Revised Rules of

CRIMINAL PROCEDURE
FILING OF CRIMINAL
COMPLAINT
 ORDER OF PRESENTATION
 Institution of Criminal Actions

 Complaint and Information

 Preliminary Investigation

 Inquest
 INSTITUTION OF CRIMINAL
ACTIONS

 Revised Rules of Criminal Procedure

 Rule 110
 INSTITUTION OF CRIMINAL
ACTIONS
 A. For offenses where a Preliminary
Investigation is required, by filing the
Complaint with the proper officer for the
purpose of conducting the requisite
Preliminary Investigation.

 B. For all other offenses, by filing the

Complaint or Information directly with the
MTC and MCTC or the Complaint with the
office of the Prosecutor.
 COMPLAINT AND INFORMATION
 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.

 An INFORMATION is accusation in writing

charging a person with an offense,
subscribed by the prosecutor and filed
with the court.
 COMPLAINT VS INFORMATION
INFORMATION COMPLAINT

Filed by the Prosecutor and other Filed by the offended party, a peace
Prosecuting Officers officer or public officer in charge of
the enforcement of the law violated

Need not be sworn by the Must be under oath

Prosecutor (but must comply with
Sec 2, Rule 112 of Rules of Criminal
Procedure)

Could not initiate/commence Could initiate/commence

prosecution of all offenses, prosecution of all offenses,
especially private crimes(CASADA) including private crimes
 SUFFICIENCY OF COMPLAINT AND
INFORMATION
A Complaint or Information is sufficient if
it states the following:
1. The name of the accused
2. The designation of the offense
3. The acts or omission complained of
constituting the offense
4. The name of the offended party
5. Approximate time and date of the
commission of the offense
6. The place where the offense was committed
 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.
 PRELIMINARY INVESTIGATION
Preliminary Investigation is an inquiry or
proceeding to determine whether there is
sufficient ground to engender a well-founded
belief that a crime has been committed and
the respondent is probably guilty thereof, and
should be held for trial. (Rule 112, Sec 1, RC)

Preliminary Investigation is intended to secure

the innocent against hasty, malicious and
oppressive prosecution and to protect him from
open and public accusation of a crime and from
the trouble and anxiety of a public trial and to
protect the State from having to conduct useless
and expensive trials.
PRELIMINARY INVESTIGATION

 Revised Rules of Criminal Procedure

 Rule 112
 CASES WHERE A PRELIMINARY
INVESTIGATION IS REQUIRED

A Preliminary Investigation is required to be

conducted before the filing of a Complaint or
information for an offense where the penalty
prescribed by law is at least four (4) years two
(2) months and one (1) day without regard to
the fine. (Rule 112, Sec 1)
 OFFICERS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION
The following may conduct Preliminary
Investigations:
a.Provincial and City Prosecutors and their
assistants;
b. Judges of the MTC and MCTC;
c.National and Regional State Prosecutors;
d.Other officers authorized by law:
-The COMELEC
- The Office of the Ombudsman
- The PCGG
 PROCEDURE FOR PRELIMINARY
INVESTIGATION

1.Commencement of the Preliminary

Investigation.
2. Action on the Complaint by the
Prosecutor.
3. Subpoena and Filing of Counter-Affidavit
of the Respondent.
4. Submission of the Case for Resolution.
5. Resolution on the Complaint.
 COMMENCEMENT OF PRELIMINARY
INVESTIGATION

The Preliminary Investigation is commenced:

a.by filing of a Complaint by the complainant or
any competent person, directly with the office
of the investigating prosecutor;
b. by referral from or upon request of the law
enforcement agency that investigated the
criminal case;
c. upon request of the person arrested or
detained pursuant to a warrantless arrest;
d. by order or directive of the court or other
competent authority.
 COMMENCEMENT OF PRELIMINARY
INVESTIGATION

The filing of the Complaint by the

complainant, together with the affidavits of
witnesses, is the simplest way of
commencing a Preliminary Investigation with
the Provincial or City Prosecutor’s office.
 ACTION ON THE COMPLAINT
The Investigating Prosecutor has the
following courses of action:
1.Dismiss the Complaint if he finds there is
no ground to continue with the inquiry;

2. Issue a Subpoena to the respondent;

3. Refer the case to the Lupon ng

Tagapamayapa for mediation or conciliation.
 OUTRIGHT DISMISSAL OF THE
COMPLAINT
The following constitute sufficient basis for
outright dismissal of the case:

1.The offense charged in the Complaint was

committed outside the territorial jurisdiction of
the Investigating Prosecutor.

For the Complaint to prosper, it must be

filed with the proper office of the prosecutor
which has territorial jurisdiction over the place
of commission.

Venue in criminal cases is JURISDICTIONAL.

 OUTRIGHT DISMISSAL OF THE
COMPLAINT (cont…)
2. That at the time of the filing of the
Complaint , the offense charged had already
prescribed.

3. That the complainant is not authorized

under the provision of pertinent laws to file
the Complaint;(Corp.Sec.Cert.)

A Complaint may be dismissed if the

same was not filed by the proper
Complainant especially in private cases
(CASADA)
 OUTRIGHT DISMISSAL OF THE
COMPLAINT (cont…)
4.That the acts/omission alleged in the
Complaint and/or supporting affidavits does
not sufficiently show that a criminal offense
or a violation of law has been committed.

The Complaint must allege facts that

show that a crime has been committed.
 OUTRIGHT DISMISSAL OF THE
COMPLAINT (cont…)

5. That the Complaint and supporting

affidavits are unsigned and/or have not
been duly subscribed and sworn to as
prescribed under the Rules of Criminal
Procedure.
 SUBMISSION OF THE CASE FOR
RESOLUTION
If the Investigating Prosecutor does NOT
find sufficient basis for the prosecution of the
respondent, he shall prepare the resolution
recommending the dismissal of the
Complaint.

If, on the other hand, he finds that

probable cause exists, he shall prepare the
Resolution and the corresponding
Information or complaint in the appropriate
cases.
 INQUEST PROCEEDING

 Revised Rules of Criminal Procedure

 Rule 112
 INQUEST PROCEEDING

Inquest - is an informal and summary

investigation conducted by the public
prosecutor in criminal cases involving
persons arrested and detained without the
benefit of a warrant of arrest issued by the
court for the purpose of determining whether
or not such person should remain under
custody and correspondingly be charged in
court.
 INQUEST PROCEEDING

When a person is lawfully arrested without

warrant involving an offense which requires a
Preliminary investigation, the Complaint or
Information may be filed by a prosecutor
without need of such investigation provided
an inquest has been conducted in
accordance with existing rules.
 COMMENCEMENT OF INQUEST

The Inquest Proceeding shall be considered

as commenced upon receipt by the Inquest
Officer from the law enforcement authorities of
the following:

1. The Affidavit of Arrest

2. The Investigation Report
3. The statement of the complainant and
witnesses
4. Other supporting documents gathered by the
police in the course of its investigation.
 PRESENCE OF THE DETAINED
PERSON

The detained person should be present

during the proceeding before the Inquest
officer.
 DUTY OF THE INQUEST OFFICER
The initial action of the Inquest Officer is to
determine whether the crime charged is
punishable by a penalty of four (4) years two (2)
months and one (1) day.

When the penalty imposed by law does not

exceed four (4) years two (2) months and one (1)
day, the case may be filed in court without an
Inquest Proceeding or Preliminary Investigation.

If the penalty imposed by law exceeds four (4)

years two (2) months and one (1) day., the
Inquest officer shall then determine if the arrest
of the detained person was properly made.
 DUTY OF THE INQUEST OFFICER WHEN
ARREST IS NOT PROPER

If the Inquest Officer shall find out that the

arrest of the detained person was not in
accordance with the rules, and there is no
reasonable ground to continue with the
proceedings, he shall prepare an order
stating his findings and the recommendation
for the release of the detained person and
the dismissal of the case.
 DUTY OF THE INQUEST OFFICER WHEN
ARREST IS PROPERLY EFFECTED

If the Inquest Officer shall find that the

arrest was properly effected, the detained
person shall be asked if he desires to avail
himself of a PRELIMINARY INVESTIGATION,
and if he does, he shall be made to execute a
waiver of the provisions of Art 125 of the
RPC (Arbitrary Detention)
 RECOVERED ITEMS

GENERAL RULE

When items which were subject or are

proceeds of, the crime charged, or which
were used in the commission of the offense,
are recovered by the police when the
suspect is duly arrested without warrant,
shall remain in custody.
 RELEASE OF RECOVERED ITEMS
Subject to the following conditions:
1. There is a written request for release.
2. Person requesting is the lawful owner.
3. Person requesting undertakes an oath to
produce said articles when required.
4. Person requesting, if material witness,
affirms his statement and undertakes to
appear and testify before the court.
5. Articles are not instrument or tools in the
commission of the offense charged.
6. Photos of articles are first taken and
certified by the police evidence custodian.
 ARREST WITHOUT WARRANT
A peace officer or a private person may,
without a warrant, arrest a person:
a. When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense; or
b. When an offense has just been committed
and he has probable cause to believe based
on personal knowledge of facts and
circumstances that the person to be arrested
has committed it. X x x
 ARREST WITHOUT WARRANT
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving final
judgment or is temporarily confined while his
case is pending, or has escaped while being
transferred from one confinement to another
BIBLIOGRAPHY

 RULES OF COURT. 2011 Edition. RBSI

Editorial Staff. 2011
 REVISED PENAL CODE. 2011 Edition. RBSI
Editorial Staff. 2011
 Alano, Alejandro Ramon C. HANDBOOK ON
PRELIMINARY INVESTIGATION AND
INQUEST AND REMEDIES THEREIN
(Including Appeals to the DOJ). Rex
Bookstore Inc. 2007.
END OF PRESENTATION

Thank You and Good Day