RULE 110: Prosecution of Offenses

 






1.                     How are criminal actions instituted?

The institution of a criminal action generally depends upon whether or not the offense is one which requires a preliminary investigation (crimes with a penalty of at least 4 yrs, 2 mos. & 1 day)

(A)   Where a preliminary investigation is required, a criminal action is instituted by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation

(B)   Where a preliminary investigation is not required, a criminal action is instituted in either of two ways:

(a)    by filing the complaint or information directly with the Municipal Trial Court and Municipal Circuit Trial Court; or

(b)   by filing the complaint with the office of the prosecutor

2.                  What is the effect of institution of the criminal action?

Institution of the criminal action shall interrupt the period of prescription of the offense charged unless otherwise provided in special laws.

For offenses where preliminary investigation is required, the filing of the complaint with the proper officer for such purpose would interrupt the period of prescription, except when a different rule is provided for in special laws.

GUIDELINES FOR PRESCRIPTION OF OFFENSE RELATIVE TO RA 3019: (PCGG v. Morales, GR No. 206207)

(a)   As a general rule, prescription of the offense begins the moment the crime is committed;

(b)   If commission of the violation is unknown, then prescription is reckoned from the date of discovery;

(c)              To determine whether the general or exception should apply, resort is to whether there was suppression of evidence relative to the offense. If no suppression, general rule applies; if there was, exception will apply

3.                  Can criminal action be enjoined? If yes, in what instance?

GR: Criminal prosecutions cannot be enjoined. Public interest requires that criminal acts must be immediately investigated and prosecuted for the protection of the society.

XPN: (Brocka v. Enrile)

(a)   To afford adequate protection to constitutional rights of the accused

(b)   When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions

(c)              Where there is a prejudicial question which is subjudice

(d)   When the acts of the officer are without or in excess of authority

(e)   Where the prosecution is under an invalid law, ordinance, or regulation

(f)               When double jeopardy is clearly apparent

(g)   Where the court is clearly apparent

(h)   Where the court had no jurisdiction over the offense

(i)               Where it is a case of persecution rather than prosecution

(j)                Where the charges are manifestly false and motivated by the lust for vengeance

(k)              When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied

(l)               Preliminary injunction has been issued by SC to prevent the threatened unlawful arrest of petitioners.

4.                  What is a complaint?

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. (Sec. 3, Rule 110, Rules of Court)

5.                  What is an Information?

An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (Sec. 4, Rule 110, Rules of Court)

Jurisdiction of the Court is determined by the allegations in the information, not by the findings based on evidence presented of the court after trial. (Mobilia products v. Hajime Umezawa, GR No. 1493574)

6.                  Differentiate complaint from information?

COMPLAINT – usually in affidatvit form, is authored/subscribed by offended party, any peace officer or public officer charged with the enforcement of the law violated

INFORMATION – usually, a one paragraph descript of the crime, subscribed by the prosecutor

(A)   A complaint must be “sworn” hence, under oath. An information requires no oath, the law merely requires that it be made “in writing.” This is because the prosecutor filing the information is acting under the oath of his office.

(B)   A complaint or information is subscribed by (a) the offended party, (by any peace officer, (c) or other public officer charged with the enforcement of the law violated. On the other hand, and information is subscribed by the prosecutor.

 

7.                  Who must prosecute criminal actions?

All criminal actions shall be prosecuted under the direct supervision and control of the public prosecutor. Even if there is a private prosecutor, the criminal action is still prosecuted under the direction and control of the public prosecutor.

8.                  Can the Fiscal refuse the prosecution of an offense?

The institution of a criminal action depends upon the sound discretion of the fiscal. He may or may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence in his opinion, is sufficient or not to establish the guilt of the accused beyond reasonable doubt. Xxx

Prosecuting officers under the power vested in them by law, not only have the authority but also the duty of prosecuting persons who, according to the evidence received from the complainant, are shown to be guilty of a crime committed within the jurisdiction of their office. They have equally the legal duty not to prosecute when after an investigation they become convinced that the evidence adduced is not sufficient to establish a prima facie case. (Crespo v. Mogul)

9.                  Supposing A was mauled by B. The medical certificate of A indicated that his injury requires a healing period of 15 days. What should A do to attain justice? Should A first lodge a complaint before Barangay Conciliation Proceeding?

Since the injury sustained requires only a healing period of 15 days, the proper charge would be less serious injury. The complaint should first be lodge in the Lupon for Brgy. Conciliation proceeding.

10.              What is the rule regarding prosecution of adultery and concubinage?

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, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. (Sec. 5, Rule 110, Rules of Court)

 

11.              Who are the persons allowed to file cases for violations of R.A 7610?

Under Sec. 27 of RA 7610, complaints on cases of unlawful acts mention in the law committed against children, may be filed by the following:

(a)   Offended party;

(b)   Parents or guardians;

(c)  Ascendant or collateral relative within the 3rd degree of consanguinity;

(d)   Officer, social worker or representative of a licensed child-caring institution;

(e)   Officer or social worker of the Department of Social Welfare and Development;

(f)   Barangay chairman; or

(g)   At least 3 concerned, responsible citizens where the violation occurred.

 

12.              Can a Fiscal refuse to prosecute a crime after his motion to dismiss, anchored on the finding of a reinvestigation that no probable cause exists, was denied?

No. He cannot refuse to prosecute a crime once the complaint or information was filed in the court. It is his duty to continue to present evidence and not determine conviction of the accused.

 

The dismissal of the case or the acquittal or conviction of the accused already rests in the sound discretion of the court regardless if there is a reinvestigation. However, the fiscal can file the motion to dismiss to the court but the court has the discretion to grant or deny the same (People v. Odilao)

 

13.              What is the test for sufficiency of a complaint or information.

 

(1)   Name of the accused

(2)   Designation of the offense given by the statute;

(3)   Acts or omissions complained of as constituting the offense;

(4)   Name of the offended party

(5)   Approximate date of the commission of the offense

(6)   Place where the offense was committed

(Sec. 6, Rule 110, ROC)

 

The test is whether the crime is described in intelligible terms with such particularity as to apprise the accused, with reasonable certainty, of the offense charged because the purpose of the requirement for the information's validity and sufficiency is to enable the accused to suitably prepare for his defense, since he is presumed to have no independent knowledge of the facts that constitute the offense

 

14.              Supposing that an information was defective because it charged a single accused when in fact there were two, can it be raised during appeal?

No. Objections as to matters of form or substance in the Information cannot be made for the first time on appeal. Their failure to object to the alleged defect before entering their pleas amount to a waiver of the defect in the Information.

15.              Supposing the accused was arraigned under a wrong name, will it invalidates the information?

A mistake in the name of the accused is not equivalent, and does not necessarily amount to, a mistake in the identity of the accused especially when sufficient evidence is adduced to show that the accused is pointed to as one of the perpetrators of the crime.

16.              What is the rule in the designation of the offense in the complaint?

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, ROC)

It is settled that it is the allegations in the information that determine the nature of the offense, not the technical name given by the public prosecutor in the preamble of the Information.

17.              What is the effect of failing to allege qualifying and aggravating circumstance in the information but established during trial?

A qualifying/aggravating circumstance, even if established during trial cannot be properly appreciated if not properly pleaded. Failure to allege such aggravating circumstance in the information means that the accused was not properly informed of the nature and cause of the accusation against him. The main purpose of this requirement is to enable the accused to properly prepare for his defense and he is presumed to have no independent knowledge of the facts that constitute the offense.

Jurisprudence dictates that when the law specifies certain circumstances that will qualify an offense and thus attach to it a greater degree of penalty, such circumstances must be both alleged and proven in order to justify the imposition of the graver penalty.

 

18.              Supposing the information for Rape failed to the certain circumstance as “aggravating/qualifying” will it be sufficient for the court to appreciate those circumstances?

The qualifying circumstances need not be preceded by descriptive words such as "qualifying" or "qualified by ' to properly qualify an offense. It is not the use of the words "qualifying" or "qualified by" that raises a crime to a higher category, but the specific allegation of an attendant circumstance which adds the essential element raising the crime to a higher category. (People v. Roda)

19.              How should acts and omissions constituting offense be described in the information?

The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

 

The specific acts of the accused do not have to be described in detail in the information as it is enough that the offense be described with sufficient particularity to make sure the accused fully understands what he is being charged with. The particularity must be such that a person of ordinary intelligence immediately knows what the charge is.

20.              Under what manner should place of commission of the offense be alleged in the information?

The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of the 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 or is necessary for its identification.

21.              Is it indispensable to state the exact date of commission of offense?

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. 10, Rule 110, ROC)

 

22.              How should the offended party be mentioned in the information.

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 committed is thereafter disclosed or ascertained, the court must cause the 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.

(Sec. 12, Rule 110, ROC)

 

23.              Should a complaint or information charge only one offense?

A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses. (Sec. 13, Rule 110, ROC)

 

24.              Is amendment of the information allowed?

YES.

BEFORE PLEA, a complaint or information can be amended in form or in substance without leave of court, except if the amendment will downgrade the offense or drop an accused from the complaint or information. In such a case, the following requisites must be observed:

(a)   Must be made upon motion of the prosecutor

(b)   With notice to the offended party

(c)              With leave of court

(d)   The court must state its reason in resolving the motion

(e)   Copies of the resolution should be furnished to all parties, especially the offended party.

AFTER PLEA, only formal amendments may be made only with leave of court and when it can be done without causing prejudice to the rights of the accused.

25.              What is double jeopardy?

The Philippine Law Dictionary defines “double jeopardy” to mean that “when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense.”

REQUISITES:

1.    A first jeopardy must have validly attached prior to the second

2.    The first jeopardy must have been validly terminated

3.    The second jeopardy must be for the same offense or the second offense includes or is necessarily included in the offense charged in the first information or is an attempt to commit the offense or a

frustration thereof

27.              What is the rule on regarding the location of institution of criminal action?

(a)   In the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred (Exception: Sandiganbayan cases)

(b)   If committed in a train, aircraft, or other public or private vehicle: in the court of any municipality or territory where the vehicle passed during its trip, including the place of departure or arrival

(c)  If committed on board a vessel in the course of its voyage: in the court of the first port of entry or of any municipality or territory where the vessel passed during the voyage, subject to the generally accepted principles of international law

(d)   Crimes committed outside the Phil but punishable under Article 2 of the RPC: any court where the action is first filed.

28.              What is the rule in the intervention of offended party in the criminal case?

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. (Sec. 16, Rule 110, Rules of Court)

By virtue of Sec. 16 of Rule 110 in relation to Sec. 1 of Rule 111, for the offended party to acquire the right to intervene in the prosecution of the offense, it is necessary that the civil action for the recovery of the civil liability be instituted with the criminal action. If the civil liability has been waived, or the civil action to recover the civil liability has been reserved or has been instituted prior to the criminal action, there is no civil liability which would supply a basis for the intervention of the offended party through his counsel or private prosecutor. The presence of a private prosecutor in the criminal action may be objected to by the prosecution. 



































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