crimpro chapter ii notes

8/12/2019 CrimPro Chapter II Notes

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Rule 110 Notes Chapter II

I. Institution of Criminal Actions

Purpose of a Criminal Action

To determine the penal liability of the accused who outraged thestate with his crime, and if guilty, to punish him for it.

The offended party is regarded as a mere witness for the state.How Instituted

Generally depends on whether or not a preliminary investigationis required (See Rule 110 Sec 1, (a) and (b))

If a PI is not required, it may be filed either directly with the MTCor through the office of the prosecutor.

o EXCEPT in Manila and other Chartered Cities, where itmust be filed in the prosecutors office OR as provided intheir charters.

No Direct Filing with the RTC, or MTC of Chartered Cities

RTCs jurisdiction covers offense which requires PI, becauseunder Rule 112 Sec 1, offenses which are punishable by at least 4

years 2 months, a PI is required. Since RTCs jurisdiction is foroffenses punished by at least 6 years, a complaint must always

be filed with the proper office and not directly with the RTC.

o EXCEPT as provided by the last sentence of the firstparagraph of Rule 112, Sec 6 for when the accused waslawfully arrested without a warrant.

For MTCs in chartered cities, there is no direct filing, unless itscharter provides such rule. In case of conflict with the Rule and a

citys charter, the latter prevails, being substantive law.

Effect of Institution of the Criminal Action on the Prescriptive Period

Institution of the criminal action interrupts the running of theprescriptive period. As provided by Rule 110 Sec 1.

o UNLESS otherwise provided under special laws.

People v Bautista prescriptive period remains tolled from thetime the complaint was filed until such time the accused is

acquitted or convicted.

Issues under Art. 90 & 91 of the RPCo People v Tayco complaint or information referred to by

Art. 91 is the one filed with the proper court, not at the

fiscals office.

oPeople v Olarte filing of the complaint/informationwith the justice of the peace for preliminary investigation

interrupts prescription. Art. 91 RPC did not distinguishcomplaint in the proper court and complaint with the

proper office.

o Olarte is the true doctrine. Such that even when theinformation or complaint is filed with a wrong courtthereafter, the prescription is still interrupted.

Rule on Prescription for Violations of Special Laws/Ordinances.

Act 3326 governs prescriptive periods of special laws andordinances.

Institution of judicial proceedings interrupts the running ofprescription.

Conflict with the rule in recent caseso Sanrio v Lim the filing of the complaint-affidavit with

the TAPP of the DOJ for a violation of the Intellectual

Property Code interrupted the running of prescription.

Seemingly contravened the judicial proceedings rule

under Act 3326.

o Panaguiton v DOJ The issue was whether prescriptionfor a violation of BP 22 is interrupted upon the filing ofthe complaint in the Office of the Prosecutor, since the

law contemplates judicial, not administrative

proceedings. The court ruled that it is interrupted upon

the filing in the prosecutors office and explained that atthe time of the passing of Act 3326, preliminary

investigations could be conducted by justices of the peace

and was the reason the law used judicial proceedings,for its investigation.

o SEC v IRC for a violation of the Securities RegulationCode, the investigation conducted by the SEC, which is


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equivalent to a preliminary investigation of the DOJ,

effectively interrupts the running of prescription. This is

so because the SEC has specialized competence to

investigate on the matter, which under the doctrine of

primary jurisdiction, the court will not intervene in.

Hence, the current rule is the filing of the affidavit or complaintfor preliminary investigationinterrupts prescription.

II. Prosecution of the Criminal Action

Who must Prosecute the Criminal Action

The criminal action is prosecuted under the direction and controlof thepublic prosecutor.

o EVEN if there is a private prosecutor. This is because a criminal offense is an outrage against the

sovereignty of the state. So only a representative of the state

shall prosecute it.

Appearance of a Private Prosecutor

Appointed by the offended party and allowed only where thecivil action for recovery of civil liability is instituted in the

criminal action (Rule 110 Sec 16)

Offended party cannot intervene when he;1. Waives the civil action2. Reserves the right to institute it separately3. Institutes the civil action prior to the criminal action.

(Rule 111 Sec 1)

Effect of Filing and Independent Civil Action

Does not deprive the offended party of his right to intervene inthe prosecution of the offense.

Under Rule 111 Sec 1, the civil action for recovery of civil liabilityarising from the offense charged is deemed instituted with the

criminal action, implying that those that do not arise from the

offense charged is not deemed instituted. These actions may

proceed independently of the criminal action (Rule 111 Sec 3).

o Ex. Arts. 32-34 and 2176 of the Civil Code. The effect of these independent civil actions is that the offended

party may still intervene in the criminal action to protect his civil

interests therein despite having filed the independent civil

actions.

Consequences of a Public Prosecutor Directing and Controlling the

Prosecution of the Criminal Action

The public prosecutor has the power and discretion to1. Determine whether there is a Prima Facie case2. Decide which of the conflicting testimonies should be

believed free from the interference of the offended party.

3. Determine which witnesses to present in court, subject tothe right against self-incrimination. (even a state

witness)

He may turn the prosecution of the case over to a privateprosecutor but may take over any time during the conduct of the

trial.

Not even the SC can order the prosecution of a person who aprosecutor does not find a prima facie case against.

o EXCEPT when there is a grave abuse of discretion. Tan v People - It is the executive department, through the DOJ,

which is tasked with the duty to investigate the commission of

offenses, pursuant to Sec 3, par. 2 of the Revised Administrative

Code, and to prosecute crimes in the name of the Philippines.

(Under Rule 110 Sec 2, criminal cases are prosecuted in the

name of the Philippines) Since it is the DOJ which is so

authorized, it is in the best position to determine whether a

similar case is pending in another court or tribunal and as such,has the authority to sign the certificate of non-forum shopping.

People v Dumlao A conspiracy is a joint offense which cannotbe committed by one person alone. BUT, it does not mean thatone person cannot be convicted of conspiracy despite the

acquittal or deaths of his co-conspirators. So long as the basis for

a charge of conspiracy remains, he can still be convicted. (ex. Theco-conspirators proved exempting circumstances)

o As for the claim that it would violate the right to theequal protection of laws to prosecute only one in a party


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of co-conspirators, it is clear that the prosecutor has the

discretion to handle a case, and a non-inclusion of other

guilty persons is irrelevant. A claim of discriminatory

purpose is never presumed.

Pinote v Ayco While a prosecutor was absent due to medicaltreatments, a judge allowed the defense to present two

witnesses. The prosecutor, upon returning, objected to the

proceedings saying that allowing the defense to presentwitnesses in his absence was erroneous and highly irregular, and

thus void. SC ruled that under Rule 110 Sec 5, the prosecution is

under the direct control and supervision of the prosecutor. The

judge violated the Rule in allowing the presentation of witnesses

for the defense in the absence of the prosecutor. The court added

that if the accused is entitled to due process, so is the State.

Prosecution of a Criminal Action in the MTC or MCTC

If the assigned public prosecutor is absent, persons who mayprosecute the action under Rule 110, Sec 5 are;

1. Offended party2. Any peace officer3. Public officer charged with the enforcement of the law

violated.

Prosecution for Violations of Special Laws

Its provisions govern (Rule 110, Sec 5)III. Intervention of the Offended Party in the Prosecution of the

Criminal Action.

Intervention of the Offended Party

Since every person who is criminally liable is also civilly liable(Art. 100 RPC), which includes restitution, reparation andindemnification for consequential damages (Art. 104 RPC), an

offender is obliged to satisfy the civil liability resulting from the

crime, even if pardoned or given amnesty, with the only

exception being when the civil liability has been extinguished.(Art. 113 RPC)

As such, the offended party may intervene in the prosecution ofthe offense. (Rule 110 Sec 16)

For the offended party to acquire the right to intervene, the civilaction must be instituted with the criminal action. And he cannot

intervene if the instances under Rule 111 Sec 1 are present (see

page 2 on appearance of a private prosecutor)

However, there are instances where the criminal action givesrise to an independent civil action, to wit;1. The ones arising from the offense charged under Art. 100

RPC

2. Civil liabilities arising from quasi-delicts3. Civil liabilities arising from independent civil actions.

This would mean that despite the institution of the independentcivil action, the offended part may still intervene in theprosecution of the criminal action as the civil liability there

arises from the violation of the offense charged while the civil

liability in the independent civil action arises from a distinct

source of liability(i.e. quasi-delict). (see Rule 110 Sec 3)

When a Private Prosecutor may Prosecute a Case even in the Absence of

a Public Prosecutor

He must be authorized to do so in writing, given by either theChief of the Prosecuting Office or the Regional State Prosecutor.

However, it is subject to the approval of the court (Rule 110 Sec

5)

Allowable reasons for the authorization;1. Heavy work load of the public prosecutor2. Lack of public prosecutors

Extent of Authority Given to the Private Prosecutor

To prosecute the criminal action up to the end of the trial orwhen his authority is revoked or withdrawn.


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IV. Prosecution of Private Crimes (memorize Sec. 5)

Prosecution of the Adultery and Concubinage

Must be filed by the offended spouse, otherwise, the prosecutorcannot prosecute the case.

Must be instituted against both guilty partieso EXCEPT when one is no longer alive.

The offenders must not have been consented to or pardoned bythe offended party, either express or implied.

Prosecution of Seduction, Abduction, and Acts of Lasciviousness

Must be filed by the offended party, her parents, grandparents,or guardian and they must not have expressly pardoned the

offender.

If the offended party dies and no other may file the case, the stateshall initiate the action on her behalf.

Even the offended party who is a minor may initiate the actionalone

o EXCEPT if she is incompetent or incapable to do so.Effect of RA 7610

Who may file complaints on cases of unlawful acts committedagainst children;

1. Offended party2. Parents or guardians3. Ascendant or collateral relative within 3rd degree of

consanguinity

4. Officer, social worker, or representative of a licensedchild-caring institution5. Officer or Social Worker of DSWD6. Barangay Chairman7. At least 3 concerned, responsible citizens where the

violation occurred. (Sec 27 RA 7610)

Prosecution of Defamation

Defamation contemplated by Rule 110 Sec 5 is that imputation ofconcubinage, adultery, seduction, abduction, and acts of

lasciviousness only.

Only the offended party may file the complaint.V. The Complaint or Information

Meaning of Complaint

Complaint sworn written statement charging a person with anoffense, subscribed by the offended party, any peace officer, or

other public officer, charged with the enforcement of the law

violated. (Rule 110 Sec 3) It is not a mere statement.

In Whose Name and Against Whom Filed

Must be filed in the name of the People of the Philippines andagainst allpersons who appear responsible for the offense. (Rule110 Sec 2)

Since the offended party is a mere witness, he cannot appeal thedismissal of the criminal case or acquittal of an accused.

o He may only appeal the civil aspect of the case, in whichcase it is brought in his name.

Only the OSG can appeal a dismissal by the RTC.Meaning of Information

Information an accusation in writing charging a person with anoffense subscribed by the prosecutor and filed with the court(Rule 110 Sec 4)

Not required to be sworn unlike a complaint, only subscribed bya prosecutor.

Distinctions between Complaint and Information

An information does not require to be sworn because theprosecutor subscribing it is already under oath of his office.

As to who subscribes, an information is limited only to aprosecutor while a complaint is subscribed by either the


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offended party, a peace officer or public officer charged with the

enforcement of the law violated (Rule 110 Sec 4)

Infirmity of the Signature in the Information

Since the information is what vests jurisdiction of the court overthe person of the accused and subject matter, an infirmity

therein is not cured by silence, acquiescence or even by express

consent.

Sufficiency of Complaint or Information

Must contain the following;1. Name of the accused, or all of them if committed by more

than one.

2. Designation of the offense given by the statute3. Acts and omissions complained of as constituting the

offense

4. Name of the offended party5. Approximate date of the commission of the offense6. Place where the offense was committed. (Rule 110 Sec 6)

Test for Sufficiency of the Complaint or Information

The crime described is in intelligible terms with suchparticularity as to appraise the accused of the offense charged.

The reason being that the accused is presumed to have noindependent knowledge of the facts constituting the offense.(Presumption of Innocence?) and the information should enable

him to suitably prepare for his defense.

Questioning the Insufficiency of the Complaint or Information

The right to question the sufficiency of the information isdeemed waived if the accused fails to object upon his voluntaryarraignment or participated during trial.

Objections as to Form

Cannot be made the first time on appeal, as the accused isdeemed to have waived it.

Date of the Commission of the Offense

Precise date is not needed, only a date as near as possible to theactual date of commission.

o EXCEPT when the date is a material element of theoffense. (Rule 110 Sec 11)

Determination of the Nature or Character of the Crime

Determined by the recital of the ultimate facts and thedescription of the crime charged

o NOT by caption or preamble of the information or by thespecification of the provision of law allegedly violated,

for they are mere conclusions of law.

How to State the Name of the Accused

Name and Surname, or any appellation or nickname If it is not known, he must be described under a fictitious name

o If his true name is disclosed or becomes knownthereafter, it shall be inserted in the complaint orinformation (Rule 110 Sec 7)

Mistake in the nameis not necessarily a mistake in the identityofthe accused. But the identity must be proven.

How to State the Name of the Offended Party

If a natural person, name and surname or appellation ornickname etc.

o Same rules apply as with the name of the accused. (Rule110 Sec 12)

If a juridical person, it is sufficient to state its name or any nameor designation by which it is known or is identified.


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o No need to aver that it is a juridical person (Rule 110 Sec12[c])

Rule if the Name of the Offended Party is Unknown in Offenses against

Property

The property must be described with such particularity as toproperly identify the offense charged.

Sayson v People the criminal act charged in thecomplaint/information must be properly identified in case the

name of the accused is unknown.

Designation of the Offense

Since it is not the name given by the prosecutor to the crimeallegedly committed that would control, the accused need notfocus on the same. Rather, he should focus on whether or not he

performed the acts alleged in the information and in the manner

described, for these facts would determine the crime actuallycommitted and which he must be most interested in.

The guideline is found under Rule 110 Sec 81. Name of the offense given by the statute. If none,

reference to the section or subsection punishing it .

2. Averment of acts or omissions constituting the offense.3. Specifying the qualifying and aggravating circumstances

of the offense.

Effect of Failure to Designate the Offense by the Statute or Failure to

Mention the Provision Violated

Does not vitiate the information IF the facts alleged clearly recitethe facts constituting the crime charged.

Licyayo v People The fact that the information does notspecifically mention Art. 249 of the RPC will not make the

information defective since the information nonetheless narratesfacts which unmistakably constitute the crime of homicide. This

deficiency will not violate the accuseds right to be informed of

the nature and cause of the accusation against him as it is the

ultimate facts which determine the crime committed.

Effect of Failure to Specify the Correct Time

Similar with the rule aforementioned, it is the ultimate factswhich will determine the crime committed.

Statement of Qualifying and Aggravating Circumstances

Must be stated in the information for them to be considered inthe imposition of the penalty.

People v Mendoza When a qualifying circumstance is notalleged, the offender cannot be made to suffer a higher penalty as

he cannot be held liable for a graver offense than that which he

was indicted. This would be a denial of the right to be informed

of the charges against him and, consequently, a denial of due

process.

Buebos v People failure to allege that the house burned wasinhabited would only hold the offender liable for simple arsonand not arson of an inhabited dwelling.

Prior to the 2000 Revised Rules of Criminal Procedure, thecourts would award exemplary damages if aggravatingcircumstances are proved during trial though not alleged in the

information. Now, it must be alleged, otherwise it is not

considered, even if proved.

The information need not allege a circumstance as qualifying, solong as it is narrated in the ultimate facts, it is deemed alleged.

Francisco v People Though conspiracy must be alleged, notmerely inferred, the absence of words such as conspiracy,conspired, in conspiracy with does not necessarily mean that

conspiracy was not alleged. The information readily showed that

the co-accused had participate[d] in and facilitate[d] thecommission of the offense. This phrase is a clear allegation ofconspiracy.

People v Ubina in the crime of rape, an allegation ofrelationship when the relation is consanguinity or affinity within

the third civil degree, and not of a parent, ascendant, step-

parent, guardian or common law spouse of the mother, it mustbe specifically alleged such that a mere mention that the offender

was the uncle of the offended party without stating the civil


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degree is not sufficient to be considered as an allegation of a

qualifying circumstance.

Cause of the Accusation

An accuseds right to question his conviction based on facts notalleged in the information cannot be waived.

He cannot be convicted of an offense not charged, no matter howclear and conclusive the evidence of guilty may be.

o A variance between the allegation and proof adducedduring trial shall be fatal if it is material and prejudicial

to the accused to an extent that affects his substantialrights.

It is not necessary to employ the words used in the statuteallegedly violated, only that ordinary and concise language is

used such that a person of common understanding would know

the offense charged, acts and omissions constituting the offense,

and the qualifying and aggravating circumstances. (Rule 110 Sec

9) The information must clearly allege the elements of the crime

charged. The purpose is for the accused to be informed of the

crime charged and if found guilty, to plead his conviction in a

subsequent prosecution.

If the law requires intent but intent was not alleged, there can beno conviction.

People v Tamus the 2000 Rules of Criminal Procedure must begiven retroactive effect following the rule that statutes governing

court proceedings will be construed as applicable to all actions

pending and undermined at the time of its passing.

People v Meija in a case of rape, minority was notalleged butproved while relationship was alleged and proved. But to be

convicted under Art. 266-B RPC, both minority and relationship

must be alleged and proved to qualify rape.

o Elementary is the doctrine that the prosecution bears theburden of proving all the elements of a crime, including

the qualifying circumstances.

How to State the Date of Commission of the Offense

The only time it is necessary to state the precise date is when it isa material ingredient of a crime. (Rule 110 Sec 11)

Otherwise, an approximate date will suffice.Duplicity of the Offense

A complaint/Information must charge only one offense.o EXCEPT when the law prescribes a single punishment for

various offenses (Rule 110 Sec 13)

Failure of the accused to object on the ground of duplicity willconstitute a waiver.

o Even if two or more crimes were erroneously charged butlater on proved.

VI. Venue of Criminal Actions

Criminal Actions must be instituted in the court of themunicipality or territory where the offense was committed or

where any of its essential ingredients occurred. (Rule 110 Sec15[a])

For written defamation, see Art. 360 RPC Merely alleging that the article was printed by a particular

magazine will not suffice even if the magazine has generalcirculation in the venue where the complaint was filed.

Rule where Offense was committed in a Train, Aircraft or Vehicle.

See Rule 110 Sec 15[b]Rule where Offense was Committed on Board a Vehicle

See Rule 110 Sec 15[c]Rule when the Offense is covered by Art. 2 RPC

See Rule 110 Sec 15[d]How to State the Place of Commission of the Offense


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It is sufficient when it can be understood that it was committedor some of its essential ingredients occurred within the

jurisdiction of the court (Rule 110 Sec 10)

VII. Amendment or Substitution of the Complaint or Information

Amendment of the Information/Complaint BeforePlea

It may be amended inform or in substancewithout the need forleave of court

o EXCEPT when the amendment downgrades the offensecharged or excludes any accused from the information or

complaint. (Rule 110 Sec 14)

See Rule 110 Sec 14 for other details.Rule as to AmendmentAfter the Plea of the Accused

As toformal amendments, it must be done under 2 conditions;1. Leave of court must be secured2. The amendment does not cause prejudice to the rights of

the accused (Rule 110 Sec 14)

It seems that no amendments as to substance can be allowed athis stage.

o EXCEPT if beneficial to the accused.When Amendement is Formal or Substantial

Test as to whether a defendant is prejudiced by an amendment when a defense under the information as it originally stood

would still be available after the amendment is made. Formal amendments;

1. Amending the range of the penalty imposable in theevent of conviction

2. Not charging another offense different and distinct fromthat charged in the original one

3. That which does not alter the prosecution s theory so asto cause surprise to the accused and affects his defense

4. That which does not adversely affect the substantialrights of the accused

5. That which merely adds specifics to eliminate vaguenessin the information.

Pacoy v Cajigal - Formal and Substantial amendment distinction;A change of the word Homicide to Murder without changinganything else in the information is a mere formal amendment, as

there was no change at all made in the recital of facts . The change

did not prejudice the rights of the accused as defenses under the

original information were still available under the amended

information. (as a rule, the offense is determined not by the title

but by the ultimate facts)

Substitution of Complaint or Information

See Rule 110 Sec 14 The original complaint or information is subject to Rule 119 Sec

19 on the procedure on how an information would be

substituted.

Distinction between Amendment and Substitution

1. Amendment may involve either formal or substantial changes,while substitution necessarily involves a substantial change from

the original charge;

2. Amendment before plea has been entered can be effectedwithout leave of court, but substitution of information must be

with leave of court as the original information has to be

dismissed;3. Where the amendment is only as to form, there is no need for

another preliminary investigation and the retaking of the plea of

the accused; in substitution of information, another preliminaryinvestigation is entailed and the accused has to plead anew to thenew information; and

4. An amended information refers to the same offense charged inthe original information or to an offense which necessarily

includes or is necessarily included in the original charge, hencesubstantial amendments to the information after the plea has

been taken cannot be made over the objection of the accused, for

if the original information would be withdrawn, the accused

could invoke double jeopardy. On the other hand, substitution


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requires or presupposes that the new information involves a

different offense which does not include or is not necessarily

included in the original charge, hence the accused cannot claim

double jeopardy.

The rule is that if the second information involves the sameoffense, or an offense which necessarily includes or is included in

the first, an amendment is sufficient; otherwise, where the new

information charges a distinct and different offense, a

substitution is in order.

crimpro chapter ii notes

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