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40 Cards in this Set
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RULE 110 - PROSECUTION OF OFFENSES
Section 1. Institution of criminal actions. |
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 2. The complaint or information |
The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 3. Complaint defined |
A complaint is a 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.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 4. Information defined. |
An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
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RULE 110 - PROSECUTION OF OFFENSES
Section 5. Who must prosecute criminal action. First Part |
All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted upon a complaint filed by the offended party of her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.chan robles virtual law library |
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RULE 110 - PROSECUTION OF OFFENSES
Section 5. Who must prosecute criminal action. Second Part |
The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.
No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. The prosecution for violation of special laws shall be governed by the provision thereof. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 6. Sufficiency of complaint or information. |
A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.
When an offense is committed by more than one person, all of them shall be included in the complaint or information. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 7. Name of the accused. |
The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 8. Designation of the offense. |
The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 9. Cause of the accusation. |
The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstance and for the court to pronounce judgment.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 10. Place of commission of the offense. |
The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 11. Date of commission of the offense. |
It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 12. Name of the offended party. |
The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged. (b) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record. (c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 13. Duplicity of the offense. |
A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses.
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 14. Amendment or substitution. |
A complaint or information may be amended, in form or in substance, without leave of court and when it can be done without causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion 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 copies of its order shall be furnished all parties, especially the offended party. If it appears at anytime before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 15. Place where action is to be instituted. |
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival. (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. |
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RULE 110 - PROSECUTION OF OFFENSES
Sec. 16. Intervention of the offended party in criminal action. |
Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense.
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 1 |
Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction;
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 2 |
Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine and other accessory penalties and civil liability;
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 3 |
Offenses involving damage to property through criminal negligence;
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 4 |
Where the only penalty provided by law is a fine: exclusive original jurisdiction over offenses punishable with a fine not exceeding P4,000;
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 5 |
Election offenses: Failure to register or failure to vote;
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 6 |
Special Jurisdiction to hear and decide petitions for a writ of habeas corpus or application for bail in the province or city where the RTC judge is absent;
7. BP 22 (?) |
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What is the jurisdiction of Municipal Trial Courts in criminal cases?
No. 7 |
BP 22
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What is the jurisdiction of Regional Trial Courts in criminal cases.
No. 1 |
1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan. All criminal cases where the penalty is higher than 6 years, including government-related cases wherein the accused is not one of those falling under the jurisdiction of the Sandiganbayan.
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What is the jurisdiction of Regional Trial Courts in criminal cases
No. 2 |
2. Other laws which specifically lodge jurisdiction in the RTC:
a. Law on written defamation or libel b. Decree on Intellectual Property c. Dangerous Drugs Cases except where the offenders are under 16 and there are Juvenile and Domestic Relations Courts in the province d. Election offenses, except those relating to the offense of: → Failure to register → Failure to vote |
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What is the jurisdiction of Regional Trial Courts in criminal cases No. 3
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3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial jurisdiction.
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What is the jurisdiction of Regional Trial Courts in criminal cases
No. 4 |
4. In areas where there are no family courts, the cases falling under the jurisdiction of family courts shall be adjudicated by the RTC
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What are the cases cognizable by the Family Courts?
No. 1 |
Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age, or where on or more of the victims is a minor at the time of the commission of the offense.
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What are the cases cognizable by the Family Courts?
No. 2 |
Cases against minors cognizable under the Dangerous Drugs Acts
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What are the cases cognizable by the Family Courts?
No. 3 |
Violations of the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”
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What are the cases cognizable by the Family Courts?
No. 4 |
Cases of domestic violence against women and children
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RULE 111 - PROSECUTION OF CIVIL ACTION
Section 1A. Institution of criminal and civil actions. |
When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation. When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefore shall constitute a first lien on the judgment awarding such damages. Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. Except as otherwise provided in these Rules, no filing fees shall be required for actual damages. No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action. |
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RULE 111 - PROSECUTION OF CIVIL ACTION
Section 1B. Institution of criminal and civil actions. |
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed. Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall pay additional filing fees based on the amounts alleged therein. If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the judgment. Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with the court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. |
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RULE 111 - PROSECUTION OF CIVIL ACTION
Sec. 2. When separate civil action is suspended. |
After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.chan robles virtual law library
If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever state it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. During the pendency of the criminal action, the running period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. |
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RULE 111 - PROSECUTION OF CIVIL ACTION
Sec. 3. When civil action may proceed independently. |
In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.
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RULE 111 - PROSECUTION OF CIVIL ACTION
Sec. 4. Effect of death on civil actions. |
The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased.chan robles virtual law library If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. |
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RULE 111 - PROSECUTION OF CIVIL ACTION
Sec. 5. Judgment in civil action not a bar. |
A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action.
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RULE 111 - PROSECUTION OF CIVIL ACTION
Sec. 6. Suspension by reason of prejudicial question. |
A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests.
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RULE 111 - PROSECUTION OF CIVIL ACTION
Sec. 7. Elements of prejudicial question. |
The elements of a prejudicial questions are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed.
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