Rem Rev 2

CRIMINAL PROCEDURE A complaint or information must state the
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
*If at any time before judgment, it appears

that a mistake has been made in charging the 4. Survival and Extinction of Civil Liability Ex-
proper offense, the court shall dismiss the delicto
original complaint or information upon the a. In cases of Acquittal (See also Article
filing of a new one charging the proper 29 of CC)
offense. b. Death of the Accused
 after arraignment and during the
7. Venue of Criminal Actions (Section 15) pendency of the – civil liability shall be
extinguished
a. Criminal actions shall be instituted and tried  before arraignment – case shall be
in the court of the municipality or territory dismissed without prejudice to any civil
where the offense was committed or where action the offended party may file
any of its essential ingredients occurred against the estate of the deceased.
b. If committed in a train, aircraft, or other
public or private vehicle in the course of its trip 5. Prejudicial Question (Article 36, CC)
– in the court of any municipality or territory
the vehicle passed during its trip, including the Elements:
place of departure and arrival a. the previously instituted civil action
c. If committed on board of a vessel in the involves an issue similar or intimately related to
course of its voyage – in the court of the first the issue raised in the subsequent criminal
port of entry or of any municipality or territory action; and
where the vessel passed, subject to generally b. the resolution of such issue
accepted principles of international law. determines whether or not the criminal action
d. If committed outside the Philippines by may proceed.
punishable under Article 2 of the RPC – shall
be cognizable by the court where the criminal D. Preliminary Investigation (Rule 112)
action is first filed.
* required for offenses where the penalty
8. Intervention of Offended Party (Section 16) prescribed by law is at least 4 years, 2 months
and 1 day.
- Where the civil action for recovery of civil
liability is instituted in the criminal action 1. Authorized Officers; Determination of
pursuant to Rule 111, the offended party may Probable Cause (Sections 2-4)
intervene by counsel in the prosecution of the
offense. Who may conduct:
a. Provincial or City Prosecutors and
their assistants;
C. Prosecution of Civil Action (Rule 111) b. National or Regional State
Prosecutors; and
1. Implied Institution of Civil Action arising c. Other officers authorized by law.
from crime *Authority shall include all crimes cognizable
by the proper court in their respective
territorial jurisdiction.
2. Independent Civil Actions (See also Civil
Code, Article 31-34) How conducted:
a. Filing of complaint accompanied by
affidavits of the complainant and his witnesses,
including other documents to establish
probable cause
b. within 10 days, the investigating
officer shall either dismiss the case or issue a
subpoena to the respondent
c. within 10 days from receipt of the
subpoena, respondent shall submit his counter-
affidavit
d. If respondent cannot be subpoenaed
or did not submit his counter-affidavits, the
investigating officer shall resolve the complaint
based on the evidence presented by the
complainant
e.

Rem Rev 2

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CRIMINAL PROCEDURE A complaint or information must state the

*If at any time before judgment, it appears

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