PROSECUTION OF OFFENSES (RULE 119) Revised Rules of Cri of Bere inataton of ca Sec. 1 of Rule 110 Procedure provides for the actions. It states that: (a) For offenses where a preliminary inves. tigation is required pursuant to Sec. 3 0! 112, by filing the complaint with the proper officer for areal the requisite preliminary offenses, by filing the com. plata gr Totormation directly with the Munteipal Trial Courts and Municipal Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in the charter. The institution of the cael action! shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws.” 214 pad ‘Thus, as a general complaint or infor @ criminal act; a action is commer fee 9 in cro Which are Red in cour ne offended party ang ¢! ESOS, the nae el court, ca aca Ota ingens Be ial acti “complaint” file 5 RN 1a9g9n8 ey any person: org 72, October 15, 2002)" "9% Q: How is jurisdic J heermined? It is settled that the tion of the court ‘in criminal cases fisd eae t,o the court in criminal {nformation, and not by the findings tsect re complaint oF the court after trial 188 based on the evidence of [eset] Case law has it that in order to determine the jurisdi ane Soa in ermine! ea ee etemin tdi be examined for the purpose of ascertaining whether or not the facts set out therein and the prescribed period provided for by law are within the jurisdiction of the court, and where the said; 216 criminal ‘A COMPREHENSIVE APPROAC! Umezawa, GR. Nos. I sed on the sworn complaint o¢ whe the court with Jurisdiction» states that the fiscal is accusing Sate the sworn complaint of to clothe court witn 3) Q Willan information the victim be sufficient to clot ‘A: Yes. An information which » the defendants of adultery 4 victim attached to the information suffice jurisdiction. | formation which states that fiscal is accusing the Sttached to the information suffices to clothe court with ‘diction. People vs. Hon. Ricardo M. Mlarde, et al, 125 SCRA 4) Q: Whatis the nature of the complaint by the offended party in private crimes? ‘A: Complaint under Article 344 of the Penal Code is merely a condition precedent to the exercise by the proper authorities of the power to prosecute the guilty parties. [case Law: ] Complaint under Article 244 of the Penal Code is merely ‘2 condition precedent to the exercise by the proper authori fof the power to prosecute the guilty parties. The reason rile is that what confers jurisdiction on the court is e complaint but the Judiciary Law. (People us. Andres Bugtong, 169 SCRA 797) cuarnen Prosecution of ‘ ton of Offenses (RULE, 110) “ ies at Si te ™ ‘as a general rule, an inj oe] 1¢ institution of ‘The institution of criminal action depends upon the sound the quasi-judicial discretion to aah eer i ee es el ‘anted to restrain a criminal prosecution. The case of Brocka, ere" ys. Enrile, et al, cites several exceptic to wit: junction will not be ill not be granted to , Subject to certain exceptions. rights of the accused; (2) when necessary for the orderly ice oF to avoid oppression or when there is prejudicial question when the acts of the officer are thority; (5) where the prosecution, is under an invalid law, ordinance or regulation; (6) where the court has no jurisdiction over the offe a case of prosecution rather than prosecution; charges are manifestly false and motivated by the lust for vengeance; and (9) when there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied ‘A careful analysis if the circumstances obtaining in the present case, however, will readily show that the same does not fall under any of the aforesaid exceptions. Hence the petition at ed. (Atty. Miguel P. Paderanga vs. Hon. Franklin 196 SCRA 86) ‘a) Rules on the Filing of Information in Case of Minors in Conflict with the Law: Sec. 21 on the Rules on Juveniles in Conflict with the Law (A.M. No, 02-1-18-SC, November 24, 2009) provides for the rules on the filing of information involving a minor. It states ‘that: “Section 21. Filing of Information. — If the investigating prosecutor finds probable cause to hold the child in conflict with the law for trial,as cr A COMPREHENSIVE AP corresponding there being discernment respondiny Resolution and Informatior preps Fr the approval by the provi as the case may te The or father, or appropriate SE MESSE Sheence thereof, the nearest land the child’s private counsel oF aut the Public Attorney's Office shall ibe fried forthwith a copy of the approved the Information. ity prosecutor, ‘and the mother shall be filed with the court wn riatsty an ome na oe preliminary investigation. (n) a child No Information shall be filed against for the commission of the following: (a) status offences; (b) _vagrancy and prostit 202 of the Revised Penal Code; c) mendicancy under Presidential Decree No. 1563; and (@) sniffing of rugby under Presidential Decree No. 1619. Children taken into custody for the foregoing shall, with their consent and that of their parents, guardian or custodian, instead undergo appropriate counseling and treatment program.” (n) COMMENTS: 1) Q: What are the duties of the prosecutor in the filing of an information against « minor? ‘A: Ifthe investigating prosecutor finds probable cause to hold the child in conflict with the law for trial, there being discernment, he shal! + 2) _ Prepare the corresponding Resolution and Information forthe spprova by the provincial or city prosecutor, case tution under Section b) The child and the mother or father . er or father, or appropriate guardian or custodian, or in the absence thereof, the nearest g) @ When should the information be fled? Th ation shall be fil Ho» the start ofthe preliminary investigation ‘ed with the court within 45 days @: What are the limita formation against a miner? ™* ' the fling of an No Information shall by Msion ofthe following, “Nt S8Ainst @ child for the (a) Status offences; ) Vagrancy and prostituti pevttol Penal Code; jon under Sec. 202 of the (@) Mendicancy under P.D. 1563; and (a) Sniffing of rugby under P.D. 1619, 3) ia! & com! 4) Q What is the requirement in case above- 4) ationed offenses? ee ‘a: Children taken into custody for the foregoing shall, with Ms consent and that of ther parents, guardian, ¢ custodian, instead undergo appropriate counseling and treatment program. b) Interruption of the Running of Prescriptive Period: 1) Q: What is the effect of the institution of the criminal action? ‘A: The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged, unless otherwise provided in special laws. ‘The filing of the information in the CFI of Batangas for cestafa, even if erroneous because it had no territorial jurisdiction over the offense charged, tolls the running of the prescriptive period of a crime since the jurisdiction of a court is determined inf PCED BENCH AND THE: Ba aint or inform, the comp! tions of ati * poople us. Hon. Ricardo Gai,” criminal cases by the allege! sn sult or proc the res ScR4 193) a prescription in cane rule oe ated on special penal laway “ laws is interrupted by rary investigation, the 2) Q: What is institution of a criminal ial od for speci ‘A: _ Prescriptive period for Pet institution of proceedings fF P ion of a special law starts The issue of when Prescription the case of Panagy pn and when i ohustce, etal, wherein the Court had the Serie oe cap of our judicial system during the ccvasion to discuss the ote prevailing jurisprudence at that assage of Act 3326 and the preva eomplaint Cele, the tine hich cone eo ee tines Satie eS period ot eccripton, Panaguiton also cited cases subsequently cee eee cent invelving prescription of special layy there the Cour categorically ruled that the Prescriptive periog Ir interrupted by the mation of proceedings for Preliminary investigation against the accused s clear that the filing of the complaint against the respondent with the Office of the Obese on April 1, 2014 effectively tolled the running of the periey of prescription. Thus, the fling of the Information before the Sandiganbayan on March 21, 2017, for unlawful ace allegedly committed on February 14, 2013 to March 20, 2014, ig'yay within the thee (}-year prescriptive period of R.A. 7877. (Pest elle A Lee, Jn GR. No. 234618, September 16, 29% Peralta, J) the pericd of mat are the guidelines in the determination of Period of prescription for violations of R.A. 3019? feck evaluation ofthe foregoing jurisprudence on the matter eckonin' folowing guidelines in the determination of the Jorening Point for the period of prescription of violations of R.A. 3019, viz: 1 As a general rule, prescription be date of thy ‘gins to run from the #¢ commission of the offense, oH Prosecution o v ses (RULE. 110) 2. Tait alte of the commission of the violation ie not own, it shall be counted f known ‘<< form the date of discovery thereof. ining wheth of the Revised Rule of Criminal Procedure provides for the tule on the formal requirements for a complaint or information. It states that, “Section 2. The cor The complaint or info: against all persons who appea it to be responsible for the offense involved.” COMMENTS: ae What are the formal requirements for a complaint or information? ‘A: The complaint or information shall be: 1) Inwriting;cRIMINAL PROCED yc AND THE BAR A COMPREHENSIVE APPROACH FOR TH people of the Philipines; and ‘o appear to be TeSPONSIDIE fo ma 2) Inthe name of the 3) Against all persons ¥> the offense involved: nea the rule that the crimingy 2), what in eae rations forne of the People of the mation mus Philippines? riminsaws i an aon to the People ofthe A Vnlason of cima not merely (© the, peoon dlrety Peers he being merely the comelinine [eae ] errs ores the person direct} ‘and not merely to ly ppInes a oe merely the complaining witness, js on Prejudice, he eine gence ofa public prosecutor the tra rimin to protect vital state interests, o cin ces Scr © Ft he flo foremost of which is its int he rue of law, th Tratoat of peace of the people. (State Prosequiey Pingel : ve shag Roberto L Mao AM. No. RTJ-05-1944, December 13, 2005) 3) @:_ Why is it that the information must state “Peop of the Philippines” in the caption? ; ‘Ar itis sufficient that the People of the Philippines appear in the capton ofthe information to emphasize that the penal laws of the State have been violated. (ent ] ‘The rules do not require that the State be specifically mentioned in the body of the information as an offended party. It is sufficient that the People of the Philippines appear in the caption of the information to emphasize that the penal laws of the State have been violated. For indeed, a crime is an offense against the State. (People us. Court of First Instance of Quezon, GR. No, 41903, June 10, 1992) al laws is an af CHAPTER Prosecution of Offenses (RULE 110) 223 Q: What is the effect of failure to ot the Philippines? lure to implead the People . The failure to implead an indig; ‘ ensable renders. Ai subsequent actions ofthe court null and soe fey want of author to act not only as to the absent Parties but even as to ahose present. pane] In Vda. de Manguerra vs. Risos, where the petition fo ents ek ee gad tis plo Philippines as an indispensable party, the Court held: is undisputed that in t cA, respondents failed to imp ge a party thereto. Because defective. As provided in Section of Criminal Procedure, all criminal actions are prosecuted under the direction and control of the public prosec pehooved the petitioners (respondents herei People of the Philippines as respondent in the CA case to enable the Solicitor General to comment on the petition While the failure to implead an indispensable party is not per se a ground for the dismissal of an action, considering that said party may still be added by order of the court, on moti of the party or on its own initiative at any stage of the and/or such times as are just, it remains essential — at jurisdictional —that any proceedings before the cou! the absence of such indispensable party renders all subsequent actions of the court null and void for want of authority to act, not only as to the absent parties but even as to those present. (People us. Jose C. Go and Aida C. Dela Rosa, G.R. No, 201644, September 24, 2014) 5) Q: What is the effect if the information lacks a certification as to the holding of preliminary investigation? A: Theabsenceofacertificationastotheholdingofapreliminary investigation does not invalidate an information because such certification is not an essential part of the information itself.rol A COMPREHENSIVE APPROACH F Theabsenceofacertisicatio investigation does not invalidat’ bas certification is not an eee Pe: xox Failure to furnish respo! ofan infor! thereatter resolution does not affect HS Spon which the information filed even if a cop’ he respondent. (Oden Pecho ye 1238 SCRA 116) 228 is based was not served UP Sandiganbayan and People, Sample Form: Caption: REPUBLIC OF THE PHILIPPINES JONAL TRIAL COURT NATIONAL CAPITAL: JUDICIAL REGION Makati City PEOPLE OF THE PHILIPPINES, Plaintif, versus: CRIM. CASE No. (LS No. 05-C-3691) For: Estafa under Art. 315 par. 2(a) of the Revised Penal Code Sec. 3 of Rule 110 of the Revised Rules of Criminal Procedure defines complaint as: “Section 3. Complaint defined. — A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.” - CHAPTER Iv osecution of Offenses (RULE 119) COMMENTS: 1) Qi What is a criminal complaint? :_Acomplaint sa sworn written statement charging a person wrth an ovenee: Suscribed by the offended party, any peace eee violated. icer charged with the enforcement of Q: What is the nature of the com; 2) o'ene Rules? ‘the complaint referred to ‘az The “complaint” referred to in Rule 110 contemplates one that is fled in court to commence a criminal action in those ‘cases where a complaint ofthe offended party is required by law, instead of an information which is generally fled by a fiscal (ese) Section 3, Rule 110 of the Rules of Court enumerates the persons who are authorized to file a criminal complaint. The Eomplaint mentioned in this provision, however, refers to one filed in court for the commencement of a criminal prosecution for violation of a crime. This does not refer to a complaint filed ‘with the Prosecutor's Office. ‘As a rule, a criminal action contemplated under Rule 110 is commenced by a complaint or information, both of which are filed in court. Thus, if a complaint is filed directly in court, the same must be filed by those persons delineated in Sections 3 and. 55 of the same rule such as the offended party. In the case of an information, the same must be filed by the fiscal or prosecutor. However, a complaint filed with the fiscal or prosecutor from ‘which he or she may initiate a preliminary investigation may be filed by any person. (Edwin Talabis vs. People, G.R. No. 214647, ‘March 4, 2020)DURE 26 CRIMINAL PROC TTT BENCH AND THE BAR. TH A COMPREHENSIVE APPROACH FOR Sample Form: Criminal Complaint: ILIPPINES. IBLIC OF THE PHI METROPOLITAN TRIAL couRT NATIONAL CAPITAL JUDICIAL RI ‘BRANCH _, MANILA ‘THE PEOPLE OF THE PHILIPPINES, Plaintiff, ee criminal Case No. For: Seduction RENATO DELA CRUZ, CRIMINAL COMPLAINT ‘The undersigned accuses RENATO DELA CRUZ of the crime of seduction committed as follows: (Here set out the time and place when and where the crime is committed, and the facts constituting the offense.) Contrary to law. ‘Complainant (weRirication) ‘A preliminary investigation has been conducted in this case under my direction, having examined the witnesses under oath. (Wustice of the Peace) (Witnesses) Ve coureny Prosecution 0f Offenses (RULE 9 = ‘4, Information Defined: section 4, Rule 110 of procedure defines ani information Revised Rule of Criminal COMMENTS: | 1) Q: What is « criminal information? ‘a:_An information is an accusation in writing charging a person with an offense, subscribed by the prosecitor andi hed ‘pith the court. 2) Q& Isa criminal information a pleading? | kz Yes. Filing fees, when required, are assessed and become due for each initiatory pleading fled. In the instant case, | pleadings refer to the information filed in court [eset] Filing fees, when required, are assessed and become due for each initiatory pleading filed; in the instant case, pleadings refer to the information are total of 40 counts of violation of the MeTC. And each of the 40 we fees, individually, based on the Under the rules of criminal procedurt ig equivalent to the filing of 40 diffe count represent an independent violation of B.P. 22. Filing fees are, therefore, due for each count and may be paid for each count separately. (Richard Chua us. The Executive Judge, Metropotitan ‘Trial Court, Manila, G.R. No. 202920, October 2, 2013) wat 3) Q: What is the requirement before the filing of a ‘criminal information? ‘Az Itis a requirement thatthe filing ofthe information must be ‘preceded by a preliminary investigation. oo wlpreliminary stigation should first be conducted, (Romer, Es Hon. G, Jesus B. Ruis, et aly 58 SCRA 779) 4) What are the distinctions between a complaint ang Information A complaint is a sworn writ- ten statement charging @ person with an offense, sub- scribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violat- ed. (Sec. 3, Rule 110) ‘An information is an accu. sation in writing charging q person with an offense, sub- scribed by the prosecutor and filed with the court. (Sec. 4, Rule 119 +b) As to who may file: A complaint shall be sub- scribed and filed by offended party, any peace officer, or other public officer charged with the enforcement of the Jaw violated ‘An information shall be subscribed and filed by the prosecutor. 5) Q: Is it required that an information be under oath? ‘A: No. There is no requirement thé to because the prosecuting officer mation be sworn charged with the RULE 110) reto and is acting under to a 8 under the special responsibility of his oath of office. (U.S. vs. Daoquel, 37 Phil. 16; Visitacion L. Estodillo, etal. vs. Judge Teofilo D. Baluma, A.M. No. ‘RTJ-04-1837, March 23, 2004) 6) Qt Test required that an information for rape be signed by the complainant? ede , itis not necessary for the complainant to sign and verify ‘an information for rape filed by the fiscal. | ‘The appellant's insinuation that the have been signed and sworn to by the complaint is incorrect for it is not necessary for the complainant to sign and verify the Information for rape filed by the Fiscal. (People vs. Andres Bugtong, 169 SCRA 797)‘Sample Form: Criminal Information: Philippines Republic of the ‘Regional Trial Court ‘Third Judicial Region Malolos, Bulacan People of the Philippines Plaintiff, (CRIM, CASE NO. vversus- far Murder JUAN DELA CRUZ INFORMATION ial Prosecutor accuses 1 undersigned Asst. Provincial Prosec ua ae Cee eine nme of Murder, penalized under the ‘rovisions of Art. 248 ofthe Revised Penal Code, committed as follows: Sah CRlamay and fetomnusy with evident premeditation, Treachery and abe of supenor strength, attack and assaul c Renato Reyes, his death, Contrary to law. Malolos, Bulacan, August 24, 2020 GABRIELA S. SILANG ‘Asst. Provincial Prosecutor CHAPTER w Prosecution on of Offenses (RULE 110) CERTIFICATION {hereby ceri that personaly examined the complainant ere is reasonable Bround to believe that fom submit chat she/he Was given an op rn )portunit it ie submit controverting| GABRIELA S. SILANG Asst. Provincial Prosecutor SUBSCRIBED AND SWORN to before me this ‘august, 2020 Malolos, Bulacan elie pe Asst, Provincial Prosecutor WITNESSES: NO BAIL RECOMMENDED: Accused are at large APPROVED BY: ALFREDO D. DANTES Provincial Prosecutor 5. Persons Who Must Prosecute Criminal Actions: Sec. 5 of Rule 110 of the Revised Rules of Criminal Procedure provides for the rules on who may prosecute criminal actions. It states that: “Section 5, Who must prosecute criminal actions. — All criminal actions commenced by 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 orto the cate is not available, the offended , any peace officer, or public officer charged p the enforcement of the law violated may ‘the case. This authority shall ceaseooo ie ‘ne known parents, grandpal or sade cern aia enna cat ae e 4 party, even if a minor, has the rien Sine ne provscution ofthe offenses of seduction, abduction and acts of las 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 fle the action granted to parenta, grandparents, or guardian shall be exclusive of all ther persons and ahall be exercised successively in the order herein provided, except as stated in the preceding paragraph. 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. ‘The prosecution for violation of special laws ‘shall be governed by the provision thereof.” inere Prog : reecution of Offensay CULE 1 9 COMMENTS, ‘hall Prosecute criminal at z commenced Prosec by complaint or Ned under the direction nad nt ‘Al ctiminal_sctions. ipformation shall be prosecited umes 4—A_complaint_ox a BrOReS diction and con Sn Pa ond represen ae La Snare, ns copactoy pret Lae of Unlad Shipping & Management in Sorongo, Socrates Antzoulatos, 2) Q@ Who shall prosec ‘Municipal Trial Courts or “ute the criminal action in the Mase of unavailability Municipal Circuit 7 rial Courts in of the public prosecutor? ‘A: _In Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available, it can be prosecuted by: a) The offended party; b) Any peace officer; or ) Public officer charged with the enforcement of the law violated, 3) Q When will the authority be deemed terminated? ‘A: This authority shall cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court ‘a) Amendment to Sec. 5, Rule 110 under A.M, No, 02-2-07-8C (May 1, 2002): 1) Q: Who shall prosecute a criminal action? A: ‘Secti . Who must prosecute criminal action. — All criminal actions cither commenced by complaint or byan A COMDRRNEN piv the private pro : Ae Bowen onic of the Real Sve se ‘poosccute the case-sulect 10 0° inal action, -the_ privat’ s0_auuthorized_to_pmosccute the To case_Up_to eng ‘hrosecuitor shall_continue 0-H prosccutor.untess 4! actions shan, ion of the pubht Taree el ee mel ane oe ee nol a ee a ne ote 2 9 Pet ec Prosecution Office or the Regional State Prosecution Office ¢g Senhora ee pene str te pe ee eee the cena enon fel eeu Sen ea ae eS L. Ayco, A.M. No. RTJ-05-1944, December 13, 2005) prosecute the case, subj ge 2 ee ee Neepete ‘A: The reason for placing the criminal prosecution under the direction and control of the fiscal is to prevent malicious or Sse e Sas [exetewe] In Crespo us. Mogul (supra), the Court emphasized the cardinal principle that the public prosecutor controls and directs the prosecution of criminal offense, thus: “Itis a cardinal principle that all criminal actions either commenced by the complaint or information shall be prosecuted under the direction and control received from the jurisdiction or gon tne legal duty not to prosecute whe ac become convinced that the evidence aagrse establish @ prima facie case. (Rhodons Wr ge i HOES ‘appeals, & al, 278 SCRA 656, | It is well-settled that Prosecution of crimes pertains to the executive department of the government whose principal power and responsibility sure that laws are faithfully executed, Corollary to this power is the right to prosecute violators. Thus, all criminal actions commenced by complaint or information are prosecuted under the direction and control of public prosecutors. In the prosecution of special laws, however, the exigencies of public service sometimes require the designation of special prosecutors from different government agencies to at public prosecutor; but this designation does not detract. public prosecutor having control and supervision over the case (Bureau of Customs vs. Peter Sherman, et al., G.R. No. 190487, April 13, 2011)yROCEDURE, CRIMINAL PROSE crs AND THE oF IMINAL POR THE BENCI BaR A COMPREHENSIVE APPROACH rds the quantum Je control as re6 or 4) of = has ea bs ‘presentation of evidence? evidence and the 0 te Ae The prosecutor hast ‘vidence and the order of res minal actions are prose of the pb prosecutor. The Court recognizes right to control the GUAM op entation of the witnesses, sin, . Ce aly under the direction and eon! the manner in Which he eeu is proven still primarily reg? Sereneth of am scetSine prosecutor as the TRAE to contr tre reaproes ot eedence and the order of Presentation of the wrtncces in support of the denial of bal. After all, all crimingy SE RENTed under the direction and control of the lic prosecutor. (Rule 110, Section 5, Revised Rules of Crimingy Procedure, as amended by AM. No, 02-2-07-SC; Police Senior Supt. Orlando M. Mabutas, et al. us. Judge Norma C. Perello, A. No. RTJ-03-1817, June 8, 2005) 5) @ Can the prosecutor refuse to prosecute for lack of 8 prima facie case? ‘A: No. Ifthe fiscal is not convinced that a prima facie case exists, he cannot move for the dismissal of the case and, when denied, refuse to prosecute the same. He is obliged by law to proceed and prosecute the criminal action. [esetee] If the fiscal is not convinced that a prima facie case exists, he cannot move for the dismissal of the case and, when denied, refuse to prosecute the same. He is obliged by law to proceed and Prosecute the criminal action. He cannot impose his opinion on the trial court, At least what he can do is to continue appearing for the prosecution and then turn over the presentation of evidence to another fiscal or a private prosecutor subject to his direction and control. (U.S. vs. Despabiladeras, 32 Phil. 442; U.S. vs. Gallegos, 37 Phil. 289) Where there is no other prosecutor available, he should proceed to discharge his duty and present the evidence to the best of his ability and let the court decide the | . CHarreR wy "of Often RULE 110) cu sperita of tHE CARE ON the bass of oat the evidence adduced by both ‘On the other hand, the mere seer edn sn dane eat rotate ra hee cay Sr er Sa ay Sm ym Se cet al, 153 SCRA 867) Sern Prosecuti 6) Q@ What is the duty of the pubtic Prosecutor and the jude? The prosecution and the a» p iudge are mandated to see to it at justice is done, ie, not to ates (a ca tntocent to suffer. © guilty to escape nor the [esseter ] Kt bears stressing that in criminal cases, prosecutor, the Judge and the accused have encros and obligations geared towards the speedy administration of criminal justice. The prosecution and the Judge are mandated co see tot that justice is done, ie, not to allow the guilty to escape nor the innocent to suffer. The Judge should always be imbued with a high sense of duty and responsibilty in the discharge of 4 properly administer justice. He , for the administration of justice is akin to a religious crusade. (People us. Victor C. Subida, GR. No. 145945, June 27, 2006) 7) _Q: What is the scope of the duties of the prosecutor in prosecuting the criminal case? ‘At _In the trial of criminal cases, it is the duty of the public prosecutor to appear for the government and file the necessary information in court, and by law he is duty-bound to take charge hereof until its final termination. Furthermore, under the Rules of Court, “All criminal actions _ either commenced by a complaint or by information shall be _ Prosecuted under the direction and control of the fiscal.” In the -"ure caninttPROCFT ie BENCH AND THE nay 238 oMPREHENSIVE APPRONS ty of the public prosecy uy onecutor Who hag fration in court ig is the di Nor tg of the participation of sg wnat te mae roaecution of criminal action re ey are the complaining witnengey © re handling of the case. 19° its dismissal or revival ag ne do they represent the partiey ‘The wineses, even ft ‘cannot act for the prosecutor ‘have no personality to move ‘are not even parties theret0, Ror the action, [enue] Te is axiomatic that ce prosecution of criminal Cae i the esponabiity of the government prosecutor and MUSt always Seeman ue control. Ths is true even ifa private prosecutor ig clowed toanest him and actually handles the examination of the witnesses and the introduction of other evidence. The witnesses, tren if they are the complaining Witnesses, cannot act for the SON acting ofthe ease although they may ane for the fling of the case, they have no personality to move for its dismissal or revival as they are not even parties thereto, nor do they represent the partes to the action. Their to testify. In a criminal prosecution, the plaintifi by the government prosecutor, or ne acting under his authority and no one else. (Joel B. Caes vs. Hon. Intermediate Appellate Court, etal, 179 SCRA 54) 9) Q: What is the effect if the private complainant's motion for reconsideration does not bear the imprimatur of the public prosecutor? ‘A: The petition will fail ifthe motion for reconsideration did not, Sear the impr f the public prosecutor uho has cone ot the prosecution of the case. m4 urn cution a Pr ue the case of a private complainant, like ofawitness, both inthe criminal and Petitioner's motion for reconsideration lenged CTA Resolution did not bear the imprimatur of Ghe public prosecutor to which the control of the prosecution of the case belongs, the present petition fails, (Bureau of Customs the peter Sherman, etal, G.R. No, April 13, 2011) o) G18 Ht required that prosecutor should be present 10 og the prosecution ofthe criminal ccthons Yes. The duty of the prosecutor to di E for to direct and control the prosecution of criminal cases requires that he must be present Fring the proceedings (ae) ‘The public prosecutor may turn over the actual prosecution ofthe criminal case, inthe exercise of his discretion, but he may, ‘at any time, take over the actual conduct of the trial. However, it is necessary that the public prosecutor be present at the trial ¢ final termination of the case; otherwise, ifhe is absent, be gainsaid that the trial is under his supervision and tamiscal, Jr. vs. Sandiganbayan, G.R. Nos. 140576-99, 13, 2004) 11) Q: What is the effect of the absence of the public prosecutor during the prosecution of the criminal action? ‘A: It follows that the evidence presented by the private prosecutor at said hearing could not be considered as evidence for the plaintiff, the People of the Philippines. There was, therefore, no evidence at all to speak of which could have been the basis of the decision of the trial court. In the present case, although the private prosecutor had previously been authorized by the special counsel Rosario R. Polines to present the evidence for the prosecution, nevertheless, in view of the absence of the City Fiscal at the hearing on~ fINAL PROCEDURE °° sconmmenene SNH ORE BENOHAND Tg December 13, 1974, it cannot be said that the Prosecution 3 the case was under the control of the City Fiscal. luton Moreover, as aptly observed by the Solicitor Genera to permit such prosecution of a criminal case by the priv Prosecutor with the facal in absentia can set an obnosian® Precedent that can be taken advantage of By some indo.’ members ofthe prosecuting arm ofthe government a5 weil those who are oblivious of their bounden duty t0 see toi cally that the guilty should be convicted, but that the inngcoot should be aoquitted — a duty that can only be effectively ant Sincerely performed if they actively participated in the conduct «t the case, especialy in the examination ofthe witnesses and qt Presentation of documentary evidence for both parties. (Peopie 5. Beriales, 70 SCRA 361) 12) Q: What is the effect of failure to implead the Peopig of the Philippines in a petition for certiorari? ‘A: The failure to implead an indispensable party is not ground for the dismissal ofan action. In such a case, the remedy is to implead the non-party claimed to be indispensable. [enter] Section 5, Rule 110 of the Revised Rules of Criminal Procedure provides that all criminal actions are prosecuted under the direction and control of the public prosecutor. Therefore, respondent's petition for certiorari before the CA Which failed to implead the People of the Philippines as a party thereto was defective. It mu sed that the true aggrieved Party in a criminal prosecut People of the Philippines ‘whose collective sense of decency and justice has been The Court, however, has repeatedly declared that ‘the {allure to implead an indispensable party is not a ground for the dismissal of an action. In such a case, the remedy is to implead Jpitiative at any Stage of if the petitioner/ plant retuge the order of the cour, Petition f the Petitions G0, GR. No. 2108, i oe be a ree Isrset the Pope fn Ter aad wh ca ‘A: In criminal cases, the People is the re -in-interest proceedings before this Cour, mrt i ent [ester] Based on the records, it appears undisputed that Petitioner ‘has no legal personality toassailthe dismissal ofthe criminal cace Rule 110, Section S of the Revised Rules of Criminal Procedure, te offended party is but S whose interest is limited riminal cases before the Supreme Court, the authority to represent the State is vested solely in the OSG, ‘Thus, in criminal cases, the People is the real party- in-interest and only an represent the People in the criminal proceedings smuch as the private offended party is but secution of offenses, ided party is limited only to the follows therefore, that in criminal 1¢ case against an accused can only be General, acting on behalf of the State. (Jona Bumatay vs. Lolita Bumatay, GR. No. 191320, April 25, 2017)URE CRIMINAL PROC eNCH AND THE Bag 242 mR [A COMPREHENSIVE APPROACH FOF “Appearance of Priv nder 3) Rule on Appearance sein Criminal Cases sutor be allowe 1) Q: When can the private Prosee’ te prosecute? ‘A: In cases where anthem fhe Sh a private prosecutor, te ead of issue in favor of ite prosecutor & See chin he absence of he pute poset Protector me written authority must be ‘submitted to the iar Prior to the presentation of evidence by the private prosecutor in accordance Shan See ye 10 + yon rear, he court MAY SC the wig With this auth« ores tried by private Prosecutors with in the case and in other ¢ we dispensed with. (Par. 4, Part ny the public prosecutor may Trial in Criminal Cases, AM. 15-06-10.SC, Rules on Continuous ‘September 1, 2017) <) Prosecution of the Crimes of Adultery and Concubinage: 1) Q Who are guilty of adultery? ‘Az The persons guilty and the manner of committing the offense of adultery are those mentioned under Art. 333 of the Revised Penal Code. It provides that: “Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if ‘the marriage be subsequently declared void. xx" 2) Q: Who are guilty of concubinage? ‘A: The offense of concubinage is committed by the husband under any of the circumstances mentioned under Art. 334 of the Revised Penal Code. It provides that “Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or, shall have _ CHAPTER Prosecution of # Offenses RULE. 110) 3 Who shall 3) @ Prosecute the 388 rimes of adultery and a: The crimes of adultery and concubinage shall not be Mrosecuted except upon acomplaint fled bythe sflenied cneure Fhe offended party cannot institute criminal proseccnion snthout including the gully parties, if both are alive, nor, in any case, if inctffended party has consented one uieareee he Seti pardoned the (escee Adultery being a private offense, it cannot be prosecuted except upon a complaint filed by the offended spouse who ‘cannot, institute the criminal prosecution without including ‘both the guilty parties, if they are both alive, nor in any case, if hhe shall have consented or pardoned. (Mfilagr io-Teves and ‘Manuel Moreno vs. Hon. Cipriano Vamenta, et al, 133 SCRA 616) 4) Q: What is the nature of the requirement of the filing of a sworn written statement by the offended spouse in case of adultery? A: The compliance with the requirement of a sworn written ‘complaint filed by the offended spouse is a jurisdictional, and not merely a formal, requirement, Under Article 344 of the Revised Penal Code, the crime of adultery, as well as four other crimes against chastity, cannot be prosecuted except upon a sworn written complaint filed by the offended spouse. It has long since been established, with ‘unwavering consistency, that compliance with this rule is a jurisdictional, and not merely a formal, requirement. While in point of strict law the jurisdiction of the court over the offense is vested in it by Judiciary Law, the requirement for a sworn written complaint which is just a jurisdictional mandate sinceen 0 + the prosecutory proceedin, sereise its jurisdiction to try i vs. Hon. Corona oay-Somen® 5) Q¢_ What are the limitations on the Prosecution of ¢,, crimes of adultery? ‘A: The offended party cannot without including the guilty par any case, if the offended party hi pardoned the offenders. titute criminal prosecuti, {both are alive, nop, 9" sented to the offense yr be prosecuted for the crime . cused 8 Site tines she was already divorced by her foreig" of adultery when she was ‘spouse? re as when the fe ‘A: Ifthe marriage does not exist anymore as w1 a husband has divorced the Filipino wife abroad, the complaining party could not be considered as an offended spouse, hence, the complaint he filed must be dismissed. eT The supposed offended party must have the status, capacity or legal representation to do so at the time of the filing of the ‘criminal action. In other words, the marital relationship must still be subsisting. Iit does not exist anymore as when the foreign husband has divorced the Filipino wife abroad, the complaining party could not be considered as an offended spouse. Hence, the Complaint he fled must be dismissed. (Pilapil vs. Ibay-Somera, | 174 SCRA 653) | 4) Prosecution for the Crimes of Seduction, Abduction, and Acts of Lasciviousness: 1) Q: Who shall prosecute the crimes of seducti abduction, and acts of lasciviousness? - Ar Tie lenses of seduction, abduction, and acts of [ascviowsness shall not be prosecuted except upon a complaint | 1) The offended party; i Prosecution of Offenses | (RULE 110) = 2) Her parents; 2) Grandparents 4) Guardian; 5) _Nor, in any case, if the offender has I sated Win dae der has been expressly 6) If the offended party dies or becomes incapacitated pefore she can file the complaint, and she has no known parents, ‘andparents or guardian, the State shall initiate the ori tion in her behalf. eee ind in the third paragraph seduction, abduction, and adultery and concubinage. 2) Q: Whois liable for the crime of acts of lasciviousness? ‘A: The crime of acts of lasciviousness is committed and penalized under Art. 336 of the Revised Penal Code that: “Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either ‘sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.” 3) Q: How is the crime of seduction committed? ‘A: The crime of seduction, whether qualified or simple, can be committed under any of the following manners provided under Arts. 337 and 338 of the Revised Penal Code, which state that: “Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house- servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.em El ‘CRIMINAL PR ‘CH 246 yppenensive APPROACH FOR THE BENCH ANDTHE ayy Aco gree shall by + higher in de on tho shall seduce his sister Or degce;P8eq wpether or not she be @ Virgin OF OVeT eighteen yeane te, Under the provisions of this Chapter, Seduction is ‘The penalty ‘upon any person w : fie the complaint oF informatio, sk other pests, grandparents, or guardian? =" ty i the offended party or her parents, grandparent, A ve guardian, fails to file the complaint, the information filed by 4." public prosecutor is sufficient. [este] If the offended party or her parents, grandparents 4, the information filed by gy eed not be signed by then People vs. Bugtong, 169 ScRy le the com 5) Q: Will the complaint signed by the offended party and her mother be sufficient? ‘A: The complaint signed by the offended party and her mother ‘which was adopted by the Fiscal after the investigation ig sufficient. | The complaint signed by the offended party and her mother which was adopted by the Fiscal after the investigation is sufficient. (People vs. Cuaresma, 172 SCRA 415) ©) Prosecution by a Minor of the Crimes of Seducti Abduction, and Acts of Lasciviousness: 1) Can a minor initiate and prosecute the ‘seduction, abduction, and acts of lasciviousness? Sa A: Yes. The offended be pany, even if minor, has the right t ate the prosecition of he efenses of sedueten eg ee CHAPTER IV mr of Offenses (RULE 110) ‘acts of lasciviousness ing oA independ grandparents, oF guardian, unless she sreapable of doing so the offended party, who is a minor, fail le eee inor, fails to file the + parents; 2) Grandparents; or 3) Aguardian. 3) Qi What is the nature of the right of the above-named person to file the complaint? ‘A: The rightto 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. #) Rules on Prosecution of Children Not Exempt from Criminal Liability: Sec. 9 on the Rules on Juveniles in Conflict with the .M. No. 02-1-18-SC, November 24, 2009) provides for le on children not exempt from criminal liability. It states “Section 9. Procedure for Children Not Exempted from Criminal Liab sound discretion of the court and subject to its supervision, be released on recognizance to the care of the willing and responsible mother or father, or appropriate guardian or custodian, or, in in accordance with Secs. 25 to 29 or, in case of diversion, Secs. 31 to 38 of this Rule.”“Section 10, Determination of Discernment, lly determined by a and whether a child c responsible for essentially antisocial beha COMMENTS: 1) Q: Who shall determine the discernment of the child? AS Discernment is th finally boa Preliminary determined by a social worker ‘Court in the case of a child charged with a non- Qi What are the factors to be consider {scornment of the child? @ Person Who Can File a Complaint for Violation of R.A. 7610: “Bection 27. Who May File a Complaint. — Complaints on casos of unlawful acts committed against the children as enumerated herein may be filed by the following: {a) Offended party; {b) Parents or guardians; {c) Ascendant or coll the third degree of consanguin! (4) Officer, social worker or representative of a licensed child-caring institution; (c} Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman; or {g) At least three (3) concerned responsible citizens where the violation occurred.” relative withinFOR THE BENCH AND THe 5 BAR COMMENTS: aint in case of vio) 1) Qe Who may fle a com Mio RA. 7610? ‘A: Complaints on 69! the children as enumeral (a) Offended party: (bo) Parents or guardit {q)_ Ascendant or collateral relat of consanguinity; (@) Officer, social worker of EPFESENEALIVE Of Tieng, | acts commit es of unlawful d ses nerein may be filed by the fot e ans; ive within the thirg deg Bey child-caring institution; (@). Officer or social worker of the Department of go. Welfare and Development; (Barangay chairman; or (@) Atleast three (3) concerned responsible citizens wher, the violation occurred. h) Prosecution for the Crime of Defamation: 1) Q: Who may file a complaint for defamation? ‘A: No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except atthe instance of and upon complaint fled by the offended party. [ete] A published leter stating that « woman employee had I tionship" with another who is [the] former's “paramour imputes [a] adulterous relationship berweer ne hd Meseion tae hereon cannot be mace out the eworn complaint ofthe oes * Provision of paragraph 4 of Article 36¢ ae eae requires that ifthe dtamation cone Grime against cha s. CHAPTER WW Prosecution of as Prosecution of Offenses (RULE 110) is required. (Laureano Femandi party ee lez us. The Honorable Judge Jaime M. Lantin and the City Fiscal of Quezon City, 74 SCRA 338) 2) Q@ What law shall govern special crimes? ; The prosecution for violation of special laws shall be A; verned by the provisions thereot, “Peis! 'aws shall 6. Sufficiency of Complaint or Information: Sec. 6 of Rule 110 of the Revised Rules of Criminal procedure provides for the rule on the requirements for the Eufficiency of complaint or information. It states that “Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it states 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 date of the commission of the offense; and 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.” COMMENTS: 1) Q When is a complaint or information deemed sufficient? ‘A: A complaint or information is sufficient following: 1) The name of the accused; 2) The designation of the offense given by the statute; 3) The acts or omissions complained of as constituting the offense; 4) ‘The name of the offended party; and 5) The approximate date of the commission of the offense; and the place where the offense was committed, states the;OCEDURT WR THE BENCH AND THE yap sufficient if it state of the offense given 42, the information iS 196735, May 5, 2014) is the rationale for the sufficiency ,, 2) Q@ What information? that the complai en a cee ta tc spac rae mdb comic ome objectives. [enue] ‘The right to be informed of the nature and cause of th ne te ia ened Be imperative that the complaint of accused be complete to meet its information filed agains objectives. As such, an indictment must fully state the elements of the specific offense alleged to have been committed. (People ibe Pangilinan y Crisostomo, G.R. No. 183090, November 14, 2011) 3) Q: What is the main purpose of the requirement that the information should be sufficient? 4 The principal purpose of an Information is to ensure that the ‘accused is formally informed of the facts and acts constituting the offense charged in accordance with the rights of the accused enshrined in the Constitution, and must clearly accurately allege every element of the offense charged, otherwise, it cannot be the basis of any valid conviction ‘The principal purpose of an Inf is acca’ ‘an Information is to ensure that the ed is formally informed of the facts and acts constituting CHAPTER IV on of OF offense charged in accordance with the ri tneprined in the Constitution, Toward £70 of the Rule of Court requires th rely allege every element jccurately very element of the offense charged. Where {he Information is insufficient, it cannot be the basis of any valid conviction. ‘Quimvel vs. People states that the main purpose of requirin enable the accused to suitably prepare his defense because he js presumed to have no independent knowledge of the facts that ie pstitute the offense. ‘The allegations of facts constituting the offense charged are substantial matters and the right of an accused to question his Conviction based on facts not alleged in the information cannot be waived. Andaya vs. People further explained that no matter how conclusive and convincing the evidence of guilt may be, an fgecused cannot be convicted of any offense unless it is charged in the information on which he is tried or is necessarily included therein. (People vs. Dante Cubay y Ugsalan, G.R. No. 224597, July 29, 2019) 4) Q:_ How is the sufficiency of the complaint or informa- tion determined? ‘A: As long as the crime is described in intelligible terms and ity and reasonable certainty that the accused offense charged, then the information is considered sutficient. [ester] As long as the crime is described in intelligible terms and ‘with such particularity and reasonable certainty that the accused is duly informed of the offense charged, then the information sidered sufficient. In particular, whether an information “charges an offense depends on whether the material ts alleged in the complaint or information shall establish the tial elements of the offense charged as defined in the law. n d'etre of the requirement in the Rules is to enable the to suitably prepare his defense. (Jaca vs. People, G.R. No.ne ean tate No. 175602, January 18, 2013° 2013)" 9) Qe whatarethereauiemette tts Soon ere complaint mmust state explicitly na err gr omission constituting an offense and my * eenshing conduct that the penal statute may St mplaint must state explicitly on anne f ing conduct that the penal statute majet aoe eet ease the property which is the subject of theft SSaadtes thc aocused with reasonable certainty ofthe ACCUSAtign es a ean the judgment thereunder of the subsequent prosecution for the offense. It must show on its face, that ifthe alleged facts are true, an offense has been committed. The rule is rooted on be constitutional right of the accused to be informed of the nature of the crime or cause of the accusation against him. He canner be convicted of an offense even if proven unless it is alleged or necessarily included in the Information filed against him. ay general prerequisite, a motion to quash on the ground that the information does not constitute the offense charge, or any offense for that matter, should be resolved on the basis of said allegationg whose truth and veracity are hypothetically committed; and os additional facts admitted or not denied by the prosecution. Ifthe facts alleged in the Information do not constitute an offense, the complaint or Information should be quashed by the cou is Marcos P. Laurel vs. Hon. Zeus C. Abrogar; People and Philippine Jong Distance Telephone Company, G.R. No. 155076, Fe ruary 27, 2006) 4 @ Tarts the effect ifthe information does not allege the facts and acts constituting the offense? oF anlere the Information is insufficient, it cannot be the basis they valid conviction, The allegations. of fate cone nstitutin ‘he offense charged are substantial matters ana the right of an CHAPTER Iv Prosecution of Offenses (RU .cused to question his conviction based on acenformation cannot be waived, ‘ (eam facts not alleged in Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it states the name of the accused, the designation of the offense by the statute, offense; the name of the offended party; the approximate time of the commission of the offense, and the place wherein the offense was committed, (Emphasis supplied) Where the Information is insufficient, it cannot be the basis of any valid conviction. Quimvel vs. People decrees: The main purpose of requiring the elements of a crime to be set out in the Information is to enable the accused to suitably prepare his defense because he is presumed to have no independent knowledge of the facts that constitute the offense. The allegations of facts constituting the offense As further explained in Andaya vs. People: he is_tried or is necessarily included therein. To convict him of a ground not alleged while he is concentrating his defense against the ground alleged would plainly be unfair and underhanded. The rule is that a variance between these evar TH CRIMINA' | FOR THE BENCH AND THE Bap 256 GPPROACH ‘A.COMPREHENSIVE jon and proof adduced mation and ror a negation in the, nial case 8 mat My trial shall be fa! go much 80 that it affecg, Rd cous ban ats ih prejudicial to the ACCU". pante Cubay ¥ Ugsatan, «ii preetancial ghts, POP oR No, 224597, July 2 there is more than one a, eUaeg, rule if 7) Q: What is the ! fense is committed PY more Sane Person, a or om shall ve included in the complaint or information, of them ‘Sufficiency of Complaint a) Objection on the or Information: Q: When should the question on the sufficiency a) information be raised? ey ofcomplaint oF information show ; wn the sufficient A: Defect on the oo ene trial, particularly during ye be raised during the cours arraignment. [eeeters] Its already too late in the day for the appellant to question the euicency of the information. He had all the NT to raise aoe ene during the course of the tial, particularly during his arraignment. He could have filed for & bill of particulars in ‘Mormed of the dates of the alleged rapes, hhose to be silent and never lifted a finger ‘As a result, he is deemed to have toed whatever objections he has and he cannot now be heard PES affirmative relief. Furthermore, objections as to matter ofform or substance in the information cannot be made for the fret time on appeal. (People vs. Charito Isug Magbanua, 319 SCRA 719) to question the information. 2) Q: What is the effect of failure to object on the defect ‘of the complaint or information as regards the identity of the accused? ‘A: Their failure to object to the alleged defect before entering their pleas of not guilty amounted to a waiver of the defect in the Information. CHAPTER Prosecution of Offenses Offenses (RULE 110) 287 a oged defect before entering thei, abiaiver ofthe delet in the Infrae geen amounted that the information was accordingly ameled dering teal to rectify this alleged defect but appellants did not eecment thereon. Moreover, objections as to matters of formes sutctenee jn the information cannot be made for the fist time on appeal, (People vs. Renandang Mamarun (regPNo. 179497, January 25, 2019), 4 Pendatum Ampuan, 3) Q:_ Cam an objection as to form or substance be raised for the first time on appeal? “ ‘A: No. Objections as to matters of form or substance in the information cannot be made for the first time on appeal, and failure to object constitute a waiver. [[easetaw: ] Objections as to matters of form or substance in the {ijnformation cannot be made for the first time on appeal. It js well to note that appellants failed to raise the issue of the defective Information before the trial court through a motion for bill of particulars or a motion to quash the information. Theit failure to object to the alleged defect before entering their pleas of ‘ot guilty amounted to a waiver of the defect in the Information. Objections as to matters of form or substance in the {iInformation cannot be made for the first time on appeal. (People vs, Renandang Mamaruncas, et al, G.R. No. 179497, January 25, 2012)CRIMINAL THOR THE BENCH AND THE BAR = ccowpnenensive APRON A cOMPRE! court dismiss the informay, pellate Pucfects in the informatio, 2% ‘issue ‘t rio dismiss 80d informa ou Preyas not informed of the nate 7 ‘and the basic pring ® Cibleg 4) Q: Can the SPP ‘2 ure to rae ‘A: Yes. The Court MaY Tye A ce appellate stage, BOC ain land cause of the accusat of due process, (este all the atten siant failed to ¢ on ven ifthe accused APPT. court regarding the defect, a tne et may, motu propio dismisg gq at may cause he WAS Mot informe pila eet cusation against him and tye ple 0. Danilo Dela Cry ist him soca a einciples lof due process: (PEO! Cariza, 383 SCRA 410 [2002]) ) _ Lack of Certification ‘of Preliminary Investigation, information is the effect if the 7 Sa st iar vei fe eo arn ae yertifeation is not an essential part of the information “The absence of a certification as to the holding of a prety. inary investigation does not invalidate an information because such certification is not an essential part of the information itself. oor Failure to furnish respondent with a copy of an adverse resolution does not affect the validity of an information thereafter filed even if a copy of the resolution upon which the information is based was not served upon the respondent. (Oden echo us. Sandiganbayan and People, 238 SCRA 116) 2) &, rae should the validity of the information be questioned due’ to defective certification of preliminary investigation? ” AA: Queations as othe validity ofthe information o “ : ity ofthe information onthe ground defective certcaton with respect fo preliminary investigation rust be made ble the accused enters his plea haem — Prosecution of Offenses (RULE 110) the validity of the be th certification already ted to above with respect to preliminary investigation ne he entered a plea of not guilty. He filed his motion to belch only after a half month thereafter. Consequently, when he aufered a plea of not guilty, he thereby waived all objections that junds for a motion to quash, except lack of jurisdi a ee of the information to charge an offense, spec faved his Fight to preliminary investigation. (Romero Es Jon. G. Jesus B. Ruiz, 58 SCRA 779) Name of the Accused: sec. 7 of Rule 110 of the Revised Rules of Criminal procedure provides for the rules on the name of the accused in Fhe complaint or information. It states that: “Section 7. Name of the accused. — The complaint or information must 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 in some other manner to the court, such true name shall be inserted in the complaint or information and record.” COMMENTS: 1) Q How should the name of the accused be stated in the complaint or information? ‘A: The complaint or information must comply with the following rules in naming the accused: 1) State the name and surname of the accused or any appellation or nickname by which he has been or is known;ceDURE: ao oe enna RE HENS NO THE A COMPRENENS! ertained, he mu, be ase . 2) AF snare, corame with a statement that hig described under a fttions name is unknown: ate ay re name of the accused is ia a disclose 3) afte tae name of manner 0 the Cour, yet by lm or appears eed inthe complaint oF Infrmation gy} true name s record. be trap we esignato eases Goering what othe eect of #708 Bie Eetadsed ate momen? | A: Theerroneous designation ofthe name ao ge wl a ‘The erroneous designs! in the information will not vi under the name “Jose” at on his raise U be waives 8 ‘SCRA 216) sion ofthe name of one of the accuseg tiate it. His acquiescence to be treg tage of the case is deemed ta ‘question. (People vs. Martin Cagadas, Jr. etal, 3) @: What is the consequence if another's name ig placed in the information? Information is not defective where another name, not the Aeration 8 te net ca considered merely clerical not substantial. [enue] Information is not defective where another name, not the victim's name, was placed in the information and the error is considered merely clerical not substantial. (People vs. Jose ‘Avellana and Rodolfo Cervantes, 96 SCRA 618) 4) Q: What is the effect if the accused enters his plea under a wrong name? ‘A: An accused who entered a plea of not guilty under a wrong name is estopped from later on questioning court's jurisdiction over his person. Vy cain MER Offenses (RULE 110) aie aa ‘Amendment to insert the real na «mutter of fr an neces fl 28 of secsed is merely 0 entered a plea of not guilty Ender & WTOng name is estopped fom inc? unt’ jurisdiction over his peveee, TO later on questioning erie, etal, 221 SCRA 362)" Peple ws. Romeo Padica y @. Designation of the Offense, te, of Re 0 a ned nao cna = ret ons Nt Rd ma oni “Section 8. Designation of the ‘The complaint or information shail sects’ the designation of the off basa trots aver the acts or omi offense, and specify its COMMENTS; 1) Q How shall the designation of the offense in the complaint or information be made? = the designation of the offense in the complaint or ion it shall: State the designation of the offense given by the 2) Aver the acts or omissions constituting the offense; and 3) Specify its qualifying and aggravating circumstances. 4) _Ifthere is no designation of the offense, reference shall bbe made to the section or subsection of the statute punishing it.tee BE CRIMINAL POR THE BENCH AND THE Bag 282 coupmesEnsivE APRON a ered in impliedly izing The cot nae Sects 8 and offense charged @% S719, Section 8 a eal court R.A. 7610. Under Jaint or information shall stare it ven by the statute, aver the age red that “the compl e gi ‘i we, and specify its qualig' Ving ‘on of the offense S107 “ronstituting the offen: no designatic ions constitu ces. If th ion of th ‘ircum: the section oF subsectg® hall be 1 3 Mimahe case at BAF, appellant yal offense, reference havin, ly 8 camel of the statute punishing it accused in the informati knowledge of his his influence as @ g exter Oe ship to appe "allegea he anni Eth proper desis or a tony should have been qualified rape. (People yg eee er i Vidane, GR. No. 199210, October 23, 2013) ae Designation of the Offense: 1) @ What are the requirements in order to comply with the requirement of designation of the offense? ‘A: An information or complaint must state explicitly ang mm conatituting an offense and must directly every act or omissio allege facts establishing conduct that a penal statute makes criminal. | ‘An information or complaint must state explicitly and directly every act or omission constituting an offense and must allege facts establishing conduct that a penal statute makes criminal; and describe the property which is the subject of theft to advise the accused with reasonable certainty of the accusation he is called upon to meet at the trial and to enable him to rely con the judgment thereunder of a subsequent prosecution for the same offense. It must show, on its face, that if the alleged facts are true, an offense has been committed. The rule is rooted 6n the constitutional right of the accused to be informed of the a) CHAPTER IV Prosecution of Often 63 Offenses (RULE 110) : he crime or ea owt tse ofthe accusation against him. He nasnot be convicted of an offense even goes ye Sheged OF ies included in the Information filed against Fis dats Maes uurel us. Judge Zeus C. Abrogar, et al., GR. Mo. 155076, February 27, 2006) wien 2) @ How is the real nature of the charge determined? 1 The real nature of the criminal xi L charge is determined not from the caption or the Preamble of the information nor from the specification of the provision of law alleged to have been violated, put from the actual recital of the facts as alleged in the body of the information. (ae=] Relationship of the victim with the accused is not sufficiently alleged in the information when it appears only in the preamble ‘or caption, and not in the body of the information. It has been hheld in the case of Buhat vs, Court of Appeals, 256 SCRA 701 at 716-717 [1996] that the real nature of the criminal charge js determined not from the caption or the prea information nor from the specification of the provision of law alleged to have been violated, but from the actual recital of the facts as alleged in the body of the information. (People vs. Amado Isla, Jt., 382 SCRA 662 [2002}) 3) Q: When is an information valid? ‘A: An information is valid as long as it distinctly states the statutory designation of the offense and the acts or omissions constitutive thereof. ‘An Information is sufficient if it states the statutory jgnation of the offense and the acts or omissions consisting ‘same, since, in rape cases, time of the commission of the is not a “material ingredient” of the offense. Therefore, fed cannot be convicted of a crime with which he has not "been charged even if the evidence shows that he committed the same. (People us. Artemio Soriano, 383 SCRA 676 [2002}) es |264 [A COMPREHENSIVE: Acts or Omission Constieuing the Offense; .tionale for the requirement that 1g a a wet . signe ao se Teal enn asin conviction based on facts not alleged ls be waived Where the Information is insufficient, i€ cannot be the bay, of any valid conviction. ‘Quimvel vs. People decrees: the elements of ‘The main purpose of requiring 8 crime to be set out in the Information is to enable the accusey to suitably prepare his defense because he is presumed ¢4 have no independent knowledge of the facts that constitute the offense. The allegations of facts constituting the offense ‘charged are substantial matters and the right of an accused ‘information cannot be waived, As further explained in Andaya vs. People: ‘No matter how conclusive and convincing the evidence of guilt may be, an accused cannot be convicted of any offense unless it is charged in the information on which he is tried or is necessarily included therein. To conviet him of a ground not alleged while he is concentrating his defense against the ground alleged would plainly be unfair and underhanded. The rule is that a variance between the allegation in the information and proof adduced during trial shall be fatal to the criminal case if it is material and prejudicial to the accused so much so affects his substantial rights. (Emphasis added) (People us. Dante Cubay y Ugsalan, G.R. No. 224597, July 29, 2019) tthe norman ; CHAPTER wy Presecition ote RULE 1 265 ; What is the 2) mation the elemen na PPO of jaform © slements constituting the onsen ' th he is concent plainly be unfair and underhanded. The rule is that a variance between the allegation in the information and proof adduced during trial shall be fatal to the criminal case if it is material the accused so much so that it affects his (Mice S. Andaya vs. People, G.R. No, 168486, June 27, 2006) 3) Q: What is the objective of alleging the particulars of the indictment? ‘A: _ The requirement for complete allegations on the particulars of the indictment is based on the right of the accused to be fully informed of the nature of the charges against him so that he may adequately prepare for his defense pursuant to the constitutional requirement of due process. ‘The omission in the information of a specific averment of the victims age at the time the offense against her was committed oe ee ee)at conn RTTORTHE HEN OTH Dy cours ialty of death of supreme Pen! on of ol oa mre of th i ature his defense PUTSuant tq" in e of the ni particul Pe fully informed of ¢ * fequately prepejue process. (People vs. Bara that he constitutional reaquireMe®! 55 0, 626 SCRA 527) GR No. 179498, Aug! ene tnformation that that ‘and feloniously commigye® 1 that the in the information accu, Ne. The sategaton eoniously commit serual abuse = “willfully, unlawfully 67 sent averment of the acts constitutin, Sm et Rule 110, for these TFS Ghense as required under Sectio? conclusion of law, not facts: mation that the accused “willfully, ‘sexual abuse on his daughter mously comzit ; unlawfully and eng tng act of lasciviousmess On hee ianot opus ‘averment of the acts constituting the offense a required under Section 8, Rule 110, for these are conclusion of lew, not facts. (People vs. Danilo dela © iW Cariza, $89 SCRA 410 (2002) ¢) Qualifying and Ageravating Circumstances: 1) @Q: What is the rule in case of existence of qualifying ‘and aggravating circumstances? ‘A: Aninformation tobe sufficient must contain all the elements required by the Rules on Criminal Procedure. The aggravating, as well as the qualifying circumstances, must be expressly and specificaly alleged in the complaint or information. An information to be sufficient must contain all the elements Tequired by the Rules on Criminal Procedure. In the crime of - cuunrren wy Prosecution of sho be to Pt ated murder merely alleged are erat ly the qualifying circumstance of premeditation. People vs. Mardy Aquino, Mario Aquino, frecto Aquino, Inyong Narvante, Romy Femandez, Felix Saplan, Fonifacio Caguioa, and Juanito Aquino, GR. No. 203435, April 41, 2018) ; What is the importance of alleging aggravating 9 @ eof va 2) cumstances in the information? ‘a: Every aggravating circumstance being alleged must be Alated in the information and failure to state an aggravating ‘Sreumstance, even if duly proven at tral, will not be appreciated as such. Itshould beremembered thatevery aggravatingcircums' being alleged must be stated in the information. Failure to gn aggravating circumstance, even if duly proven at fot be appreciated as such. It was, therefore, incumbent on the prosecution to state the aggravating circumstance of “wearing fnasks and/or other forms of disguise” in the information in order for all the evidence, introduced to that effect, to be admissible by the trial court. (People vs. Danilo Feliciano, Jr, et al., G.R. No. 196735, May 5, 2014) 3) Q: Is it required that the exact age of the minor be stated in the information for rape? ‘A: Yes. The allegation in the Information that the rape victim was the minor daughter of the accused is a matter of law insufficient to alert the accused as to the exact nature of the rape ited to him, and to do so would be to allege a conclusion of ‘law to which the plea of not guilty joins no issue.pRoceDURE au AL PRO TIE BENCH AND THE Bap cantina PRO oes ENE APRON 285 comPREHENS The allegation nfo rhea nec St ace a Freire accused wd the Crtrege a conclusion oft tel ease ld ee Se asta whch the ey of 0 yal ae Pn minor ged a wipe averred i a Manner fon understan ae a praonofcommon ine aria Mascaras, 382 Sc 345 ing. chan ged. (People p2002)) 4 @ relationship be Jroumstances of minority and relations, A sted in A ‘935 of the Revised Penal _ a8 amenda? ena a i Oe wc ma the information and duly proven by the P stances of minority and relationship mentioneg on Th curate a a amen Special qualifying circumstances which must be alleged in the information and duly proven by the prosecution in order te warrant the imposition of the death penalty. As required by Section 3, Rule 129 of the Rules of Court in any other matters such as age, hearing is required before courts can take judicial notice of such fact. (People us. Eduardo Metin, 403 SCRA 105 /2003}) that the rape vic fatter of law inguit y nature of the rape im, len, Pate ino issue. In the instane “to fave been asserted — tig “6, iy the pleading require " circumstances of minority 4,4 tn ie required that creumetti alleged in the 5) Q: Is it required that aggravating circumstances of nocturnity and treachery be alleged in the information? ‘A: Yes. The aggravating circumstances of nocturnity and treachery must be alleged in the information, otherwise, they cannot be considered against the accused even if they are proven during the trial. - prosecuin, CHAPTER ee) ution of Offenses (RULE 110) cae) ‘The Regional Trial Court erred. in appreciating. the avating circumstances of noctura chery whic agFe not specifically alleged in the information Sennere Bona 9 of Rule 110 of the 2000 Revised Rules on Criminal Procedure provides that aggravating circumstances must be alleged in the faformation, otherwise, they cannot be considered against the Eecused even if they are proven during the trial. (People vs, Ricky zadiana y Davao and Antonio Manuel Uy, G.R. No. 174660, May 30, 2011) 6) Q Is it required that the relationship “by affini 8 Saag Stee toni, oy, aay joformation? ‘a: Yes. If the offender is merely a relative not a parent, ascendant, stepparent, or guardian, or common law spouse of the mother of the victim — it must be alleged in the Information that he is “a relative by consanguinity or affinity” within a certain degree. [esetew ] If the offender is merely a relative not a parent, ascendant, stepparent, or guardian, or common law spouse of the mother of the victim — it must be alleged in the Information that he is “a relative by consanguinity or affinity (as the case may be] within the third civil degree.” (People us. Libo-on, G.R. No. 136737, May 23, 2001, per Gonzaga-Reyes, J.; People vs. Banihit, 339 SCRA 86, 96, August 25, 200, per Ynares-Santiago, J. — both citing People us. Ferolino, 329 SCRA 719, 735, April 5, 2000, per Davide, GJ) Moreover, even if the relation by consanguinity or affinity is alleged in the Information, it is still necessary to allege further that such relationship is within the third civil degree. . .” (People us. Capt. Marcial Lilantoy y Leuterio, 395 SCRA 473 [2003}) 7) Q: Will the mitigating circumstances for the purpose of lowering the penalty be appreciated in crimes of reckless imprudence under Art. 365 of the Revised Penal Code? ‘A: No. The mitigating circumstance of voluntary surrender cannot be appreciated in his favor. Paragraph 5 of Art. 365,270 Revised Penal Code, XPress ge their sound d of the penal te cour prescribed in Art. 64 ofthe Revs without reg Penal Code [e ‘er's insistence, the mit the petition Babe sop Comerety ‘surrender cann Y Particle 365, Revised Penal the rules presribed in Arte 9 reo oe I SATS gunrofene®Penaliced und? Artic in the igness, smprudence oF negligence wh je 365, the careless Tay valy f0M One situation yg ad resulting consequences, and jy 4 © pea fair and just application of the pena or ren es een fhe cours iy what We may call the mathematica formuly provided for in Article 64 of the Revised Pei ‘ode. On the Provides sie particular provision, the tial court was not boung eoeaiy paragraph 5 of Article 64 in the instant case even if appellant had two mitigating circumstance in his favor with no seetrating circumstance 10 offset them."(Reynaldo S. Mariang oS People, G.R. No, 178145, July 07, 2014) Can the accused be convicted of a crime not 8 @ charged in the information? ‘A: No, The omission is not merely formal in the nature since Goctrinally, an accused cannot be held liable for more than what he is indicted for. [enue] In the case under scrutiny, the information does not allege the minority of the victim. Although the same was proven during the trial as borne by the records. The omission is not merely formal in the nature since doctrinally, an accused cannot be held liable for more than what he is indicted for. It matters not how conclusive and convincing the evidence of guilt may be, but another, in nature, extent, curren, Prosecution of Oteres Mensa RULE. 110) a as the right to be which he is charged be! a) Reference as to Action the Statute: eeercoen an ‘When can reference to the acti alleged in the information? = "section oF fe only when th A; It is only when there is no apectc name given to the As 0 cele ses eo ecte ame, gen te punishing it may be made, and this actually applies to offenses Pider special laws. Only the designation of the offense given by the statute is, necessary —it is only when there is no specific name given to the offense that reference to the action or subsection of the statute punishing it may be made, and this actually applies to offenses Ender special laws. (People vs. Bemabe Gutierrez y Gutierrez, 403 SCRA 178, [2003)) 9, Cause of Accusation: ‘Sec. 9 of Rule 110 of the Revised Rules on Criminal Procedure provides for the rule on the manner of alleging the cause of accusation. It states that: “Section 9. Cause of the accusation. — The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient ‘a person of common understanding to to enablepDURE ‘A COMPREHENSI 14 a8 well as i is being charge s Aenow what offense Ang circumstance And for qualifying and Stunce judement: COMMENTS: ow anould the cause of eeuention Be alleged j, = jnformation? ed of a8 constituting the court to 1) the complaint oF ‘A: The acts or omissions comping caoardbtance Affense and the qualiffing 204 eT ard not necessaest ind concise language in ordinary and Psratute but in terms sufficient - 7 a yr eee ioe i a is being charged. [enue] Ie is evident that the Inform the offense. The test is whether ig eee ices on gs how cha! i On ho nh er When is an information valid as to designation of mation need not use the exacy the acts oF omissions 2 @ the offense? ‘A: An information is valid as long as it distinctly states the sKanutory designation of the offense and the acts or omissions constitutive thereof. ‘An information is valid as long as it distinctly states the statutory designation of the offense and the acts or omissions constitutive thereof. (People us. Alba, G.R. Nos. 131858-59, April 14, 1999, 305 SCRA 811) no OT, 273 Prosecution tion of Offenses (RULE 110) @:_ How can the suttete accusation Be Secon, of the Information as to ay ligne nyt tt pon the court can decide the matter according to law, the inevitable The Rules of Court requires that the Information allege ultimate facts constituting the elements of the crime charged, with the end that the accused is informed of the nature and Squse of the accusation against him. 3) 20x. ‘The Court finds that the Informations sufficiently allege Section 3(e) of R.A. 3019. While the the elements for vi words used vary, the imy ‘leged therein were performed by the p ‘and that the same necessarily related to his functions as Mayor. Similarly, the Court finds no merit in the petitioner's submissions that the second and third elements of the offense, previously enumerated, are not present. To merit conviction under Section 3(e) of R.A. 3019, it is not enough that undue injury was caused, the act must be performed through manifest partiality, evident bad faith, or gross inexcusable negligence. (Albert G. Ambagan, Ur. vs, People, G.R. Nos. 233443-44, November 28, 2018) 4) Q: What is the test in determining the sufficiency of the cause of accusation? ‘A: The test in determining whether the information validly charges an offense is whether the material facts alleged in the complaint or information will establish the essential elements of the offense charged as defined in the law. ‘An essential component of the right to due process in criminal proceedings is the right of the accused to be sufficiently informed of the cause of the accusation against him. This is tioner in pursuance of,: cg ee ay Es [A COMPREHENSIVE I ea SEC. 9. Cavs mpl — The ‘Accusation acts se, of aaitating the offense ang ot a fas matances TUR be agi at age and MO! Necessary Granary and concise ME dte but in terms suthcie the language used i Ne mmon understanding to ten! das ell a8 it8 qualifying go to enable a perso Fand forthe €oUrt t0 Pronoun what offense is being Chart Napravating ocumstance Judgment. sry element of WhICh the offen, Its fundamental thal ST nformation. No Information is composed must be ale does not accurately and cleariy for coments ofthe erme charBed. The or Aer ing Siether the information validly charees formation nt whether the information wae Smplaint or information wa the material facts alles the offense charged "a! fon, matters aliunde are ;.* this is to the law in requiring enable considered. The Purpose ofr anis defense, a8 he is presumeg the accused suitably Tor knowledge of the facts that constitute Sette pew 1a oo 2087, Ober 205 5) @: What is the rule regarding generic aggravating circumstances? ‘A: A generic aggravating circumstance will not be appreciate by the court unless alleged in the information. [eneter:] A generic aggravating circumstance will not be appreciated by the court unless alleged in the information. This requirement is laid down in Sections 8 and 9 of Rule 110 Revised Rules of Criminal Procedure, which took effect on December 1, 2000 (People us. Rosendo Rebucan, G.R. No. 182551, July 27, 2011, Leonardo-De Castro, J.) ©) Q: What is the effect in case the aggravat circumstance is not alleged in the information? = A: "Failure to state an aggravating circumstance, even if duly Proven at trial, will not be appreciated as such, CHAPTER I 7s Prosecution of Offenses (RULE 110) . am Itshould beremembered thatevery aggravatingcircumstance peing alleged must be stat he information, failure to state aggravating circumstance, even if duly proven at trial, will pot be appreciated as sucl therefore, incumbent on the prosecution: to state the agar: ing circumstance of “wearing pgsks and/or other forms of disguise” in the information in ordet for all the evidence, introduced to that effect, to be admissible py the trial court. (People us. Danilo Feliciano, Jr, et al., G.R. No. 796735, May 5, 2014) 7) Q: What is the effect of failure to allege recidivism in {he information? ‘a: The aggravating circumstance of recidivism was not alleged jn the information and therefore cannot be appreciated against appellant. [ete] ‘The aggravating circumstance of recidivism was not alleged in the information and therefore cannot be appreciated against appellant. (People us. Francisco Dacillo y Timtim alias Dodoy, et al, GR. No. 149368, April 14, 2004) 8) Q: What is the effect if the aggravating circumstance is alleged in the information? ‘A: Award of exemplary damages is justified if an aggravating circumstance, either qualifying or generic, accompanies the crime. ‘The Court of Appeals deleted the trial court’s award of exemplary damages on the ground that no aggravating circumstance was established in evidence. This Court, however, has ruled that an award of exemplary damages is justified if an aggravating circumstance, either qualifying or generic, accompanies the crime. In the case at bar, the qualifying circumstance of evident premeditation was duly alleged in the ition and proved during trial. Therefore, in line withPROCEDURE = can AO HE BENCH AND THE yy PS. COMPREHENSIVE APPRO' the trial Court's ay, we reinstate the tal COUT ay, current jurcpradence, #° TPS ary cares he amount of 730,000.00 85 EP Ng, 191256, Septem the victim. (People 1s. Gary Al ts 2013) ¢ must be proved with ce | ‘As The qualifying cium me itself, otherwise, thepe Wal certainty and clearness Lo a car the crime in its qualified form, cn v Sime ints bene concton of Sy merely of er testimony. wc cann y by that of her father, Neither can stipulation A ‘age be considered sufficient proof of ‘Sitao, 387 SCRA 701 [2002)) 10) Q@ How is the nature of the criminal che,,, determined? is determined ‘A: The real nature of the criminal charge is = from the caption or preamble of the information but by the actual recital of the facts in the complaint or information, [eeseters ] Entrenched in jurisprudence is the dictum that the real nature of the criminal charge is determined not from the caption from the specification of the sw alleged to have been i flaw, but by the actual r ‘complaint or information. (Silverina E. Consigna us. People, The Hon. Sandiganbayan (Third Division] and Emerlina Moleta, G.R. No. 175750-51, April 2, 20 CHAPTER wy Prevecston of Oma RULE 19) a Sec. 20 of Rule 110 of the Revised Rules on Proce sonse, I tates ate? OF the pace ofthe commission Pripe offense It states that. “Section 10. Place of commission of the paint sufficient if it can be understocd mee” ih COMMENTS: 1) Q@ How should the place of the commission of the offense be alleged in the complaint or information? ‘A: The complaint or information is sulficient if it can be understood from its allegations that: 1) The offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court; 2)" Unless the particular place where it was committed tial element of the offense charged or is necessary for its identification. “Sec. 11. 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Acowt of the offense, Te been commit ton. the actual date of 1&8 commis COMMENTS: date of the commission 1) Q: How should complaint or information? ° thy offense be alleged i the date of the, ‘A: Therulestobefollowedin allesin6: SOmMisgig, of the offense are as follows ; to state in the complain, is mot necessary 9 ne comPlaing z he offense was committed ext, nthe precise Oat of the ofense Seep is a material or date of The precise time of rolaint or information, unlege** need not be alleged in the cOmP Reed ot nial element of the crime charged: (Pe0Ple US. Avetin, Latag, 418 SCRA 122) 2) The offense may be a date as near as possible to the | rides that it is Section 11 of the same Rule also provi Nea in the complaint or information the precise Gate the offense was committed except when the date of Commission is material element of the offense. The offense may ‘possible to the actual date of its commission. x x x Peope Canares, G.R. No. 174065, February 18, 2009) alleged to have been committeg ‘actual date of its commission” ‘a) Rule on the Allegation of Time in the Commission of Crime: 1) Q: What is the nature of the allegation of time in the commission of an offense? ‘A: The allegation of time when an offense is committed is a matter of form, unless time is a material ingredient of the offense. ca tTERY fon of Offenses (RULE 1 10) ” ‘The allegation of time whey tion an off even necessary to offense was comm cient that the act, any Sommitted as the Comp! ys. Court of Appeals and Peopi which the offense was. ion. (Dennis T. Gabionza SCRA 759 /2001)) 2) Q What is the effect of variance between th ice n the time alleged in the information and that on trial? established by evidence ‘A: Avariance between the time set out in the indictm that established by the evidence during trial does not cons fan error 80 serious as to warrant reversal of a conviction sole on that score. conviction solely [essetee ] ‘The mere fact that the date alleged in the Informati different from the one eventually estab i not invalidate the Information. It i where the date of commission is not a material certainty in the information. The Rules of merely requires, for the sake of informing an accused, that the date of commission be approximated. Since the date of ‘commission of the offense is not required to be alleged with such prosecution. Instead, allegation in the int is just deemed supplanted by the ‘evidence presented during the trial or may even be corrected by a formal amendment of the information. ‘The only instance where the variance in the date of ission of the offense as alleged in the information and as ished in evidence becomes fatal is when the discrepancy so great that it induces the perception that the informationRI SOR THE BENCH ANI 280 ve APPROACH FOR THE BENCH AND THE Ray. A.COMPRBNENS! taining €0 One and the longer Pe! log, G.R. No, 98% Daguno y Codog * 2355 and the evidence are offense. ( wo March 4, 2020) sett the time of the commission of the an 3) @ When : ot ape be eeental? A: Thetimeofthecom ‘only when it creates seriou! rape or the sufficiency of the in People v, Cantomayor, 441 Phi Court explained wi f the commission of the VE e time of U i cr Becomes relevant (My when it cretes serious doubr qa assumes importan sufficiency of the eviden the i cen Paco rand eg the complainant 's narration practically hinge * a date of te commission of the crime. (People us. Noel Dion, G.R. No. 187935 July 4, 2011) 4) Q:. Is time an essential element in statutory rapep ime assum jon of the crim MGoubt as to the Commission 9: ‘coidence for PUTPOSCS Of cony; il 840 (2002), the Supra, me CC fox ime is not an essential el ‘A: No, In statutory rape, time is no ne except to prove that the victim was a minor below 12 years of age at the time of the commission of the offense. [ene ter: ] This Court has likewise repeatedly held that the date of the commission of rape is not an essential element of the crime, It is not necessary to state the precise time when the offence was committed except when time is a material ingredient of the offense. In statutory rape, time is not an essential element except to prove that the victim was a minor below twelve years of age at the time of the commission of the offense. Therefore Biven the victim's established date of birth on the basis of the cridence adduced, she was definitely short of 12 years of age Pen the crime of rape was committed against her. (People me Porfero Balino Alias “Toto,” G.R. No, 194833, July 2, 2014) ns CHAPTER w ]oseeuton of Offenses (RULE 110) Q: Are discrepancies in details as to t er hin commission of the crime a ground fay scene No. Discrepancies in details wh; nts of the crime, such as the exay are irrelevant to the i¢ of the commission cle crime, Are no ground or ae — Discrepancies in details which are irrelevant t of the crime, such as the exact time of the com crime, are not grounds for the acquittal, (People vs. Escano, 194 ‘SCRA 101) Rule on the Allegation of Date in the Commission of the Crime: ») 1) Q: What is the reason for the rule that the date of the commission of the crime must be sufficiently and definitely alleged in the information? A: The requirement that the date of the commission of the crime be sufficiently definite or certain, is in consonance with the constitutional demand for due process, and to fully apprise the accused of the charge in order to allow him to amply prepare for his defense. The requirement that the date of the commission of the crime be sufficiently definite or certain, is in consonance with the constitutional demand for due process, and to fully apprise the accused of the charge in order to allow him to amply prepare for his defense. The time averred in the Information would only need, unless the precise time of the commission of the offense is an essential clement thereof, to meet two criteria — 1) it is as near to the actual date of commission of the offense as the complaint or information of the prosecuting officer will permit; and 2) the time ultimately proved should be as so alleged in the complaint or information. (People us. Antonio Roque, 387 SCRA 274 (2002})