Criminal Procedure: RULE 110 –

Prosecution of Offenses
 

RULE 110 – Prosecution of Offenses

1. Institution of Criminal Actions (Sec. 1)

1. How is criminal action instituted
1. For offenses where the Preliminary Investigation is Required
(sec 1, par 1)
1. For Offenses where a preliminary investigation is required
pursuant to Sec 1 of Rule 112, by filing the Complaint with the
proper officer for the purpose of conducting the requisite
preliminary Investigation.
1. Preliminary Investigation (Rule 112 Sec 1 par 1) – is an
inquiry or proceeding to determine whether there is
sufficient ground to engender a well founded belief that a
crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.
2. When is Preliminary Investigation is Required – (Rule
112 Sec 1 par 2) – Preliminary Investigation is required to
be conducted before filing of a complaint or information
for an offense where the penalty prescribed by law is at
least Four (4) years, Two (2) months and One (1) days
without regard to the fine.
3. Exception (Rule 112 Sec 6) *Renumbered formerly Sec 7
– When the accused lawfully arrested without a warrant. –
When a person is lawfully arrested without warrant
involving the offense which requires a preliminary
investigation, the complaint or information may be filed a
prosecutor without need of such investigation provided
an inquest has been conducted in accordance with
existing rules.
2. For All other offense not requiring Preliminary Investigation
2. When is it deemed instituted
3. Who is qualified to institute it:
a. By complainant, de parte
b. By information, de officio
(a) Jimenez vs Sorongon, 687 SCRA 151 (Full Text)
2. Sufficiency of Complaint or Information (Sec. 6) (COCA-DP)
1. Name of the accused
2. Name of the offended party
3. Name of the offense(Crime)
1. People vs Valdez, 663 SCRA 272 (Full Text)
1. For complaint or information to be sufficient, it must state the
name of the accused; the designation of the offense given by
the statute; the acts or omissions complained of as
constituting the offense; the name of the offended party; the
approximate time of the commission of the offense, and the
place wherein the offense was committed. What is controlling
is not the title of the complaint, nor the designation of the
offense charged or the particular law or part thereof allegedly
violated, these being mere conclusions of law made by the
prosecutor, but the description of the crime charged and the
particular facts therein recited. The acts or omissions
complained of must be alleged in such form as is sufficient to
enable a person of common understanding to know what
offense is intended to be charged, and enable the court to
pronounce proper judgment.
2. Miguel vs Sandiganbayan, 675 SCRA 560 (Full Text)
1. The test of the information’s sufficiency is whether the crime
is described in intelligible terms and with such particularity
with reasonable certainty so that the accused is duly
informed of the offense charged. In particular, whether an
information validly charges an offense depends on whether
the material facts alleged in the complaint or information
shall establish the essential elements of the offense charged
as defined in the law. The raison d’etre of the requirement in
the Rules is to enable the accused to suitably prepare his
defense.
3. People vs Soria, 685 SCRA 483 (Full Text)
1. “[W]here an offense may be committed in any of the different
modes and the offense is alleged to have been committed in
two or more modes specified, the indictment is sufficient,
notwithstanding the fact that the different means of
committing the same offense are prohibited by separate
sections of the statute. The allegation in the information of
the various ways of committing the offense should be
regarded as a description of only one offense and the
information is not thereby rendered defective on the ground
of multifariousness.”
4. Cause of accusation: qualifying and aggravating circumstances
1. Serapio vs. Sandiganbayan, G.R. No. 148468, January 28, 2003
1. The acts or omissions complained or must be alleged in such
form as is sufficient to enable a person of common
understanding to know what offense is intended to be
charged and enable the court to know the proper judgment.
The Information must allege clearly and accurately the
elements of the crime charged. What facts and circumstances
are necessary to be included therein must be determined by
reference to the definition and elements of the specific
crimes. The purpose of the requirement of alleging all the
elements of the crime in the Information is to inform an
accused of the nature of the accusation against him so as to
enable him to suitably prepare for his defense. Another
purpose is to enable accused, if found guilty, to plead his
conviction in a subsequent prosecution for the same offense.
2. People Of The Philippines Vs. Tampus, G.R. No. 181084, June 16,
2009,
1. In the case at bar, although the victim’s minority was alleged
and established, her relationship with the accused as the
latter’s daughter was not properly alleged in the Information,
and even though this was proven during trial and not refuted
by the accused, it cannot be considered as a special qualifying
circumstance that would serve to increase the penalty of the
offender. Under the 2000 Rules of Criminal Procedure, which
should be given retroactive effect following the rule that
statutes governing court proceedings will be construed as
applicable to actions pending and undetermined at the time
of their passage, every Information must state the qualifying
and the aggravating circumstances attending the commission
of the crime for them to be considered in the imposition of
the penalty. Since in the case at bar, the Information did not
state that the accused is the mother of the victim, this
circumstance could not be appreciated as a special qualifying
circumstance. She may only be convicted as an accomplice in
the crime of simple rape, which is punishable by reclusion
perpetua.
3. Place of commission
5. Date of commission
3. Amendment vs Substitution (Sec. 14)
1. Distinguish
1. Section 14. Amendment or substitution. — A complaint or
information may be amended, in form or in substance, without
leave of court, at any time before the accused enters his plea.
After the plea and during the trial, a formal amendment may only
be made with leave of court and when it can be done without
causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the
nature of the offense charged in or excludes any accused from
the complaint or information, can be made only upon motion by
the prosecutor, with notice to the offended party and with leave
of court. The court shall state its reasons in resolving the motion
and copies of its order shall be furnished all parties, especially the
offended party. (n)
If it appears at any time before judgment that a mistake has been
made in charging the proper offense, the court shall dismiss the
original complaint or information upon the filing of a new one
charging the proper offense in accordance with section 19, Rule
119, provided the accused shall not be placed in double jeopardy.
The court may require the witnesses to give bail for their
appearance at the trial. (14a)
1. Rule 19 Sec 19. When mistake has been made in charging the
proper offense. — 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 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. (11a)
2. Compare with Rule 10
4. Place where the action is to be instituted (Sec. 15)
1. Venue is jurisdictional in criminal cases
1. the venue of criminal cases is not only in the place where the
offense was committed, or
2. where any of its essential ingredients took place.
2. Union Bank vs People, 667 SCRA 113 (Full Text)
 5. Intervention of the offended party (Sec. 16)
1. Sec 16. Intervention of the offended party in criminal action. — Where
the civil action for recovery of civil liability is instituted in the criminal
action pursuant to Rule 111, the offended party may intervene by
counsel in the prosecution of the offense.
2. Compare with Rule 19, Sec 1,  Who may intervene. — A person who
has a legal interest in the matter in litigation, or in the success of
either of the parties, or an interest against both, or is so situated as
to be adversely affected by a distribution or other disposition of
property in the custody of the court or of an officer thereof may, with
leave of court, be allowed to intervene in the action. The court shall
consider whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the original parties, and
whether or not the intervenor’s rights may be fully protected in a
separate proceeding. (2[a], [b]a, R12)

Addie Antazo September 5, 2019 Criminal Procedure

RULE 110 – Prosecution of Offenses

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RULE 110 – Prosecution of Offenses”

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