Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Prosecution of Offenses Materials: Ballpen, Paper & Notebook

Lesson Objectives
At the end of the module, students will be able to:
1. Determine and identify how criminal actions are
instituted or filed.
2. Internalize the concepts of prosecution of a civil action
arising from the criminal actions
References:
1. Willard B. Riano, Criminal Procedure
(The Bar Lectures Series), Copyright
2011 by REX Book Store, Inc.
2. Herrera, Remedial Law, Vol. IV
(Criminal Procedure), Copyright 2007
by Rex Book Store.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn in this second module today? Great! Our topic is entitled “Prosecution of
offenses Rule 110 of the Revised Rules of Criminal Procedure. The objectives are that you will be able to
determine and identify how criminal actions are instituted or filed; contrast complaint from information including
its requisites or elements; internalize the concepts of prosecution of a civil action arising from the criminal
actions; and the effects of the existence of prejudicial questions in the criminal actions.

B. MAIN LESSON
Activity 1: Content Notes (30 mins) I believe you are quite excited to know about the rules of institutions of
criminal. The elements of the complaint, information, and prejudicial question. But before that, let us know first
how criminal action is instituted and other significant topics under rule 110 of the Rules of Courts. Let’s get
started!

1. How are criminal actions instituted?

⮚ Criminal actions shall be instituted as follows:
a. For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

b. For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor
unless otherwise provided in their charters (Sec. 1, Rule 110).

⮚ Note:
● The filing of a complaint for purposes of preliminary investigation starts the prosecution
process.
● A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for
purposes of preliminary investigation or for commencement of the criminal prosecution.

2. State the effect of the filing of a criminal action on the period of prescription of offenses?
⮚ 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 (Sec. 1[3], Rule 110); Zaldivia vs. Reyes,
211 SCRA 277).

⮚ Note: Unless otherwise provided in special laws. Act No. 3323 governs the prescriptive periods of
violations of special laws, or offenses other than those penalized under the Revised Penal Code.

3. State the form of the complaint or information.

⮚ The complaint or information shall be in writing, in the name of the People of the Philippines and
against all persons who appear to be responsible for the offense involved. (Sec. 2, Rule 110).

⮚ Note: In the prosecution of the crime, the victim/offended party shall be represented by the
prosecutor based on the principle that the act or omissions are punishable by law when committed
are always against the public interest, and not only against the individuals. It is for this reason that
in criminal proceedings the caption of the case is in the name of the "People of the Philippines
versus a Particular Person(s)".

4. Who is the real offended party?

⮚ The People of the Philippines, but since the crime is also an outrage against the offended party, he
is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein.

5. Define a complaint and information

⮚ 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 (Sec. 3, Rule 110).

⮚ Information is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and filed with the court (Sec. 3, Rule 110).

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

⮚ Note:
● The complaint as defined under Section 3 is different from the complaint filed with the
Prosecutor’s Office. The complaint filed with the Prosecutor’s Office, is the complaint filed
to initiate a preliminary investigation.
● A complaint may be directly filed in the MTC, provided that in Metro Manila and in chartered
cities, the criminal action may only be commenced by the filing of information, which means
by the prosecutor, except when the offense cannot be prosecuted de officio as in private
crimes.

● Information is different from a complaint in that a complaint which requires that it be under
oath and is filed either in the MTC or with the provincial/city prosecutor’s office, the
information does not have to be under oath and is always filed in court. All that is required
is that it be subscribed or signed by the fiscal or prosecutor, which is an indispensable
requirement.

6. Who must prosecute criminal actions?

⮚ All criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial
Courts when the prosecutor assigned thereto or to the case is not available, the offended party, any
peace officer, or public officer charged with the enforcement of the law violated may prosecute the
case. This authority shall cease upon actual intervention of the prosecutor or upon elevation of the
case to the Regional Trial Court. (Sec.5, [1], Rule 110).

7. May the prosecutor be compelled to include in the information one whom he believes no sufficient
evidence exists? Why?
⮚ Prior to the filing of the information in court, the prosecutor has full control of the case. He decides
who should be charged in court and who should be excluded from the information. A prosecutor
has discretionary power whether to prosecute the case or not and such he cannot be: (a) compelled
to file a particular criminal information; (b) the court cannot interfere with the fiscal’s discretion and
control of criminal prosecution; and (c) the court cannot compel the fiscal to prosecute or file
information within a certain period of time.

⮚ Note: However, his decision on the matter is subject to review by: (a) the Secretary of Justice who
exercises supervision and control over his actions and who may sustain, modify or set aside his
resolution on the matter; and (b) In appropriate cases, by the courts when he acts with grave abuse
of discretion amounting to lack of jurisdiction.

8. When may a private prosecutor prosecute a criminal action even if the public prosecutor is absent?
⮚ A private prosecutor is allowed to actively handle the conduct of the trial only where the civil action
arising from the crime is deemed instituted in the criminal action. Public Prosecutor must be present
during the proceedings and must take over the conduct of the trial from the private prosecutor at

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This document is the property of PHINMA EDUCATION
 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

any time the cause of the prosecution may be adversely affected. Thus, where the prosecutor has
turned over the active conduct of the trial to the private prosecutor who presented testimonial
evidence even when the public prosecutor was absent during the trial, the evidence presented could
not be considered valid evidence of the People. However: this rule applies only to courts which are
provided by law with prosecutors, and not to municipal courts which have no trial prosecutors, in
which case the evidence presented by the private prosecutor can be considered as evidence for
the People.

⮚ Note: Under an amendment made by the SC effective May 1, 2002, Rule 110 Section 5 now
provides that “All criminal actions either commenced by complaint or by information shall be
prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule
of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to
prosecute the case subject to the approval of the court. Once so authorized to prosecute the
criminal action, the private prosecutor shall continue to prosecute the case up to the end even in
the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn."

9. Who and how shall the crimes of adultery or concubinage be prosecuted?

⮚ The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by
the offended spouse. The offended party cannot institute criminal prosecution without including the
guilty parties, if both are alive, or, in any case, if the offended party has consented to the offense or
pardoned the offenders (Sec.5, [2], Rule 110.

10. What is the reason behind the rule that the offended party should be the one to commence a complaint
for adultery and concubinage?
⮚ The reason is that offended might elect to suffer the outrage in silence rather than go through the
scandal of a public trial. (People vs. Tañada, 166 SCRA 361[1988]).

⮚ Note: The term “Private Crime” in reference to felonies which cannot be prosecuted except upon
complaint filed by the aggrieved party is misleading. Fare from what it implies, it is not only the
aggrieved party who is offended in such crimes but also the State. Every violation of penal laws
results in the disturbance of public order and safety which the state is committed to uphold and
protect. If the law imposes the condition that private shall not prosecuted except upon by the
offended party, it is out of consideration for the aggrieved party who might prefer to suffer the
outrage in silence rather than go through the scandal of a public trial. Once a complaint is filed, the
will of the offended party is ascertained and the action proceeds just as any other crime.

11. Once the complaint is filed, does death of the complainant in a crime of adultery extinguish the criminal
liability of the accused?
⮚ The participation of the offended party in private crimes is essential not for the maintenance of the
criminal action but solely for the initiation thereof. Any pardon given by the complainant or her death
after the filing of the complaint would not deprive the court of the jurisdiction to try the case.
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

12. Who and how shall the crimes of seduction, abduction, or acts of lasciviousness be prosecuted?
⮚ The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted upon a
complaint filed by the offended party of her parents, grandparents or guardian, nor, in any case, if
the offender has been expressly pardoned by any of them. If the offended party dies or becomes
incapacitated before she can file the complaint, and she has no known parents, grandparents or
guardian, the State shall initiate the criminal action in her behalf (Sec.5, [3], Rule 110).

13. What is the doctrine of Parens patriae?

⮚ It has been described as “declaring the State to be the ultimate guardian of every child.” The
doctrine serves as both a sword and a shield for juvenile rights. Thus, if the offended party dies or
becomes incapacitated before she can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the criminal action in her behalf

14. May a minor initiate the prosecution of the crimes of seduction, abduction, or acts of lasciviousness?
⮚ The offended party, even if a minor, has the right to initiate the prosecution of the offenses of
seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right
to file the action granted to parents, grandparents, or guardian shall be exclusive of all other persons
and shall be exercised successively in the order herein provided, except as stated in the preceding
paragraph (Sec.5, [4], Rule 110).

15. Who can file an action for defamation?

⮚ 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
(Sec.5, [5], Rule 110).

16. When a complaint or information is considered sufficient?

⮚ 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 (Sec. 6, Rule 110)

17. State the requirement when alleging the name of the accused in the information or complaint.
⮚ The complaint or information must state the name and surname of the accused or any appellation
or nickname by which he has been or is known. If his name cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is unknown (Sec.7, Rule 110).

18. If the accused in named under a fictitious name and his name is discovered during the trial, what is the
procedure?
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

⮚ 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 (Sec.7, Rule
110).

19. What is the remedy of a person who is accused under a wrong name or identity?
⮚ The remedy of a person if he is charged and there is error as to his identity is to file a motion to
quash on the ground of lack of jurisdiction over his person (People vs. Narvasa, Phil, 738).

20. State the fundamental requirements in the designations of the offenses charged in the complaint or
information?
⮚ The complaint or information shall state the designation of the offense given by the statute, aver
the acts or omissions constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference shall be made to the section or
subsection of the statute punishing it (Sec. 8, Rule 110)

21. State the reason why both qualifying and aggravating circumstances must be alleged in the information?
⮚ The reason for the rule is the constitutional guarantee that the accused must be informed of the
nature of the accusation against him (People vs. Elona, G.R. Nos. 146352-56, September 10, 2002)

22. When is the allegation as to the place of the commission of the offense sufficient? Is there an exception?
⮚ The complaint or information is sufficient if it can be understood from its allegations that the offense
was committed or some of its essential ingredients occurred at some place within the jurisdiction of
the court, unless the particular place where it was committed constitutes an essential element of
the offense charged or is necessary for its identification (Sec. 10, Rule 110)

23. How should the time of the commission of the offense be alleged? Is there an exception?
⮚ It is not necessary to state in the complaint or information the precise date the offense was
committed except when it is a material ingredient of the offense. The offense may be alleged to
have been committed on a date as near as possible to the actual date of its commission (Sec. 11,
Rule 110).

24. State the requirement as to the allegation of the name of the offended party.
⮚ The complaint or information must state the name and surname of the person against whom or
against whose property the offense was committed, or any appellation or nickname by which such
person has been or is known. If there is no better way of identifying him, he must be described
under a fictitious name.
a. In offenses against property, if the name of the offended party is unknown, the property must
be described with such particularity as to properly identify the offense charged.
b. If the true name of the person against whom or against whose property the offense was
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

committed is thereafter disclosed or ascertained, the court must cause such true name to
be inserted in the complaint or information and the record.
c. If the offended party is a juridical person, it is sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without need of averring
that it is a juridical person or that it is organized in accordance with law.

25. State the venue of a criminal case.

⮚ Subject to existing laws, the venue of criminal action is the court of the municipality or territory
where the offense was committed or where any of its essential ingredients occurred (Hernandez
vs,. Albano, 19 SCRA 95)
⮚ Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of
its trip, the criminal action shall be instituted and tried in the court of any municipality or territory
where such train, aircraft, or other vehicle passed during its trip, including the place of its departure
and arrival.

⮚ Where an offense is committed on board a vessel in the course of its voyage, the criminal action
shall be instituted and tried in the court of the first port of entry or of any municipality or territory
where the vessel passed during such voyage, subject to the generally accepted principles of
international law.

⮚ Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code
shall be cognizable by the court where the criminal action is first filed.

26. Why should the place of the commission of a crime be alleged?

⮚ Because venue in criminal cases is an essential element of jurisdiction.

27. May the venue in a criminal case be changed?

⮚ It may be changed by the Supreme Court to avoid a miscarriage of justice. (Sec. 5[4], Artt. Vlll, Phil.
Constitution; People vs. Gutierrez, 36 SCRA 172).

28. What is transitory offense?

⮚ It is one where some acts material and essential to the crime occur in one province and in another,
in which case, the rule is settled that the court of either province where any of the essential
ingredients of the crime took place has jurisdiction to try the case. The theory is that, a person
charged with transitory crime may be tried in any jurisdiction where the crime is in part committed.
(Parulan vs. Director of Prisons, 22 SCRA 638).

29. What is a local offense?

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Section: ____________ Schedule:________________________________________ Date:________________

⮚ It is one committed in one place. (US vs. Cunanan, 26 Phil. 376)

30. Give examples of continuing offenses.

⮚ This includes: (a) Treason; (b) kindapping; (c) abduction; (d) libel; (e) brigandage

31. What rule or law prohibits the allegation of more than one offense in information? Is there an exception?
⮚ A complaint or information must charge only one offense, except when the law prescribes a single
punishment for various offenses Sec. 13, Rule 110).
⮚ Note: When the accused fails, before arraignment, to move for the quashal of the information which
charges 2 or more offenses, he thereby waives the objection and may be found guilty of as many
offenses as those charged and proved during the trial.

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback. Try to
complete each exercise before looking at the feedback.

2.1 Define complaint and information in not less than 5-sentences. Write your answers below. Avoid any
erasures. (5points each)

Questions: Answers:
1. Complaint

2. Information

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2.2 Discuss the rules on the institution of criminal action and the prosecution of civil action arising from the
criminal action. Write your answer in a bullet form. (5points each)

Questions Answers:

a. How criminal actions are ●

instituted? ●
●

b. How is the civil action ●

arising from the criminal ●
action are instituted? ●

2.3 Here’s more! Discuss the rule of venue in the criminal action: Limit your answer to two sentences only.
(5points each)

State the venue of a Answers:

criminal action

a. General rule
a.

b. If committed in a train,
aircraft, or other public or
private vehicle in the
course of its trip.

c. If committed on board a
vessel in the course of its
voyage.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

d. Crimes committed outside

the Philippines

2.4Check for Understanding (5 mins) The following are questions to assess your understanding about the
lesson today. You are required to identify what is being asked. Write your answer on the space provided before
the number. Avoid any erasures! “Check your answers against the Key to Corrections found at the end of this
SAS. Write your score on your paper.”

MULTIPLE CHOICE: (1 point each) Instructions: Read and analyze each statement carefully. Encircle the letter
of your choice.

1. 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?
a) Complaint c) Information
b) Affidavit d) All of them
2. How criminal action is instituted if preliminary investigation is required?
a) By filing the complaint to the prosecutor c) By filing the complaint to Lupon
b) By filing the complaint to the court d) All of them

3. The effects of institution of criminal actions with proper officer or authority.

a) Interrupts the period of prescription c) Waiver of right to file separate action
b) Extinguished the criminal liability d) All of them

4. Effect in case of a conflict between the designation of the crime and the recital of facts constituting the
offense
a) Latter prevails over the former c) Case is dismissed
b) Former prevails over the latte d) None of them

5. Exceptions to the rule on duplicity of offenses

a) Complex crime c) Composite crime
b) Special complex crime d) All of them

B. LESSON WRAP-UP

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Q1. How are criminal actions instituted?

Answer: The criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation
is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation; and (b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered cities, the complaints shall be filed with the office of the
prosecutor unless otherwise provided in their charters (Sec. 1, Rule 110).
Q2. How is the civil action arising from criminal action is filed? Are there exceptions?
Answer: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the
offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil
action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the session
number you just completed. Kindly mark the place in the work tracker to help you track how much work they
have accomplished and how much work there is left to do.

1.Did you have challenges learning the concepts in this module? If none, which parts of the module helped
you learn the concepts?
____________________________________________________________________________________
____________________________________________________________________________________

2. Some question/s I want to ask my teacher about this module is/are:

_________________________________________________________________________________
_________________________________________________________________________________
______

ANSWER KEY:

Rubrics on Skill Building Rate

Activity 2.1
Organization of thoughts 2
Grammar 1

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #2 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Readability 1
Cleanliness 1
Total 5 points
Activity 2.2
Organization of thoughts 2
Grammar 1
Readability 1
Cleanliness 1
Total 5 points
Activity 2.3
Correct answer with 2
explanation and without
erasure
Correct answer with 1
explanation but with erasure
Incomplete answer and no 1
explanation
Correct answer with 1
explanation and without
erasure
Total 5 Points
Activity 2.4

1. A
2. A
3. A
4. A
5. D

Congratulations! That’s enough for today, please study in advance 😊

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