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Criminal Procedure Notes 1
Criminal Procedure Notes 1
Criminal Jurisdiction is the authority to hear and try 1. Jurisdiction over the subject matter - The
a particular offense and impose the punishment for it offense, by virtue of the imposable penalty or its
nature, is one which the court is by law
Venue refers to the particular country or geographical authorized to take cognizance of.
area in which a court with jurisdiction may hear and - jurisdiction is determined by the law as of the
determine a case time when the action is filed, NOT when the
offense was committed EXCEPT where
jurisdiction is dependent on the nature of the
Jurisdiction Venue
position of the accused at the time of the
Substantive Procedural commission of the offense
The authority or power The place of trial – an
to hear and decide element of jurisdiction HYPOTHETICAL QUESTION/S:
cases in criminal offenses.
May not be stipulated May be stipulated by Floyd was charged with an offense whose
by the parties even in the parties in a civil penalty was below 6 years. The case was filed
civil cases. case. with the MTC. After trial, the MTC convicted him
of an offense with a higher penalty. Floyd
questioned the conviction, claiming the MTC had
CRIMINAL PROCEDURE COMMITTEE. Introduction and Rule 110 DAVID, Jose Angelo. Rule 111 PASICOLAN, Sheila. Rule 112 and 113 REY,
Floyd Ericson. Rule 114 ALIGA, Gwyneth and ARIATE, Eunice Carmela
2S 2011-2012 with Anjo David’s notes Criminal Procedure 2
no jurisdiction over the offense since the penalty appear in court for that purpose only, and if he raises
prescribed for it was higher than 6 years. Is Floyd other questions, he waives the objection.
correct?
Who has jurisdiction over a complex crime?
Suggested Answer: Floyd is wrong. Jurisdiction - The court which has jurisdiction to impose the
over the subject matter is determined by the maximum and more serious penalty on an offense
authority of the court to impose the penalty forming part of the complex crime.
imposable given the allegation in the information.
It is NOT determined by the penalty to be meted Effect of Amendment/Repeal of Laws to
out to the offender after trial. Subsisting Criminal Actions
2. Jurisdiction over the territory - The offense GENERAL RULE: The court’s jurisdiction to try a
must have been committed or any of its essential criminal action is to be determined by the law at the
ingredients took place within the territorial time of the institution of the action. Succeeding
jurisdiction of the court. It cannot be waived and legislation placing jurisdiction in another tribunal will
where the place of the commission was not not affect jurisdiction obtained by a court.
specifically charged, the place may be shown by
evidence. EXCEPTION: Where the succeeding statute
- criminal action should be filed in the place expressly provides, or is construed that it is intended
where the crime was committed, EXCEPT those to operate to actions pending before its enactment, in
provided for in Article 2 of the RPC which the case the court where the criminal action is
pending is ousted of jurisdiction and the pending
3. Jurisdiction over the person of the accused - action will have to be transferred to the other tribunal,
The person charged with the offense must have which will continue the proceeding.
been brought to its presence for trial, forcibly by
warrant of arrest or upon his voluntary How to Determine Jurisdiction
submission to the court.
Jurisdiction is determined by the allegations of the
Waiver; jurisdiction over the person of the complaint or information.
accused
Unlike jurisdiction over the offense which is conferred HOWEVER, it does not mean that the allegations in
by law or the Constitution, jurisdiction over the person the complaint or information confer jurisdiction –
of the accused may be waived. For example, any because it is only the LAW that confers jurisdiction.
objection to the procedure leading to the arrest must
be opportunely raised before the accused enters his When to Question Jurisdiction of the Court
plea, or it is deemed waived.
GENERAL RULE: The question of jurisdiction may
HYPOTHETICAL QUESTION/S: be raised at any stage of the proceedings.
X was charged in court with an offense. X filed a EXCEPTION: The question may not be raised for the
motion to quash on the ground that the court had no first time on appeal, where there has been estoppel
jurisdiction over his person because the arrest was and laches on the party who raises the question.
illegal and because the information was incomplete.
Can X invoke lack of jurisdiction of the court over his C. Criminal Jurisdiction of Courts
person?
1. Municipal Trial Courts
Suggested Answer: No, X cannot invoke the lack of
jurisdiction of the court. One who desires to object to a. Exclusive original jurisdiction over all offenses
the jurisdiction of the court over his person must punishable with imprisonment not exceeding 6 years
2S 2011-2012 with Anjo David’s notes Criminal Procedure 3
irrespective of the amount of fine, and regardless of Suggested Answer: No, damage to property through
other imposable accessory or other penalties, criminal negligence falls within the jurisdiction of the
including the civil liability arising from such offenses MTC regardless of the amount.
or predicated thereon, irrespective of kind, nature,
value, or amount thereof. Provided, however, That in (b) What if Sheila also hit a child while the child was
offenses involving damage to property through crossing the street, and the child died? Where should
criminal negligence they shall have exclusive original a case for reckless imprudence resulting in homicide
jurisdiction thereof. (Sec. 32, BP 129) and damage to property be filed?
b. Exclusive original jurisdiction over all violations of Suggested Answer: Still MTC. Had it been intentional,
city/municipal ordinances committed within their homicide would have constituted a grave felony and,
respective territorial jurisdiction. (Sec. 32, BP 129) hence the maximum penalty imposable under the
RPC for reckless imprudence in such a case is
c. Cases classified under the Revised Rules on prision correccional in its medium period. Prision
Summary Procedure (SC Resolution, October correccional in its medium period does not exceed six
15, 1991): years. Hence, the MTC has jurisdiction over the case.
i. Violations of traffic laws/rules/regulations;
ii. Violations of rental law; 2. Regional Trial Courts
iii. Violations of municipal or city ordinances;
iv. Violations of BP 22, otherwise known as a. RTCs shall exercise exclusive original jurisdiction
Bouncing Checks Law (A.M. No. 00-11-01- in all criminal cases not within the exclusive
SC, effective April 15, 2003); jurisdiction of any court/tribunal/body. (Sec. 20, BP
v. Cases where the penalty prescribed by law 129)
for the offense charged is imprisonment not,
exceeding 6 months, or a fine not exceeding Exception: Those now falling under the exclusive and
P1K, or both, irrespective of other imposable concurrent jurisdiction of the Sandiganbayan, which
penalties, accessory or otherwise, or of the shall hereafter be exclusively taken cognizance of by
civil liability arising therefrom: Provided, the latter. (Sec. 20, BP 129)
however, that in offenses involving damage
to property through criminal negligence, this b. Offenses the imposable penalty for which exceeds
Rule shall govern where the imposable fine 6 years imprisonment, irrespective of the amount of
does not exceed P10K. fine, and regardless of other imposable accessory or
other penalties, including the civil liability arising from
d. If fine only: The amount does NOT exceed P4,000. such offenses or predicated thereon, irrespective of
kind, nature, value or amount thereof
HYPOTHETICAL QUESTION/S:
c. Violations of the following laws although penalty
Sheila was driving beyond the 20kph limit near a does not exceed 6 yrs. imprisonment:
school zone. As she was driving, she hit the i. Violations of the Intellectual Property Code
signboard of the school. The cost of the signboard is ii. Libel under the Revised Penal Code
Php 5,000.00. A case for reckless imprudence iii. Violations of the Dangerous Drugs Act
resulting in damage to property was filed against her iv. Violation of the Election Code
in the RTC because the amount of fine exceeds Php v. Violations of the DAR Law (RTC constitutes
4,000.00 (P5,000 for the signboard x 3 = P15,000 for itself as a Special Agrarian Court)
the maximum imposable amount of fine).
d. As a Family Court: Criminal cases where:
(a) Will the case prosper? i. One or more of the accused is/are below
eighteen (18) years of age but not less than
nine (9) years of age; or
2S 2011-2012 with Anjo David’s notes Criminal Procedure 4
ii. Where one of the victims is a minor at the committed in relation to one’s office, so you don’t
time of the commission of the offense; have to determine further if say, violation of RA 3019
iii. Cases against minors cognizable under the was committed in relation to public office because it
Dangerous Drug Act; always is!
iv. Violations of RA 7610, otherwise known as
the “Special Protection of Children Against Thus, all you have to do is to memorize the persons
Child Abuse, Exploitation and Discrimination listed in RA 8249 and the crimes enumerated therein.
Act” as amended by RA 7658; and
v. Cases of domestic violence against women a. Original Jurisdiction
and children.
FIRST STEP:
e. Appellate Jurisdiction: All cases decided by the The offender is a/an:
MTC’s in their respective territorial jurisdiction.
a. Executive
HYPOTHETICAL QUESTION/S: Officials of the executive branch, occupying salary
grade 27 and higher, specifically including:
Apaya was convicted of less serious physical injuries i. Provincial governors, vice governors, members
for the 6th time within a period of 10 years. The of the sangguniang panlalawigan and
penalty for less serious physical injuries is arresto provincial treasurers, assessors, engineers and
mayor. However, he was adjudged as a habitual other provincial department heads.
delinquent, and additional penalties were imposed ii. City mayors, vice-mayors, members of the
against him. In which court should the case be filed? sangguniang panlungsod, city treasurers,
assessors, engineers and other city department
Suggested Answer: MTC, never mind the additional heads.
penalty or civil liabilities. iii. Officials of the diplomatic service occupying the
position of consul and higher.
3. Sandiganbayan iv. Philippine army and air force colonels, naval
captains, and all officers of higher rank.
ANJO: The jurisdiction of Sandiganbayan is easy to v. Officers of the PNP, while occupying the
determine. For simplicity, just remember that there is position of provincial director and those holding
only one class of cases cognizable under the the rank of senior superintendent or higher.
Sandiganbayan – public officer with SG 27 or higher vi. City and provincial prosecutors and their
or listed in RA 8249 AND he commits a crime in assistants, and officials and prosecutors in the
relation to his office. So, how to determine Office of the Ombudsman and special
jurisdiction? prosecutors.
vii. Presidents/directors/trustees /managers of
First, look at the salary grade of the offender or see if GOCCs, state universities or educational
he is listed as one of the public officers listed in RA institutions/foundations.
8249 (Sandiganbayan Law).
b. Legislative
Second, see if the crime was committed in relation to Members of Congress and officials thereof classified
his office. What is the test? The crime would not have as Grade 27 and up
been committed had it not been for the office. So ano
ang implication nito? Memorize Title VII of the RPC, c. Judiciary
RA 3019, and laws which penalize crimes committed Members of the Judiciary, without prejudice to
by public officers. Constitutional provisions
Chairmen and members of Constitutional For as long as one is salary grade 27, the case is
Commissions, without prejudice to Constitutional cognizable under the Sandiganbayan, regardless of
provisions the degree of participation (Lacson vs. Exec. Sec.)
constitutes a penal violation of the Election Code. A sanggunian. B went to A’s office in that belief, but A
case was filed before him before the Sandiganbayan, raped B instead while they were alone in the office. A
will the case prosper? rape case was filed against the mayor in the SB.
Suggested Answer: No, the case should be filed in (a) Will the case prosper?
the RTC. The election code prevails because there is
a provision in the said law punishing such crimes. Suggested Answer: No. The mayor only took
(Corpuz vs. Tanodbayan) advantage of his position in committing the crime but
the same was not committed in relation to his office.
3. A is the assistant manager in a private bank. He That a public officer took advantage of his position in
was involved in the malversation of public funds by a committing the crime is NOT the same as committing
public officer, B, of the Central Bank who had custody the crime in relation to his office. Hence, the case
of such funds. B was tried in the Sandiganbayan does not fall within the jurisdiction of the
Second Division. During the pendency of such trial, Sandiganbayan. At best, such allegation would only
another information was filed, this time against A in constitute an aggravating circumstance.
the Sandiganbayan, raffled to the Third Division but
afterwards consolidated with the case in the Second (b) Which court has jurisdiction over the case?
Division. However, it turned out that a decision had
already been rendered in the case in the Second Suggested Answer: The maximum imposable penalty
Division. Should the case against A continue in the for rape is reclusion perpetua, hence the crime falls
Sandiganbayan? within the jurisdiction of the RTC.
Suggested Answer: Yes. The law requires that (c) Assuming that the mayor was found guilty by the
private individuals be tried jointly with public officers if RTC and imposed a penalty of reclusion perpetua.
accused before the SB. The only exception is when Where should he file his appeal?
attending circumstances have made it impossible or
impracticable to do so. (Bondoc vs. SB) Suggested Answer: To the Supreme Court via a
Notice of Appeal. However, following Rule 122, Sec.
4. A is a private individual who was assigned by the 3, the case should first be appealed to the Court of
Bureau of Customs as a custodian of a car in a Appeals for intermediate review.
pending civil case. A, instead of holding it for the
Bureau, sold it to another person. A case for 4. Court of Tax Appeals
malversation was filed against him in the SB
considering that under the RPC law on malversation, Exclusive original jurisdiction over all criminal
he is understood to be entrusted with the custody of a offenses arising from violations of the National
property. Internal Revenue Code or Tariff and Customs Code
and other laws administered by the Bureau of Internal
Suggested Answer: No, the SB does not have Revenue or the Bureau of Customs.
jurisdiction over him. The law unequivocally specifies
that the only instance when a private individual may Appellate jurisdiction
be tried in the SB is when he is charged as a co-
principal, accomplice or accessory of a public officer By appeal:
or employee who has been charged with a crime w/in - from the judgments, resolutions or orders of the
its jurisdiction. Regional Trial Courts in tax cases originally decided
by them, in their respective territorial jurisdictions.
5. A is the mayor of Limot City. He found B, the lady
secretary of the sanggunian, to be very attractive. A By petition for review:
told B that they will have a closed-door meeting - for the judgments, resolutions or orders of the
regarding one of the proposed legislations of the Regional Trial Courts in the exercise of their appellate
2S 2011-2012 with Anjo David’s notes Criminal Procedure 7
SB in the exercise of its appellate or original Suggested Answer: All of them should appeal the
jurisdiction does NOT impose DLR, petition for review decision to the Supreme Court, although of different
on certiorari to the SC penalties in order not to split jurisdiction.
WHAT ARE THE REQUIREMENTS OF A change from one statute to the other involves:
COMPLAINT OR INFORMATION? a. A change in the theory of the trial;
b. Requires of the defendant a different
1. Name of the Accused (Rule 110, Sec. 7) defense; or
c. Surprises the accused in any way.
a. If NAME IS KNOWN, the name and surname of
the accused or any appellation or nickname by HYPOTHETICAL QUESTION/S:
which he has been or is known must be stated;
b. If NAME CANNOT BE ASCERTAINED, a a. X was charged with homicide. Can he be
fictitious name with a statement that his true name possibly be convicted of murder?
is unknown;
c. If true name thereafter ascertained, such name Suggested Answer: Yes. If the recitals in the
shall be inserted in the complaint or information or complaint or information of the acts and
record; omissions constituting the offense actually allege
d. While one or more persons, along with specified murder, X can be convicted of murder. This is
and names accused, may be sued as “John Does”, because it is the recital of facts and not the
an information against all accused described as designation of the offense that is controlling.
“John Does” is void, and an arrest warrant against
them is also void. b. X was charged with estafa, but the recital of facts
actually alleges theft. Can X be convicted of
2. Designation of the Offense (Rule 110, Sec.8) theft?
The information or complaint must state or designate Suggested Answer: Yes, because it is the recital,
the following whenever possible: not the designation of the offense that is
1. The designation of the offense given by the controlling.
statute, if there is no designation of the offense;
reference shall be made to the section of the c. X was charged with estafa, and the recital of
statute punishing it; facts allege estafa. Can X be convicted of theft?
2. The statement of the acts or omissions
constituting the offense, in ordinary, concise and Suggested Answer: No. The two crimes have
particular words; elements that are different from each other. To
3. The specific qualifying and aggravating convict X of theft under an information that
circumstances must be stated in ordinary and alleges estafa would violate his right to be
concise language. informed of the nature and cause of the
accusation against him.
Note: The qualifying and aggravating circumstances
cannot be appreciated even if proved UNLESS d. X was charged with rape committed through
alleged in the information (People vs. Perreras). force and intimidation. Can he be convicted of
rape where the woman is deprived of reason or is
Allegations prevail over designation of the otherwise unconscious?
offense in the information
Suggested Answer: No. Where the law
It is not the designation of the offense in the distinguishes between two cases of violation of
complaint or information that is controlling; the facts its provision, the complaint or information must
alleged therein and not its title determine the nature specify under which of the two cases the
of the crime defendant is being charged.
An accused could not be convicted under one act e. X was accused of illegal possession of firearms,
when he is charged with a violation of another if the but the information did not allege that X did not
2S 2011-2012 with Anjo David’s notes Criminal Procedure 10
Suggested Answer: No. The absence of the a. Sometime in the month of September 1989,
prescription is not an essential element of the sufficient? Yes.
offense and is only a matter of defense. It need
not be alleged in the information. b. On or about January 1990, sufficient? Yes.
3. Acts or Omissions the Offense (Rule 110, c. On or about 2000, sufficient? No.
Sec.9)
d. A raped B on June 12, 1998, setting B free
It must be in ordinary or concise language, sufficient from her virginity. In the information, the date
to enable a person of common understanding to alleged was “sometime in the month of June
know what offense is being charged. This must be 1998”. Is the date alleged sufficient? Yes, the
done both for the offense charged and the commission of rape does not have as one of
circumstances involved in its commission. its elements the date of commission of the
crime.
Purpose:
1) To enable a person of common understanding to e. A woman, W, gave birth to a child on May 1,
know what offense is intended to be charged; 1990. X, her neighbor, killed the child the
2) To enable the court to pronounce proper judgment. following day. X was charged with infanticide.
The information alleged that X committed the
The accused cannot be found guilty of an offense felony “on or about May 1990”. Is the
which has not been alleged. information sufficient? No, the date of the
commission of the offense is an element of
Where what is alleged in the information is a complex the crime of infanticide.
crime and the evidence fails to support the charge as
to one of the component offenses, the defendant can 5. Place of the Commission of the Offense (Rule
only be convicted of the offense proven. 110, Sec. 100
4. Date of the Offense (Rule 110, Sec. 11) GENERAL RULE: A complaint or information is
sufficient if it appears from the allegations that the
GENERAL RULE: The precise date is not necessary. offense was committed or some of its essential
ingredients occurred at some place, within the
EXCEPTION: When the date is a material ingredient jurisdiction of the court.
of the offense.
Example: EXCEPTION: When the place of commission is an
a. Infanticide essential element of the offense, the place of
b. Election offenses commission must be alleged with particularity
2S 2011-2012 with Anjo David’s notes Criminal Procedure 11
a. If Preliminary Investigation is required a. For ordinary offenses, falling under the RPC
Filing before the Office of the Prosecutor tolls the
GENERAL RULE: By filing the COMPLAINT prescriptive period
with the proper officer for the purpose of
conducting the requisite preliminary b. For violation of special laws
investigation (Rule 110, Sec 1, a) Filing before the court tolls the prescriptive period
(Act 3326), following the case of Zaldivia vs.
Preliminary investigation is REQUIRED for Reyes, G.R. No. L-102342, July 3, 1992
offenses where the penalty prescribed by law
2S 2011-2012 with Anjo David’s notes Criminal Procedure 12
SEC vs. INTERPORT (LANDMARK CASE) is not complied with within five (5) days from date of
The Court ruled that the nature and purpose of an filing, the care may be dismissed.
investigation conducted by the SEC on violation of
the Revised Securities Act – another special law – is (Sec. 12) Duty of court. —
equivalent to the preliminary investigation conducted
by the DOJ in criminal cases. And thus, effectively (a) If commenced by compliant. — On the basis of
interrupts the prescriptive period. Why so? Because the compliant and the affidavits and other evidence
the filing of a complaint for purposes of preliminary accompanying the same, the court may dismiss the
investigation starts the prosecution process. case outright for being patently without basis or merit
and order the release of the amused if in custody.
PANAGUITON vs. DOJ
BP 22, where the penalty is not less than 30 days or (b) If commenced by information. — When the case
not more than 1 year, because it is a special law, we is commenced by information, or is not dismissed
expect it to fall under Act 3326. This is the question pursuant to the next preceding paragraph, the court
presented before the Court: “Does it toll the shall issue an order which, together with copies of the
prescriptive period once the complaint was filed affidavits and other evidence submitted by the
before the Office of the Prosecutor?” the SC said prosecution, shall require the accused to submit his
YES! And the SC said: “Petitioner’s filing of his counter-affidavit and the affidavits of his witnesses as
complaint-affidavit before the office of the city well as any evidence in his behalf, serving copies
prosecutor in 1995 signified the commencement of thereof on the complainant or prosecutor not later
the proceedings for the prosecution of the accused than ten (10) days from receipt of said order. The
and thus, effectively interrupted the prescriptive prosecution may file reply affidavits within ten (10)
period for the offenses they have been charged under days after receipt of the counter-affidavits of the
BP 22”. If you follow the basic rule Act 3326, it should defense.
be filing in court. But this case said that once it was
filed before the office of the prosecutor, it interrupted WHO CAN INSTITUTE CRIMINAL ACTIONS?
the period.
Persons who can institute a criminal action
Other cases with the same ruling: 1. Offended Party
Inco v. SB – for violations of RA 3019 2. Peace Officer who arrested (if it can be prosecuted
San Rio Company Ltd v. Lim – for violations of the de officio)
Intellectual Property Code 3. Person charged with the enforcement of the law (if
it can be prosecuted de officio)
Rules on Summary Procedure; How to Institute 4. Prosecutor
Criminal Actions
Crimes which cannot be prosecuted de officio
(Sec. 11) How commenced. — The filing of criminal Concubinage, adultery, seduction, abduction, acts of
cases falling within the scope of this Rule shall be lasciviousness CANNOT be prosecuted de officio
either by complaint or by information: Provided, (Art. 344, RPC)
however, that in Metropolitan Manila and in Chartered • It also includes defamation which consists in the
Cities. such cases shall be commenced only by imputation of a crime which cannot be prosecuted de
information, except when the offense cannot be officio.
prosecuted de oficio.
Offended Parties who can file a complaint
The complaint or information shall be accompanied 1. In adultery and concubinage – The offended
by the affidavits of the compliant and of his witnesses spouse. Both guilty parties should be
in such number of copies as there are accused plus included if both are alive.
two (2) copies for the court's files. If this requirement 2. In seduction, abduction and acts of
lasciviousness –
2S 2011-2012 with Anjo David’s notes Criminal Procedure 13
a. If the victim is of legal age and has 1. Adultery/Concubinage – The death of the
no incapacity - The victim alone has offended spouse before the filing of the
exclusive right; parents or complaint for adultery bars further prosecution
grandparents are precluded from - the acquittal or death of one of the accused in
filing the complaint the crime of adultery does not bar the
b. If victim is a minor, or of age but prosecution of the other accused
suffers from incapacity – She has 2. Abduction, Seduction, Acts of Lasciouvsness –
independent right but the parents, a. If offended party was of age when the crime
grandparents or legal guardian may was committed, no more filing
file, even if the offended party does b. If offended party was a minor when the crime
not wish to file the complaint. was committed, parents, grandparents or
c. If the minor is incapacitated, and it legal guardian may still file
was the ascendant who violated the c. If the offended party dies or becomes
child, the STATE can institute the incapacitated before she was able to file the
action for the minor. complaint and she has no known parents,
3. In rape – The minor has the right to initiate grandparents or guardians, the state shall
the complaint independently of parents and initiate the action in her behalf, pursuant to
guardians, unless incompetent/incapable the doctrine of PARENS PATRIAE.
upon grounds other than minority. If minor
initiates the complaint, the Effect of desistance by offended party
father/guardian/grandfather cannot withdraw • It does not bar the People of the Philippines from
complaint. prosecuting the criminal action, but it operates as a
waiver of the right to pursue civil indemnity.
Complaint as condition precedent • An affidavit of desistance cannot justify dismissal of
Prosecutor cannot institute without the complaint of the complaint if made after (and not before) the
the offended party. institution of the criminal action. (Alonte vs.
Savellano, Jr.)
The complaint starts the prosecutory proceeding; but
it does not vest jurisdiction, as jurisdiction is vested in Who may extend pardon; Effect of Pardon by
the court by the law. offended party
The complaint is only a condition precedent for the GENERAL RULE: Pardon by the offended party does
exercise by proper authorities of the power to not extinguish criminal liability. Only civil liability is
prosecute. extinguished by express waiver of the offended party.
b. If offended party was a minor when the concubinage, adultery, seduction, abduction, rape or
crime was committed, the pardon will be acts of lasciviousness, and in slander by deed
effective if given by both parents and the
offended party; if she has no parents or Pardon vs. Consent in Adultery and Concubinage
where the accused is her own father and
her mother is dead, the offended minor, if Pardon Consent
with sufficient discretion, can validly pardon Refers to past acts of
Refers to future acts.
adultery/concubinage.
the accused
In order to absolve the In order to absolve the
accused from liability accused from liability, it is
Note: The pardon refers to pardon BEFORE filing of must be extended to both sufficient even if granted
the criminal complaint in court. Pardon effected after offenders (Art. 344, RPC) only to the offending
the filing of the complaint in court does NOT prohibit spouse.
the continuance of the prosecution of the offense
except in case of marriage between the offender and Effect if crime composed of one which can be
the offended party. prosecuted de officio, and one which cannot be
prosecuted de officio
The pardon in cases of seduction, abduction, and Where one of the components is a private crime and
acts of lasciviousness must be express. the other a public offense, the fiscal may initiate the
proceeding de officio.
Effect of marriage of the offender with the
offended party in private crimes Rationale: Since one of the component offenses is a
It shall extinguish the criminal action or remit the public crime, the latter should prevail, public interest
penalty already imposed. This applies even to co- being always paramount to private interest.
principals, accomplices, and accessories.
NOTE: Refrain from using the term “private crime”,
Effect of marriage of the offender with the there’s no such thing. All crimes are public crimes.
offended party in rape Use the term “crimes which cannot be prosecuted de
It shall extinguish the criminal action or remit the officio” instead.
penalty already imposed.
HYPOTHETICAL QUESTION/S:
Effect of marriage of the offender with the
offended party in multiple rape 1. H and W are married. W has an illicit affair with
Where multiple rape is committed, marriage of the X. W and X were exiting a motel in Cubao when
offended party with one defendant extinguishes the H saw them. H wants to institute a criminal action
latter’s liability and that of his accessories or for adultery against W. He made a complaint
accomplices for a single crime of rape cannot extend charging W with the crime of adultery and filed it
to the other acts of rape. with the prosecutor’s office.
Marital Rape (a) W questioned the filing of the case. Will the
Note: If the offender in rape is the legal husband of case of W prosper?
the offended party the subsequent forgiveness by the
wife shall extinguish the criminal action or the Suggested Answer: Yes. The complaint must
penalty. But the penalty shall not be abated if the include both the spouse and the paramour, if
marriage is void ab initio. alive. In this case, since X, the paramour, is alive,
he should have also been included in the
Effect of marriage on “private libel” complaint. Hence, W may question the same in
In “private libel,” or the libelous imputation to the court.
complainant of the commission of the crimes of
(b) Assuming that when W got home, H had
2S 2011-2012 with Anjo David’s notes Criminal Procedure 15
sexual intercourse with W, despite H knowing Suggested Answer: Yes, because in legal
W’s misdeed. Can he file a case against W? separation, the marriage ties are not severed.
Hence, they are still spouses.
Suggested Answer: Still yes. Having sexual
intercourse with the offending spouse after the 2. L and M are sweethearts. However, L refuses to
commission of adultery/concubinage and with have sex with boyfriend M. M rapes L while she
knowledge of the commission is an act of was sleeping at her dormitory. Subsequently, M
condonation only for purposes of the Family asks for forgiveness from L and the latter forgives
Code in legal separation cases. Hence, there her boyfriend. With the persuasion of her parents,
was no pardon extended to W. (Bugayong vs. L decides to file a rape case against M. Can L
Ginez) validly do so despite the prior pardon she gave
M?
(c) What if after having sexual intercourse with
W, H decides he wants to file against X. Can he Suggested Answer: Yes, criminal liability is not
do so? extinguished when pardon has been given except
for CA-ASAL. However, the civil liability of M is
Suggested Answer: Still yes. Having sexual extinguished.
intercourse with the offending spouse after the
commission of adultery/concubinage and with 3. If the offended party dies (e.g. homicide, murder,
knowledge of the commission is an act of etc.), who can file the complaint/information?
condonation only for purposes of the Family Generally, person against whom or against
Code in legal separation cases. Hence, there whose property the crime was committed is
was no pardon extended to W (Bugayong vs. considered the offended party. It is personal to
Ginez). Also, even assuming that W was validly him/her and is intransmissible to his/her heirs.
pardoned, X should have been pardoned as well Exceptions to the rule are those provided
for the pardon to be effective.
Variance between complaint and information
(d) What if the marriage between H and W was In case of variance between the complaint filed by the
subsequently declared null and void and H wants offended party and the information in crimes against
to file an action against W and X, will the case chastity, the complaint controls (People vs. Oso, G.R.
prosper? No. L-42571, October 10, 1935).
Suggested Answer: No, Rule 110 specifically Information not properly signed
provides that the “offending spouse” must file the An information not properly signed cannot be cured
action. They not being spouses anymore, H can by silence, acquiescence or even by express consent
no longer institute an action. (Villa vs. Ibanez, G.R. No. L-4313, March 20, 1951).
(e) What if H secures legal separation after the WHO MUST PROSECUTE CRIMINAL ACTIONS?
act and H wants to file an action against W and
X, will the case prosper? GENERAL RULE: The action must be prosecuted
under the direction and control of the prosecutor. The
Suggested Answer: Yes, because in legal public prosecutor is a quasi-judicial officer and a
separation, the marriage ties are not severed. representative of a sovereignty whose obligation to
Hence, they are still spouses. govern impartially is as compelling as its obligation to
govern at all
(f) What if H and W were legally separated before
the act, can H file an action for adultery against EXCEPTION: When there is lack of public
W and X? prosecutors or heavy workload, the private
prosecutor may be authorized in writing by the Chief
2S 2011-2012 with Anjo David’s notes Criminal Procedure 16
of the Prosecution Office or the Regional State May a public prosecutor allow a private
Prosecution to prosecute the case subject to the prosecutor to actively handle the conduct of the
court’s approval. The authority will continue until trial?
revoked or withdrawn. Yes, where the civil action arising from the crime is
deemed instituted in the criminal action.
Meaning of Control
The prosecutor can stop the private prosecutor at any Limitations upon the power of the private
point in the conduct of the trial. He can intervene prosecutor
because he is in control of the conduct of the criminal 1. Is not entitled to be served with copies of the
case. pleadings as a matter of right since a notice of the
court to the fiscal is a notice to the prosecutor (Sese
Duties of a Public Prosecutor vs. Montesa). Note however that failure to serve
1. Conduct preliminary investigation for cases filed pleadings and orders upon government counsel
before their office renders the court orders issued upon such such
2. Have control over the prosecution of the case petitions or motions of an accused as void.
3. Conduct Inquest Proceedings if assigned and as
provided for by law 2. Cannot make a stand inconsistent with the state.
Limitations on the power of the public prosecutor 3. Cannot appeal from an order dismissing the case
to exercise discretionary power on motion of the fiscal.
The rule is that the power of the public prosecutor to
exercise discretionary power is NOT absolute (Chua 4. May not continue to take part in the proceeding
vs. Padillo) after the death of the offended party since the latter is
the principal and the private prosecutor, merely an
a. The decision of the provincial or the city agent.
prosecutor, could be questioned before the DOJ via
petition for review DOJ within 15 days from receipt of HYPOTHETICAL QUESTION/S:
resolution or denial of a Motion for Reconsideration
(DOJ Circular 70) a. While Mica was in SM Sta. Mesa, Jed, Mica’s ex-
boyfriend, suddenly came out of nowhere and
b. The CA may review the decision of the DOJ on the shouted invectives at her. Jed said “Pokpok ka!
premise that it was tainted with grave abuse of Puta kang babae ka! Kung kani-kanino ka
discretion amounting to lack or excess of jurisdiction sumasama. Pokpok ka!” Mica wishes to institute
(Rule 65). an action for slander against Jed. Cognizant that
slander does not need preliminary investigation,
c. The decision of the DOJ may be elevated to the where would you file the complaint?
President if the penalty for the offense is Death, Life
Imprisonment or Reclusion Perpetua Suggested Answer: I would file the complaint for
slander against Jed in the Prosecutor’s Office in
Can a private prosecutor proceed with the trial of the City of Manila. Although the crime committed
the case even in the absence of a public does not need preliminary investigation, Rule 110
prosecutor? specifically provides that offenses committed in
No, if the public prosecutor is absent, reset or Manila and other chartered cities must be filed
reschedule. However, the private prosecutor could with the Office of the Prosecutor.
obtain a certification from the Chief of the Prosecution
Office or the Regional State Prosecutor or the b. Joy committed homicide while sojourning in the
Regional Prosecutor to allow the private prosecutor to Municipality of Paniqui in the Province of Tarlac.
proceed even in the absence of a public prosecutor. Where would you institute the action against her?
2S 2011-2012 with Anjo David’s notes Criminal Procedure 17
Suggested Answer: I would file a complaint miscarriage of justice (Section 5[4], Article VIII, 1987
against her with the prosecutor’s office. Constitution);
c. Supposing, in the previous example, Joy g. In cases filed under B.P. 22 – The criminal action
committed only slander by deed. Where could shall be filed in the place where the check was
you institute the action against her? dishonored or issued. In case of crossed-check,
place of depositary or collecting bank.
Suggested Answer: I could file a complaint
against her in the prosecutor’s office, or file a Article 2, Revised Penal Code
complaint directly with the Municipal Court. Except as provided in the treaties and laws of
preferential application, the provisions of this Code
WHERE SHOULD A CRIMINAL ACTION BE shall be enforced not only within the Philippine
INSTITUTED? Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its
Venue is Jurisdictional as the court has no jurisdiction, against those who:
jurisdiction to try an offense committed outside its
territorial jurisdiction. It cannot be waived, or changed 1. Should commit an offense while on a Philippine
by agreement of the parties, or by the consent of the ship or airship
defendant.
2. Should forge or counterfeit any coin or currency
Rules to observe in determining jurisdiction note of the Philippine Islands or obligations and
a. In the court of the municipality or territory where securities issued by the Government of the Philippine
the offense was committed or where any of its Islands;
essential ingredients occurred (Rule 110, Sec.15)
(Exception: Sandiganbayan cases) 3. Should be liable for acts connected with the
introduction into these islands of the obligations and
b. If committed in a train, aircraft, or other public or securities mentioned in the presiding number;
private vehicle: in the court of any municipality or
territory where the vehicle passed during its trip, 4. While being public officers or employees, should
including the place of departure or arrival (Rule 110, commit an offense in the exercise of their functions;
Sec.15)
5. Should commit any of the crimes against national
c. If committed on board a vessel in the course of its security and the law of nations, defined in Title One of
voyage: in the court of the first port of entry or of any Book Two of this Code.
municipality or territory where the vessel passed
during the voyage, subject to the generally accepted Crimes against national security and the law of
principles of international law (Rule 110, Sec.15) nations
a. Treason
d. Crimes committed outside the Phil but punishable b. Conspiracy and proposal to commit treason
under Article 2 of the RPC: any court where the c. Misprision of treason
action is first filed. (Rule 110, Sec.15) d. Espionage
e. Inciting to war or giving motives for reprisals
e. Libel – The action may be instituted at the election f. Violation of neutrality
of the offended or suing party in the province or city g. Correspondence with hostile country
h. Flight to enemy country
f. In exceptional circumstances – To ensure a fair trial i. Piracy in general and mutiny on the high
and impartial inquiry. The SC shall have the power to seas
order a change of venue or place of trial to avoid j. Qualified piracy
2S 2011-2012 with Anjo David’s notes Criminal Procedure 18
Rules on venue in libel cases 3. When the crime is committed in a war vessel of a
a. The criminal action for libel may be filed in the RTC foreign country, the NATIONALITY of the vessel will
of the province or the city where the libelous article is ALWAYS determine jurisdiction because war vessels
printed and first published. are part of the sovereignty of the country to whose
navel force they belong.
b. If the offended party is a private individual, the
criminal action may also be filed in the RTC of the The country of registry determines the nationality of
province where he actually resided at the time of the the vessel, NOT ITS OWNERSHIP. A Filipino-owned
commission of the offense. vessel registered in China must fly the Chinese flag.
c. If the offended party is a public officer whose office 4. Three International Theories on Aerial Jurisdiction
is in Manila at the time of the commission of the a. Free Zone Theory
offense, the criminal action may be filed in the RTC of The atmosphere over the country is free and not
Manila. subject to the jurisdiction of the subjacent state,
except for the protection of its national security
d. If the offended party is a public officer whose office and public order.
is outside Manila, the action may be filed in the RTC
of the province or city where he held office at the time b. Relative Theory
of the commission of the offense. The subjacent state exercises jurisdiction over
the atmosphere only to the extent that it can
Crimes committed aboard merchant vessels effectively exercise control thereof.
1) The RPC is applied to Philippine vessels if the
crime is committed while the ship is treading: c. Absolute Theory
a) Philippine waters (intraterritorial application) i. The subjacent state has complete jurisdiction
b) The High Seas i.e. waters NOT under the over the atmosphere above it subject only to the
jurisdiction of any State (extraterritorial innocent passage by aircraft of a foreign country.
application) NOTE: The Philippines adopts this theory.
2) While in the territorial waters of another country ii. Under this theory, if the crime is committed in
(i.e. a foreign vessel treading Philippine waters OR an aircraft, no matter how high, as long as it can
Philippine vessels treading waters under the be established that it is within the Philippine
jurisdiction of another state): atmosphere, Philippine criminal law will govern.
2S 2011-2012 with Anjo David’s notes Criminal Procedure 19
Suggested Answer: Any court in the Philippines offended part may intervene by counsel in the
where the case is first filed. Apply Art. 2 in relation to prosecution of the offense.
Rule 110, Sec. 15d.
• “Party” includes not only the government but other
i. A Philippine ship is travelling from Tawi-Tawi to persons as well, such as the complainant who may
Malaysia to Singapore. While within the high seas, A be affected by the judgment rendered in the criminal
killed B. Where could a complaint for homicide be proceedings. [People v. Madali (2001)]
filed by the offended party?
When private Prosecutor is Allowed to Intervene
Suggested Answer: Philippine Laws apply (Art. 2 in GENERAL RULE: An offended party has the right to
relation to Rule 110, Sec. 15). Therefore, in any court intervene in the prosecution of a crime.
where the case is first filed.
EXCEPTIONS:
j. A Philippine ship is travelling from Tawi-Tawi to 1) Where, from the nature of the crime and the law
Malaysia to Singapore. While within the territorial defining and punishing it, no civil liability arises in
waters of Malaysia, A killed B. Where could a favor of a private offended party.
complaint for homicide be filed by the offended party?
2) Where, from the nature of the offense, the private
Suggested Answer: Depends on which rule Malaysia offended party is entitled to civil indemnity arising
has in force – English Rule or French Rule. But therefrom but he has waived the same or has
actually, they’re conversely related to each other. expressly reserved his right to institute a separate
Thus, in this example, the case can be filed only in civil action or he has already instituted such action.
Malaysia.
Any move on the part of the complainant or offended
k. An unregistered ship is travelling from Tawi-Tawi to party to dismiss the criminal case, even if without
Malaysia to Singapore. While within the international objection of the accused, should first be referred to
waters, the passengers of the unregistered ship fired the prosecuting fiscal for his own view on the matter.
at the passengers of a Philippine ship. Where could a He controls the prosecution of the case and may
complaint for homicide be filed by the offended party? have reasons why the case should not be dismissed.
[Republic v. Sunga]
Suggested Answer: Philippines has jurisdiction,
piracy is a crime committed against humanity and the WHAT ARE THE REMEDIES AGAINST
law of nations. As such, it can be tried in any country. DEFECTIVE COMPLAINT OR INFORMATION?
GENERAL RULE Lack of substantial compliance Effect of missing element if proved in trial
renders the accusatory pleading quashable. That the missing element may be proved during the
trial or that prosecution has presented evidence to
EXCEPTION: Mere defects in matters of form may be establish the same cannot have the effect of
cured by amendment. Objections not raised are validating the void information or proving an offense
deemed waived, and the accused cannot seek which does not exist.
affirmative relief on such ground nor raise it for the
first time on appeal. The defect is not cured by failure to move to quash or
by plea of guilty. The failure does not imply a waiver
Vague or broad allegations are generally not of the defects that go to the jurisdiction of the offense
grounds for a MTQ. The correct remedy for this is a or to lack in some of the essential elements of the
bill of particulars. offense charged.
b. Where the charge does not deprive the 3. It does not involve a change in the basic
accused of a fair opportunity to present his theory of the prosecution so as to require the
defense; OR accused to undergo any material charge or
c. Where it does not involve a change in the modification in his defense;
basic theory of the prosecution; OR 4. It does not expose the accused to a charge
d. Where it necessarily includes or is which would call for a higher penalty;
necessarily included or is the same offense 5. It does not cause surprise or deprive the
as the one to be amended. accused of an opportunity to meet the new
averment.
AN AMENDMENT IS AN AMENDMENT IN
SUBSTANCE where it covers matters involving the Substitution
recital of facts constituting the offense charged and If it appears at any time before judgment that a
determinative of the jurisdiction of the court. mistake has been made in charging the proper
offense, the court shall dismiss the original complaint
Is an additional allegation of habitual delinquency or information upon the filing of a new one charging
and recidivism a substantial amendment? the proper offense.
No. These allegations only relate to the range of the
imposable penalty but not the nature of the offense. When the prosecution is convinced that it would not
be able to convict or to cause the conviction of the
Is an additional allegation of conspiracy a accused, the prosecution can cause the substitution
substantial amendment? of information.
Yes because it changes the theory of the defense. It
makes the accused liable not only for his own acts No double jeopardy in substitution
but also for those of his coconspirators. In substitution, there is absolutely no double jeopardy
(Old J. Sabio answer) because it involves a different offense.
information would be withdrawn, the jeopardy. is more favorable to the accused. He/she shall be
accused could invoke double convicted of the one which is more favorable.
jeopardy.
The right to be informed of the charges has not been
Variance of Judgment violated because where an accused is charged with a
specific crime, he is duly informed also of lesser
GENERAL RULE: The defendant can be convicted crimes/offenses included therein.
only of the crime with which he is charged.
• The accused can be convicted of an offense only
Rationale: He has the right to be informed of the when it is both charged and proven.
nature of the offense with which he is charged before
he is put on trial. • The mere fact that the evidence presented would
indicate that a lesser offense outside the court’s
However, minor variance between the information jurisdiction was committed does not deprive the court
and the evidence of its jurisdiction, which had vested in it under the
1. Does not alter the nature of the allegations in the information. (following the Principle
2. offense; of Adherence)
3. Does not determine or qualify the crime or
penalty; When the offense as charged is included in or
4. Cannot be ground for acquittal. necessarily includes the offense (Rule 120, Sec.
5)
EXCEPTION: He can be convicted of an offense The offense charged necessarily includes the offense
proved provided it is included in the charge, or of an proved when some of the essential
offense charged which is included in that which is elements/ingredients of the former, as alleged in the
proved. [Rule 120, Sec. 4] complaint/information, constitute the latter.
Exception to the exception: Where there are facts An offense charged is necessarily included in the
that supervened after the filing of the information offense proved when the essential ingredients of the
which change the nature of the offense. former constitute or form part of those constituting the
latter.
Effect of Variance of Judgment
Rule for Complex Crimes
1. When the offense proved is less serious than, Where a complex crime is charged and the evidence
and is necessarily included in, the offense fails to support the charge as to one of the
charged, in which case the defendant shall be component offenses, the accused can be convicted
convicted of the offense proved; of the other.
2. When the offense proved is more serious than
and includes the offense charged, in which case The accused should move to quash on the ground of
the defendant shall be convicted of the offense duplicity to prevent him from being convicted of as
charged; many component offenses as may be proved.