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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