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Rules of Court - Rule 110
Rules of Court - Rule 110
Offended party defined - as the person against whom or against whose property
the crime was committed.
- Necessary to maintain a private penal action of injured party himself: (1) the
declaration of criminal liability carries with it the declaration of the resulting civil
obligation; (2) there are crimes which cannot be prosecuted other than at the formal
instance of the injured person.
- Offended party in civil liability includes the relatives of the victim, in case of the
latter's death.
- While the right to file complaint is personal to the offended party, it is extinguished
upon his death and in transmissible to the heirs. (The heirs could only file action for
civil liability)
Public Officer Charged with the Enforcement of the Law Violated - internal
revenue agents (violation of National Internal Revenue Code); Custom Agent
(violation of Tariff and Custom Code; Authorized agents of National Pollution Council
(violation of Anti-Pollution Law).
Complaint maybe filed with the court or office of fiscal - unlike information, a
complaint need not necessarily be filed with the court and may therefore be laid
before the City Fiscal for investigation.
- A "salaysay" / accounts of rape incident executed by the offended party before
Provincial Fiscal, is not the complaint contemplated by this rule. Salaysay filed in
fiscal and not with the court did not start the criminal proceeding.
Lack of Oath is not a fatal defect - complaint filed by the private person, when not
sworn by him is not
necessarily void, judgment should not be set aside for such
defect.
Filing of complaint does not require mediation of prosecutor - the court has no
authority to dismiss the complaint because it is not presented through mediation of
prosecuting attorney.
- the court could either cite the prosecuting attorney to intervene or transmit to him
the case for PI.
Complaint, when required - sworn written complaint is required for offenses which
cannot be prosecuted de officio (private crimes), or those which need to be endorsed
by specific public officers.
- Private crimes (those that cannot be prosecuted de oficio) - adultery, concubinage,
acts of
lasciviousness, seduction, abduction, defamation consisting of imputation of
the preceding crimes.
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- To be endorsed by public officers, public prosecutor may file information only after
the determination of
the administrative body. To file an information prior to such
determination is premature and
concomitantly, the court is without jurisdiction to
take cognizance of the offense.
The administrative body is vested with the authority to determine when to institute a
criminal action for
violation of the law entrusted to it for enforcement.
e.g. the exclusive authority of the Commission on Immigration to investigate and
impose administrative fines under Alien Registration Act.
e.g. Anti Dummy Law - not within the authority of the fiscal to prosecute violations
independently of the
Anti-Dummy Board.
e.g. National Water and Air Pollution Commission.
Section 4. Information Defined
Complaint and Information, distinguished
- Complaint is signed by the offended party, peace officers, and public officers
Information is always signed by the Fiscal or prosecuting officer.
- Complaint is sworn by the person signing it
Information need not to be sworn / under oath, as the prosecutor is acting
under the special
responsibility of his oath of office.
- Complaint is filed either in court of fiscal's office
Information is always filed in the court.
Persons authorized to file information
- Lawyer appointed by Secretary of Justice to assist the fiscal is authorized to sign
information, make investigations and conduct prosecutions.
- Prosecution of cases cognizable by Sandiganbayan shall be under exclusive
control and supervision of the Office of the Ombudsman.
Section 5. Who must prosecute criminal actions
Prosecution of criminal cases, direction and control
- All criminal actions commenced either by complaint or information shall be
prosecuted under the direction and control of the fiscal.
- The fiscal takes charge of the prosecution of the suit in the name of the People
until the termination thereof.
- Fiscal is a quasi-judicial officer; may move for the dismissal of the case already
filed in court; power to decide unto which of the conflicting testimonies to believe;
determination of the witnesses to be presented.
- Fiscal is under no compulsion to file information, where he is not convinced with
the evidence presented and gathered.
- Even the court cannot interfere with the control of the fiscal over the action.
- The court cannot compel the fiscal to prosecute a proceeding, originally initiated
by him, if he finds the evidence relied upon him is insufficient for conviction.
(Motion to dismiss should be properly addressed to the sound discretion of the
trial court)
- Nor the court has the power to direct the fiscal to file information within
particular period.
Motion to dismiss the case in court
- Where the information was already filed to the court, fiscal has no more control
over it, the motion to dismiss should be properly addressed to the sound
discretion of the trial court.
- Court may refuse the motion of the fiscal for the dismissal of the case (upon
order to him by the Secretary of Justice), and should continue to appear in the
prosecution of the case.
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- Even if the fiscal is not convinced that a prima facie case exists, he cannot
refuse to prosecute the same, in the event that his motion to dismiss was denied.
The least he can do is to continue to appear for prosecution and turn over the
prosecution of evidence to another fiscal or private prosecutor subject to his
control and supervision. In the absence of other prosecutor, he should proceed to
the discharge of his duties, and let the court decide the merits of the case based
on the evidences adduced by both parties.
- Prosecuting officer cannot be compelled by a MANDAMUS to file criminal
information / be controlled by WRIT OF PROHIBITION to restrain a criminal
prosecution.
- But once filed in the court, the same cannot be dismissed or withdrawn without
the court's approval.
Motion for reinvestigation
- Where the information was already filed in the court and the fiscal find it proper
to conduct reinvestigation, the permission of the court must be secured. The
court may grant the motion or deny the same. Once the information was already
filed in the court, and has acquired jurisdiction over the case, it shall be under the
determination of the court.
- It is not proper for the Secretary of Justice to review the case already dismissed
by the court.
- Sec 4 Rule 112 of ROC, the Secretary of Justice has the authority to reserve the
resolution of the prosecutor upon the petition of the proper party. The Sec of
Justice has the power of supervision and control over prosecuting officers, and
decides which of the conflicting theories of complainant and respondents should
be believed.
When the prosecution may be controlled by a person other than the
public prosecutor.
- Private Prosecutor - should be authorized in writing by the Regional State
Prosecution or the Chief Prosecution Office and subject to the approval of the
court.
Heavy work schedule of the public prosecutors
Lack of public prosecutors
- No need for the public prosecutor to give his written conformity in any pleading
filed by the private prosecutor (except for plea bargaining, amendment of
information and dismissal of the case)
Exclusive Right of the Sol Gen to handle criminal cases in CA and SC,
exception.
- It is only the Solicitor General that is authorized to bring and defend actions in
behalf of the People once the case is brought to CA and SC.
- Decisions of Sandiganbayan brought before the SC, the people shall be
represented by the Office of the Ombudsman, through its Special Prosecutor.
Intervention of the aggrieved party
- The offended party has the right to intervene in criminal prosecution, and losses
such right in the vent that he waives his right to file a civil action, or he reserves
his right to institute one.
- The complainant has no authority to move for the revival or dismissal of the
case they have asked to be filed.
- Offended party may not appeal from the order of dismissal by the court upon
motion of the fiscal, for to permit him to do so in such a case would be
tantamount to giving said party as much right to the direction and control of a
criminal proceeding as that of the fiscal.
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- Substantial defect in the information cannot be cured by evidence for that would
jeopardized the right of the accused to be informed of the nature of the offense
charged against him.
- even if the crime not alleged in the information was established by evidence
without objection from the accused cannot cure the defect of the information.
- the accused cannot be convicted of a crime under mode of commission different
from that alleged in the information.
Ambiguity of information
- to be resolved in favor of the accused.
Section 7. Name of the Accused
Reason for this rule
- to make specific identification of the person to whom the commission of an
offense is being imputed.
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- it is sufficient that the information contains allegations which state that the
offense was a necessary means to commit the other (complex), otherwise the
complaint or information charges 2 crimes / offenses independent of each other.
Defect in Complaint or Information
- Where the information does not state all essential facts and ingredients, the
accusation cannot stand.
- Prosecution for libel, the offensive expression must be in verbatim.
Defendant cannot be convicted of an offense graver than that alleged.
- Accused cannot be convicted of a crime higher than alleged, no matter how
convincing the evidence of guilty maybe.
Allegation of Aggravating and Qualifying Circumstance
- They must be alleged and proved during trial.
- While circumstances which are not specifically alleged in the information may
not aggravate the crime, insofar as the civil aspect of the crime is concerned they
may be considered to determine exemplary damages.
- Though the complaint alleged these circumstances, they will not be appreciated
if not alleged in the information in which the accused was arraigned.
Section 10. Place of Commission of the Offense
Reason for the rule:
- fixing the jurisdiction and venue
Allegation of specific place not required.
- it is not required that the complaint or information state with particularity the
place where the crime is committed.
Exceptions when specific place need to be averred
- if the place of the commission of the offense constitute an essential element of
the offense - robbery, destructive arson, trespass to dwelling, violation of zoning
ordinance.
- The exact place must be alleged to individuate the offense.
Section 11. Date of the Commission of the Offense
Averment of time of commission
- It suffices that the allegation approximates or be as near the actual date when
the offense was committed, though by no means should it be read as authorizing
the total omission of a date or such an indefinite allegations.
Illustrative Cases
- Where the variance date is so great, as to defy the approximation in the
commission of one and same offense, it did not afford the accused the
information required by law and therefore prejudice his defense.
Exception to the rule.
- When time is material ingredient of the offense charged, it becomes mandatory
to allege the same with particularity.
- e.g. information for the crime of infanticide
Section 12. Name of the Offended Party
Name of the Offended Party, when Indispensable
- In crimes against property, it is elementary that ownership must be alleged as a
matter essential to the description of the offense.
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- 2 or more violations of same penal provisions are united in one and same intent
leading to the perpetration of same criminal purpose or aim.
- e.g. - charge of smoking opium and possession of smoking paraphernalia - not
duplicitous, what alleged are descriptive of one and same offense, information is
valid.
4. Crimes susceptible of being committed in various modes
5. Crimes of which another offense is an ingredient
- e.g. valid information - alleging physical injuries in frustrated homicide; rebellion
- robbery, physical injury or arson. The offense charged merely describes and
narrate the different and specific acts the sum total of which constitute a crime.
Splitting a case is not allowed
- A defendant should not be harassed with various prosecutions basedupon the
same act by splitting the same law violated.
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Formal Amendment
- could be done after plea.
- to amend due to clerical errors.
- adding phrase like "with intent to gain" - merely expressed with greater
clearness the idea readily deducible.
- specification of allegation of serious physical injuries by specifying the wound
and injuries.
- insertion of the real name of the accused.
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necessarily included in the offense charged; (2) when offense proved is more
serious than, but included the offense charged.
- Charging the accused with crime of theft, and cannot be properly convicted of
estafa - the information should be dismissed and new one charging the proper
offense should be filed.
- Charged with robbery but the evidence shows that the crime committed is
bribery - new complaint charging bribery was ordered.
Section 15. Place where action is to be instituted.
Criminal jurisdiction and venue of action
- Venue is criminal cases is an element of jurisdiction, it cannot be waived,
changed by agreement of the party, of by consent of the defendant.
Cases
- Bigamy - where the 2nd marriage was contracted.
- Theft - where the object was stolen, not where the stolen object was found.
- Falsification - where the document was falsified, not where the falsified
document was used.
- Perjury - where it was intentionally given or submitted as false evidence by
means of the said affidavit, not the place where it was sworn / subscribed or the
making of the affidavit.
- illegal use of firearms - where the illegal possession was committed and not
where the firearm was confiscated.
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employee committed a crime of less serious physical injury - any MTC may take
cognizance of the court.
Change of venue - SC is vested by the Constitution upon it and other statutory
courts, possesses inherent power and jurisdiction to decree that the trial and
disposition of a case pending in court be transferred to another court within the
same judicial district, whenever the interest of justice and truth demands. (where
his life is at stake)
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