Manuel S.

Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

LESSON 1:
PROSECUTION OF
OFFENSES
CLJ6 – CRIMINAL PROCEDURE AND COURT TESTIMONY

ATTY. ROLANDO R. RECTO

INSTRUCTOR, CCJC Calauag, Quezon
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Students are able to:

1. explain the elements of a valid complaint;

2. Differentiate complaint from information;

COURTS AND ITS JURISDICTION

CJ105A – COURT TESTIMONY
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

1. Discuss the concept of jurisdiction and the different requirements for its
exercise by the court;
2. Delineate the jurisdiction of municipal level court to that of the regional
trial court;

COURTS AND ITS JURISDICTION

CJ105A – Court Testimony
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Sources of Criminal Procedure

• Rule 110-127 of the Revised Rules of Court
• 1987 Constitution, particularly those under the Rights of the
Accused under Art. III (Bill of Rights)
• Various acts passed by the legislature like BP Blg. 127
• Presidential Decrees
• Executive Orders
• Decision of the Supreme Court
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Institution of Criminal Action

1. 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. PI is REQUIRED for offenses where the penalty prescribed by law
AT LEAST 4 YEARS, 2 MONTHS AND 1 DAY without regard to fine.
2. For ALL OTHER OFFENSES - By filing the complaint or information directly
with the Municipal Trial Courts and Municipal Circuit trial courts or the compliant
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
• Does not apply to cases subject to summary procedures
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Effects of Institution of the Criminal Action

It interrupts the running of prescriptive period of the offense charged unless
otherwise provided by special law
• Act No. 3323 governs the prescriptive period of violations of special laws, or offenses
other than those penalized under the revised penal code
• With respect to offenses penalized by special laws, the filing of the complaint or
information in court is the one that interrupts the prescriptive period and not the filing of
the complaint in the proper officer for purposes of conducting a preliminary investigation
• The filing of a complaint for purposes of preliminary investigation starts the prosecution
process
• The PEOPLE OF THE PHILIPPINES is the real offended party 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.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Form of the complaint or information

Form:
• in writing
• in the name of the People of the Philippines
• against all persons who appear to be responsible for the
offense involved
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

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;

• Note: COMPLAINT mentioned in this section refers to one filed in court for the
commencement of criminal prosecution for violation of a crime, usually cognizable
by municipal trial courts as well as to a complaint filed by an offended party in private
crimes or those which cannot be prosecuted de officio.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Requisites of a COMPLAINT:
1. It must be in writing and under oath;
2. It must be in the name of the People of the Philippines;
3. It must charge a person with an offense; and
4. It must be subscribed by the offended party, by any peace officer or public officer
charged with the enforcement of law violated;
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Information:
• An INFORMATION is:
• an accusation in writing
• charging a person with an offense
• subscribed by the prosecutor and filed with the court
• Requisites of an Information:
• it must be in writing
• it must charge a person with an offense
• it must be subscribed by the fiscal
• it must be filed in court;
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

• Persons allowed to file INFORMATION:

• city or provincial prosecutor and their assistants;
• duly appointed special prosecutor

• Except:
• in certain crimes against chastity; and
• defamations imputing any of the aforesaid offenses wherein sworn
written complaint of the offended party is required;
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

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

Conditions for a PRIVATE PROSECUTOR to prosecute a Criminal Action:

1.the public prosecutor has a heavy work schedule or there is no public prosecutor assigned in the
province or city
2.the private prosecutor is authorized in writing by the chief of the prosecutor’s office or the regional
state prosecutor
3.the authority of the private prosecutor must be approved by the court;
4.the private prosecutor shall continue to prosecute the case until the end of the trial unless the
authority is withdrawn or otherwise revoked;
5.in case of withdrawal or revocation of the authority of the private prosecutor, it must be approved by
the court;
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Matters belonging to Prosecutor; Court

Matters falling within the control and discretion of the prosecution:
• what case to file
• whom to prosecute
• manner of the prosecution
• right to withdraw the information

Matters within the control of the Court after the case have been filed:
• suspension of arraignment
• reinvestigation
• prosecution by the fiscal
• dismissal of the case
• downgrading of the offense
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

PRIVATE CRIMES: Who may prosecute?

• concubinage and adultery – only by the offended spouse who should have the status,
capacity and legal representation at the time of the filing of the complaint regardless of
age;
• Seduction, Abduction and Act of Lasciviousness – prosecuted exclusively and
successively by the following person;
• By the offended woman
• By the parents, grandparents or legal/judicial guardians in that successive order if the offended
party is incompetent or incapable of doing so
• By the state pursuant to the doctrine of Parens Patriae
• Defamation imputing to a person any of the foregoing crimes of concubinage, adultery,
seduction, abduction, acts of lasciviousness can be prosecuted only by the party or parties
defamed;
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Sufficiency of Complaint or Information

Contents of a Valid Complaint of Information:
• name and surname of the accused, or any appellation or nickname by
which he is known;
• the designation of the offense;
• the acts or omissions complained of as constituting an offense
• the name of the offended party
• the approximate date of the commission of the offense;
• the place where the offense was committed;