CRIMINAL PROCEDURE

(RULE 110-127)

ATTY. HAROLD P ESTACIO

 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 officer
Prosecuting Officers or public officer in charge of the
enforcement of the law violated

Need not be sworn by the Prosecutor (but Must be under oath

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

Could not initiate/commence prosecution of Could initiate/commence prosecution of all

all offenses, especially private offenses, including private crimes
crimes(CASADA)
 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