Rem Rev 2
Rem Rev 2
following:
A. Criminal Jurisdiction 1. Name of the accused – if the
offense is committed by one or more person,
B. Prosecution of Offenses (Rule 110) all of them shall be included in the complaint or
information.
1. Public vs. Private Crimes 2. Designation of the offense – it
must state the designation of the offense given
2. Role of Public Prosecutor (Section 5) by the statue, aver the acts or omissions
constituting the offense, and specify its
- A criminal action is prosecuted under the qualifying and aggravating circumstances.
direction and control of the public prosecutor 3. Cause of the accusation – must be
and is commenced either by a complaint or stated in ordinary and concise language and
information. not necessarily in the language used in the
- A private prosecutor may prosecute in the statute but in terms sufficient to enable a
absence of a public prosecutor provided that person of common understanding to know
he is authorized in writing by the Chief of the what offense is being charged, as well as its
Prosecution Office or the Regional State qualifying and aggravating circumstances and
Prosecution to prosecute the case, subject to for the court to pronounce judgment.
the approval of the Court. 4. Place of commission of the
offense
3. Complaint and Information (Sections 1-4) 5. Date of commission of the
offense – stating the precise date is not
Complaint Information necessary unless it is a material ingredient of
Must be made in writing, in the name of the the offense.
People of the Philippines and against all 6. Name of the offended party
persons who appear to be responsible for the
offense involved (Section 2)
Must be filed with the For all other 5. Duplicity of Offense (Section 13)
proper officer for offenses, must be
offenses where a filed directly with the - A complaint or information must charge only
preliminary MTC or MCTC one offense, except when the law prescribes a
investigation is single punishment for various offenses.
required pursuant to
Sec 1 of Rule 112 6. Amendment or Substitution of Complaint or
A sworn written An accusation in Information (Section 14)
statement charging a writing charging a
person with an person with an a. at any time before the accused enters
offense, subscribed offense, subscribed his plea, amendment, in form or in substance,
by the offended by the prosecutor may be made without leave of court.
party, any peace and filed with the b. After the plea and during the trial, a
officer, or other court (Section 4) formal amendment may only be made with
public officer charged leave of court and when it can be done without
with the enforcement causing prejudice to the rights of the accused.
of the law violated c. Any amendment before plea, which
(Section 3) downgrades the nature of the offense charged
in or excludes any accused from the complaint
4. Sufficiency of Complaint or Information or information, can be made only upon motion
(Sections 6-12) by the prosecutor, with notice to the offended
party and with leave of court. The court shall
state its reasons in resolving the motion and 3. Prior Reservation, Suspension, Waiver of
furnish all parties. Separate Civil Actions