RULE 110- PROSECUTION OF AN
What are crimes that requires preliminary
OFFENSE
Prosecution- process of trying to convict
someone of a crime.
What are the stages of prosecution?
1. Criminal institution-filing of complaint
or information.
2. Preliminary investigation-determination
of probable cause
3. Arrest-actual physical restraint of the
accused.
4. Arraignment and Plea
5. Pre-trial
6. Trial
7. Judgement
Offense- an illegal act, it could be against life,
liberty and property.
PROSECUTION OF AN OFFENSE-is the act
or process of convicting someone who made an
illegal act.
INSTITUTION OF CRIMINAL ACTION S (1)
Institution of criminal action-initiation of legal
proceedings against an individual or entity
accused of committing a criminal offense.
It is done by filing of a complaint by the
offended party. The filing of a complaint
depends on the imposable penalty of a crime.
1. When a crime which requires
preliminary investigation, by filing the
complaint to the proper officer for the
requisite preliminary investigation.
Q1. What is preliminary investigation?
Preliminary investigation- is an inquiry or
proceeding to determine probable cause if a
crime has been committed and the respondent is
probably guilty thereof, and should be held for
trial.[Rule 112]
Q2.
investigation?
Offense where the penalty prescribed by law is
at least (4) years, two (2) months and one (1)
day without regard to the fine. [Rule 112]
Q3. What are the crimes that are punishable by
at least 4 years 2 months and 1 day
imprisonment?
Heinous crimes:
1. Murder-20 years and 1 day to 40 years
2. Rape-20 years and 1 day to 40 years
3. Kidnap for ransom-20 years and 1 day
to 40 years
4. RA 9165-12 years to life
imprisonment
5. Homicide-6 years to 12 years
Q4.What is a complaint?
Complaint-is a sworn written statement charging
a person with an offense, subscribed by the
complainant and any public officer charged with
the enforcement of the law being violated. [Rule
110]
Q5. Who are the officers authorized to conduct
preliminary investigation?
(a) Provincial or City Prosecutors and their
assistants;
(b) Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law
[Rule 112]
2. When the crime does not requires preliminary
investigation by filing the complaint or
information directly with the first level 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 their
charters.
Q1. What is a chartered city?
A city created by congress by means of
legislative act.
Q2. What are the Crimes that does not require
preliminary investigation?
Those crimes which are punishable by not more
than 4 years 2 months and 1 day.
Note: 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.
Q3. What is period of prescription?
Refers to the time limit within which legal
actions or criminal charges can be brought
against an individual for a specific offense. Once
the period of prescription has expired, a person
can no longer be prosecuted or held legally
liable for the alleged offense. It varies on the
imposable penalty for a certain crime.
PROSECUTION OF CRIMINAL ACTION S (5)
Criminal prosecution- refers to the legal process
by which a government prosecutor, pursues a
case against an individual or entity accused of
committing a criminal offense.
Criminal action-refers to the specific legal steps
initiated by the government or a prosecuting
authority against an individual or entity accused
of committing a crime.
Stages of criminal prosecution:
1. Arrest
2. Bail
3. Arraignment
4. Pre-trial
5. Trial
6. Judgement
7. Appeal
Appeal and bail can be waived if the party
did not raised it before it prescribes.
Q1. Who may prosecute a criminal action?
All criminal actions commenced by a complaint
or information shall be prosecuted under the
direction and control of the prosecutor.
However, in first level 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.
Q2. Who may file a complaint for adultery or
concubinage?
The offended spouse shall file the complaint for
adultery and concubinage stated therein both
guilty parties if both alive.
Q3. Who may file a complaint for seduction,
abduction and acts of lasciviousness?
The offended party, or her parents, or her
grandparents or guardian or the state if the minor
has no known guardians and died before she can
file a complaint.
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.
SUFFICIENCY OF INFORMATION S (6)
Information/complaint is sufficient if it states the
following:
1. Name of the accused
i. Complete name or fictitious name
he has been known.
2. Designation of the offense
i. Acts or omission constituting the
offense
ii. Aggravating or qualifying
circumstances
iii. Or reference to the section of the AMENDMENT AND SUBSTITUTION S (14)
law Amendment- modification or changes made to
3. Cause of accusation the document to correct the error thereof.
i. Acts or omission complained of as
Amendment may involve either formal or
constituting the offense.
substantial amendments.
4. Name of the offended party
i. Complete name or fictitious name Amendment can be made any time before the
he has been known accused enters his plea with or without leave of
5. Place of the commission court.
i. Place where the crime was
committed Substitution necessarily involves a substantial
ii. Or any of its essential ingredients change from the original charge. Substitution of
occurred. information must be with leave of court as the
6. Approximate date original information has to be dismissed.
i. Need not to be specified unless if it DISTINCTIONS:
is material to the case.
Variation Amendment Substitution
Time Before accused After accused
DUPLICITY OF AN OFFENSE S (13) pleads pleads.
After accused
Duplicity of charges simply means a single
plead with leave
complaint or information charges more than of court and
one offense. Except if the law prescribes notice to
single punishment for various offense. offended party
[Loney vs. People] on formal
changes only.
However, if the accused did not object the
Offense 1st and 2nd 1st and 2nd
duplicity of the offense before trial, his right charged offense is the offense is
to object such ground is deemed waived and same. distinct.
the court shall proceed to trial and render Changes Substantial and Substantial
judgment based on the merits of the two formal only
offense charged.[Rule 120 s(3)] Defense Does not change It changes
Laws that prescribes single punishment for the accused the accused
theory of theory of
various offense:
defense defense.
Complex crime-When a single act Status of The 1st case The 1st case
constitutes two or more grave or less grave the case need not to be needs to be
felonies, or when an offense is a necessary dismissed dismissed
means for committing the other. Courts Needs leave of Needs leave
approval court for of court.
Robbery with homicide substantial
amendment
Robbery with serious physical injury
Robbery with rape Substantial amendment-consists of the recital of
Rape with homicide facts constituting the offense charged and
determinative of the jurisdiction of the court. It
downgrades the nature of the offense or excludes
any accused from the complaint.
Before accused enters his plea with or without
leave of court, formal or substantial amendment
is allowed.
After arraignment with leave of court if it does
not prejudice to the right of the accused formal
amendment is allowed.
After arraignment with leave of court and if it is
beneficial to the accused, substantial amendment
is allowed. [Villarba vs. CA, 2020]
Q1. How a substantial amendment made
before the accused enters his plea?
1. By motion of the prosecutor
2. With notice to the offended party
3. And with leave of court
Then the court:
1. should state its reason in resolving the
motion
2. And furnished both parties with copy of
its order especially the offended party.
If it appears before judgement that a mistake has
been made in charging the proper offense which
is curable by amendment the court shall dismiss
the original complaint and order for a new one
charging the proper offense in accordance with
rule 119 of this rule and the court may require
bail for the witnesses for their appearance.
Formal amendment- A formal amendment does
not change the crime charged or affect the
accused's theory or defense. A second
arraignment therefore is not necessary.
A formal amendment is the only mode after the
accused enters his plea and during trial without
causing prejudice to the right of the offender.
A formal amendment does not require another
preliminary investigation. [Tehankee vs.
People, 1992]
Q2. What are the examples of formal
amendments?
1. New allegations only affecting the range
of the imposable penalty
2. Amendments that do not change the
offense originally charged.
3. Allegations that will not alter the
prosecution's theory as to surprise the
accused and affect their form of defense.
4. Amendments that do not prejudice an
accused's substantial rights
5. Amendments that only address the
vagueness in the information but does
not "introduce new and material facts"
6. Amendment which "merely states with
additional precision something which is
already contained in the original
information and which adds nothing
essential for conviction for the crime
charged.
Amendment of the information charged that
does not constitute an offense is a ground
for motion to quash.
If the motion to quash is based on an alleged
defect in the information which can be cured
by amendment, the court shall order the
amendment to be made. [Quaimbao vs.
People 2020]
INTERVENTION OF THE OFFENDED
PARTY IN CRIMINAL ACTION S (16)
Where the civil action for recovery of civil
liability is instituted in the criminal action
pursuant to Rule 111, the offended party may
intervene by counsel in the prosecution of the
offense. [Rule 110 S (16)]
An offended party in a criminal case may
intervene personally or by attorney, in the
prosecution of the offense, only if he has not
waived the civil action or expressly reserved
his right to institute it, subject, always, to the
direction and control of the prosecuting
fiscal. [Formento vs. CA 1969]
Q1.What is the purpose of the
intervention?
The right of intervention reserved to the
offended party is for the sole purpose of
enforcing the civil liability born of the
criminal act and not of demanding
punishment of the accused.
Q2. What happen if the offended party
failed to reserve his right to institute the
civil action?
The offended party deemed waived their
right to intervene for the institution of civil
action.
Q3.When does the reservation of the right
to institute separately the civil action shall
be made?
The reservation of the right to institute
separately the civil action shall be made
before the prosecution starts presenting its
evidence and under circumstances affording
the offended party a reasonable opportunity
to make such reservation. [Heirs of
Eduardo Simon vs. CA, 2011]
Exception to the waiver
Does not include recovery of civil liability
under Articles 32, 33, 34, and 2176 of the
Civil Code of the Philippines arising from
the same act or omission which may be
prosecuted separately without a reservation.
[Heirs of Eduardo Simon vs. CA, 2011]
No right to institute a separate civil action
for BP 22 cases
Q3.What happen if the offended party
failed to alleged their claim for civil
liability in the complaint or information?
Despite the absence of a specific mention in
the complaint or information, the provision
asserts that the offender is still liable for
damages. In other words, the offender can
be held responsible for any harm or losses
caused by their actions.[Roa vs. Dela
Cruz,1960]
Q4. What happens to the civil action after
the judgement in the criminal action?
The final judgment rendered therein
constitutes a bar to the subsequent civil
action for damages based upon the same
cause. [Roa vs. Dela Cruz 1960]
RULE 111-PROSECUTION OF CIVIL
ACTION
INSTITUTION OF CRIMINAL
ACTION AND CIVIL ACTION S (1)
a) 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.
What is "deemed instituted" with the
criminal action is only the action to recover
civil liability arising from the crime or ex-
delicto. All the other civil actions under
Articles 32, 33, 34 and 2176 of the Civil
Code are no longer "deemed instituted," and
may be filed separately and prosecuted
independently even without any reservation
in the criminal action. The failure to make a
reservation in the criminal action is not a
waiver of the right to file a separate and
independent civil action based on these
articles of the Civil Code. The prescriptive
period on the civil actions based on these
articles of the Civil Code continues to run
even with the filing of the criminal action.
Q1.What are the exception in the right to
institute the civil action with the criminal
action?
1. Offended party waived the right to civil
action.
2. Reserves the right to institute it
separately
3. Institute the civil action prior to the
criminal action
Offended party waived the civil action-A damages without specifying the amount
waiver of any of the civil actions thereof in the complaint or information, the
extinguishes the others. The institution of, or filing fees therefor shall constitute a first
the reservation of the right to file, any of lien on the judgment awarding such
said civil actions separately waives the damages.
others. [Casupanan vs. Laroya, 2002]
Q2.When does the reservation of the right
to institute separate civil action be made?
The reservation of the right to institute
separately the civil action shall be made
before the prosecution starts presenting its
evidence and under circumstances affording
the offended party a reasonable opportunity
to make such reservation. [Rule 111 s (1)]
The offended party must reserve the right to
file a separate civil action before the
prosecution begins presenting evidence,
giving them a fair chance to make the
reservation.

Filing fees for the enforcement of civil

damages.
1. General rule-As a general rule, If the
amount of the damages is actual, no
filing fees required except on BP 22
cases wherein the offended party shall
pay the docket fees in the specified
amount of the check
2. Unspecified civil damages-If the
offended party seek to enforce civil
damages not specified in the
information, such filing fees shall be
considered as a first lien on the
judgement of the award.
3. Specified civil damages-If the offended
party seek to enforce civil damages
specified in the information, such filing
fees shall be paid by the complainant
based on the specified amount of
damage claimed.
When the offended party seeks to enforce
civil liability against the accused by way of
moral, nominal, temperate, or exemplary

RULE 120- JUDGMENT
Judgment-is the adjudication by the court
that the accused is guilty or not guilty of the
offense charged and the imposition on him
of the proper penalty and civil liability, if
any.
Kinds of Judgment
1. Judgment for conviction
2. Judgment for acquittal
Requisite of judgment
1. Form
2. Content
Form of judgment-it must be written:
1. In the official language,
2. personally and directly prepared by the
judge and signed by him and
3. Shall contain clearly and distinctly a
statement of the facts and the law upon
which it is based.
Content of judgement for conviction
It shall state:
1. Legal qualification of the offense
constituted by the acts committed by the
accused and;
2. Aggravating or mitigating circumstances
which attended its commission;
3. Participation of the accused in the
offense, whether as principal,
accomplice, or accessory;
4. Penalty imposed upon the accused; and
5. Civil liability or damages caused by his
wrongful act or omission to be
recovered from the accused by the
offended party, if there is any, unless
enforcement of the civil liability by a
separate civil action has been reserved
or waived.[Rule 111]
Content of judgment for acquittal-A judgment
by a court that the accused is found not guilty of
the crime imputed to him and is, therefore,
absolved from prosecution for that crime.
It shall state:
1. Whether the evidence of the prosecution
Absolutely failed to prove the guilt of
the accused
2. Or merely failed to prove his guilt
beyond reasonable doubt.
In either case, the judgment shall determine if
the act or omission from which the civil liability
might arise did not exist.
JUDGMENT FOR TWO OR MORE
OFFENSE S (3)
When two or more offenses are charged in a
single complaint or information but the accused
fails to object to it before trial, the court may
convict him of as many offenses as are charged
and proved, and impose on him the penalty for
each offense, setting out separately the findings
of fact and law in each offense. [Rule 110 S
(13)]
An information must charge a single offense
unless the law prescribes a single punishment
for various offense. [Rule 117]
JUDGMENT IN CASE OF VARIANCE IN
THE OFFENSE CHARGE AND OFFENSE
PROVED S (4)
When there is variance between the offense
charge in the complaint or information and that
proved, and the offense as charged is included in
or necessarily includes the offense proved, the
accused shall be convicted of the offense proved
which is included in the offense charged, or of
the offense charged which is included in the 2. to approve the bail bond pending appeal;
offense proved. provided, that if the decision of the trial
court convicting the accused changed
Offense charged=Murder and the Offense
the nature of the offense from non-
proved=homicide, the person is to be convicted
bailable to bailable, the application for
of the offense proved [homicide] because it is
bail can only be filed and resolved by
included in the offense charged [murder].
the appellate court.
Offense charge=Homicide, and the offense
proved [murder] he will be convicted in the
offense charged [homicide].
A person can be convicted of the offense proved The proper clerk of court shall:
if it is included in the offense charged.
1. Give notice to the accused personally or
through his bondsman or warden and
counsel,
PROMULGATION OF JUDGMENT S (6)
2. Requiring him to be present at the
The judgment is promulgated by promulgation of the decision.

1. Reading it in the presence of the accused ACCUSE IS TRIED IN ABSENTIA

and
If the accused was tried in absentia because he
2. Any judge of the court in which it was
jumped bail or escaped from prison,
rendered.
1. The notice to him shall be served at his
JUDGMENT FOR LIGHT OFFENSE
last known address.
However, if the conviction is for a light offense,
FAILURE OF THE ACCUSED TO APPEAR
the judgment may be pronounced in the presence
AT THE SCHEDULED PROMULGATION
of his counsel or representative.
DESPITE NOTICE
When the judge is absent or outside the province
In case the accused fails to appear at the
or city, the judgment may be promulgated by the
scheduled date of promulgation of judgment
clerk of court.
despite notice, the promulgation shall be made
ACCUSED IS CONFINED/DETAINED IN
1. By recording the judgment in the
ANOTHER PROVINCE/CITY
criminal docket and serving him a copy
If the accused is confined or detained in another thereof at his last known address or thru
province or city, the judgment may be his counsel.
promulgated by the executive judge of the
Q1. What happen if the judgment is for
Regional Trial Court having jurisdiction over the
conviction and the accused did not appear
place of confinement or detention upon request
without justifiable cause?
of the court which rendered the judgment.
1. He shall lose the remedies available in
AUTHORITY OF THE COURT
these rules against the judgment
PROMULGATING THE JUDGMENT
2. And the court shall order his arrest.
The court promulgating the judgment shall Within fifteen (15) days from
promulgation of judgment,
1. have authority to accept the notice of
appeal and;
 However, the accused may surrender and
file a motion for leave of court to avail of
these remedies. He shall:
1. State the reasons for his absence at the
scheduled promulgation and if he proves
that his absence was for a justifiable
cause, he shall be allowed to avail of
said remedies within fifteen (15) days
from notice.
MODIFICATION OF JUDGEMENT S (7)
A judgment of conviction may, upon motion of
the accused, be modified or set aside before it
becomes final or before appeal is perfected.
Except where the death penalty is imposed, a
judgment becomes final after the lapse of the
period for perfecting an appeal, or when the
sentence has been partially or totally satisfied or
served, or when the accused has waived in
writing his right to appeal, or has applied for
probation.
Q1. When the judgment do becomes final?
1. After the lapse of the period for
perfecting an appeal
2. When the sentence has been partially or
totally satisfied or served
3. When the accused waived his right to
appeal in writing,
4. When the accused has applied for
probation.
ENTRY OF JUDGMENT IN THE BOOK
OF RECORDS S (8)
After a judgment has become final, it shall be
entered in accordance with Rule 36.
Rule 36 s (2)-Entry of judgments and orders
If no appeal or motion for new trial is filed
within the time provided in these rules, the
judgment or order shall be entered by the clerk.
The recording of the judgment or order in the
book of entries of judgment shall constitute its
entry.
The record shall contain
1. The dispositive part of the judgment or
order and
2. Shall be signed by the clerk,
3. With a certificate that such judgment or
order has become final and executory.
RULE 121- NEW TRIAL OR
RECONSIDERATION
NEW TRIAL OR RECONSIDERATION S (1)
At any time before a judgment of conviction
becomes final, the court may, on motion of the
accused or at its own instance but with the
consent of the accused, grant a new trial or
reconsideration.
Who may raise for motion of new trial or
reconsideration?
At any time before a judgment of conviction
becomes final the court may grant new trial or
reconsideration upon the motion of:
1. The court on motu propio with the
consent of the accused
2. The accused
GROUNDS FOR NEW TRIAL S (2)
1. That errors of law prejudicial to the
substantial rights of the accused have
been committed during the trial.
2. Irregularities prejudicial to the
substantial rights of the accused have
been committed during the trial.
3. New and material evidence has been
discovered which the accused could not
with reasonable diligence have
discovered and produced at the trial and
 which if introduced and admitted would
probably change the judgment.
Requisite for new and material evidence
1. Evidence must be discovered after trial
2. Evidence could not have been reproduce
during trial despite reasonable diligence
3. It is new and material
4.