Criminal Procedure Notes Rule 110
Criminal Procedure Notes Rule 110
PROSECUTION OF OFFENSES
PURPOSE OF CRIMINAL PROSECUTION – to determine the penal liability of the accused for
having outraged the state with his crime and, if he be found guilty, to punish him for it.
PARTIES: People of the Philippines and the accused
Private offended party is regarded merely as a witness for the State
CRIMINAL CASES
offended party is the state
interest of the private complainant/party is limited only to civil liability
role: witness to the prosecution
depends upon WON the offense is one which requires a preliminary investigation
PRELIMINARY INVESTIGATION IS REQUIRED
Criminal action is instituted by filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation (Sec. 1, Rule 110)
PRELIMINARY INVESTIGATION IS NOT REQUIRED
By filing the complaint or information directly with the MTC and MCTC
By filing the complaint or information with the office of the prosecutor (Sec. 1, Rule
110)
Manila and other chartered cities: the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.
Occurs in a case where preliminary investigation is not to be conducted and this refers to
offenses for which the penalty prescribed by law is less than 4 years, 2 months, and 1 day (Sec.
1, Rule 112) –JURISDICTION: MTC
ACT NO. 3326 – the law which governs the period of prescription for violations penalized by
special acts and municipal ordinances.
The running of the period of prescription is interrupted with the filing of the action even if the court in
which the action was filed is without jurisdiction.
Consequences of the rule that a criminal action is prosecuted under the direction and control of the
public prosecutor
Prosecution of a criminal action in the Municipal Trial Court or Municipal Circuit Trial Court
Shall also be prosecuted under the direction and control of the prosecutor
When the prosecutor assigned is not available, the action may be prosecuted by
(a ) the offended party,
(b) any peace officer,
(c) or public officer charged with the enforcement of the law violated
When the private offended party may appeal from or seek a review of the dismissal of a criminal case
w/o the intervention of the OSG
INSTANCES :
a. Where there is a denial of due process of law to the prosecution and the State and it’s agents
refuse to act on the case to the prejudice of the State and the private offended party;
b. Where there is a grave error committed by the judge;
c. When the interest of justice so requires
XPN: All cases elevated to the SB and from the SB to the SC, the Office of the Ombudsman,
through its special prosecutor, shall represent the PP except in cases filed pursuant to E.O Nos.
1,2,14, and 14A, issued in 1986
When a private prosecutor may prosecute a case even in the absence of the public prosecutor
If he is authorized to do so in writing.
Written Authorization – given by either the Chief of the Prosecution Office or the Regional State
Prosecutor ; be approved by the court
REASONS: public prosecutor has a heavy work schedule or there is a lack of public prosecutors
CIVIL LIABILITY is being prosecuted by a private prosecutor
III. INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION OF THE CRIMINAL ACTION
"Every person criminally liable for a felony is also criminally liable" (Article 100, Revised Penal
Code)
Person commits a crime, he offends two identities:
a. The State
b. The individual member of that society whose person, right, chastity or property was
actually/ directly injured by the act or omission
LEE CASE, CASE #10
The civil liability for a crime includes restitution, reparation of the damage caused and
indemnification for consequential damages (Article 104, Revised Penal Code)
It is because of the existence of a civil liability involved in a crime that the offended party is
allowed to intervene in the prosecution of the offense.
How offended party intervenes in a criminal case
The appointment of a private of prosecutor is done by the offended party and the mode by
which he intervenes in the prosecution of the offense.
Intervention: only allowed where the civil action for the recovery of the civil liability arising from
the offense charged is instituted in the criminal action pursuant to Rule 111, ROC
Offended party may not intervene:
a. Waives the civil action
b. Reserves the right to institute separately
c. Institutes the civil action prior to criminal action
REASON: There is no civil liability which would supply a basis for the intervention of the
offended party through his counsel/ private prosecutor.
Shall not be prosecuted except upon a complaint filed by the offended party (Sec. 5, Rule 110
ROC)
Rule: The prosecutor cannot prosecute the case where no complaint is filed by the offended
party.
Shall not be prosecuted except upon a complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by
any of them
Pardon: must be expressly made.
Prosecution of defamation
Under this rule (Sec. 5, Rule 110) consists in the imputation of the offenses of adultery,
concubinage, seduction, abduction and acts of lasciviousness
Only the offended party can initiate the criminal action.
Complaint – 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
filed in the name of the People of the Philippines and is filed against all persons who appear
to be responsible for the offense involved
The dismissal made by the RTC of the criminal case can only be appealed by the OSG
Meaning of information
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)
Only a public officer described by the Rules of Court as a "prosecutor" is authorized to subscribe
to the information
The information is considered the battle ground in criminal prosecutions.
1. Complaint is under oath. Information requires no oath. Sec. 4 merely requires that it be an
accusation in writing.
2. A complaint or information is subscribed by (a ) the offended party, (b) any peace officer, (c) or
other public officer charged with the enforcement of the law violated (Sec. 3, Rule 110, Rules of
Court). On the other hand, an information is subscribed by the prosecutor (Sec. 4, Rule 110,
Rules of Court).