing the

module, let us now challenge your mind by answering the evaluation
part of this module.
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Who must prosecute criminal actions

VIII. EVALUATION

Name: _____________________________________ Course & Section: __________________

Direction/Instruction: Choose the letter of the correct answer describe or ask on each question.

1. The crimes of adultery and concubinage shall not be prosecuted upon the complaint filed by whom?
A. Police C. Offended spouse
B. Offender D. Relatives
2. If the prosecutor was assigned to Municipal Trial Courts or Municipal Circuit Trial Courts, or the case is
not available. Who may prosecute the case?
A. Offended Party
B. Peace officer
C. Public officer charged with the enforcement of the law violated
D. All answers are correct
3. The ________________, even if a minor, has the right to initiate the prosecution of the offenses of
seduction, abduction, and acts of lasciviousness independently of her parents grandparents, or
guardian unless she is incompetent or not capable of doing so.
A. Offended party C. Witness
B. Accused D. Relatives
4. Which of the following is included on the power and discretion of the public prosecutor?
A. Determine whether a prima facie case exists
B. Waives the civil action
C. Reserve the right to constitute in separately
D. Institute civil action prior to the criminal action
5. If the offended party is a minor and fails to file a complaint, who may file?
A. Parents C. Grandparents
B. Guardian D. All answers are correct
6. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no
known parents, grandparents, or guardian, who may initiate the criminal action?
A. Neighborhood C. All answers are correct
B. State D. No correct answer
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Who must prosecute criminal actions

7. All except one, are crimes which shall not be prosecuted except upon a complaint filed by the offended
party. What is it?
A. Seduction C. Adultery
B. Acts of lasciviousness D. Abduction
8. The following are the power and discretion of the public prosecutor, EXCEPT _________.
A. Determine whether a prima facie case exists
B. Waives the civil action
C. Decide which the conflicting testimonies should be believed free from interference or control of
the offended part
D. Subject only to right against self -incrimination, determine which witnesses to present in court
9. It is an outrage against the sovereignty of the state, it necessarily follows that a representative of the
state shall direct and control the prosecution there of.
A. Criminal Action C. Offense
B. Criminal Offense D. Action
10. Which of the following may file the complaint when the offender is a minor and fails to file the same?
A. Guardian C. Grandparents
B. Parents D. All answers are correct

(This evaluation will be submitted on ________________.)

CONGRATULATIONS on reaching the end of this module!

You may now proceed to the next module.

Don’t forget to submit all the exercises, activities and portfolio

on ___________________.

KEEP UP THE GOOD WORK.

Well Done!!!