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6 Cards in this Set
- Front
- Back
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How are criminal actions instituted?
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Section 1 of Rule 110 provides:
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required, 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 unless otherwise provided in their charters. |
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What is the effect of the institution of the criminal actions on the period of prescription of the offense?
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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. This rule however does not apply to violations of municipal ordinances and special laws for the same is governed by Act. 3326, which provides that the prescriptive period for violation of special laws is interrupted only by the institution of judicial proceedings; while violations of municipal ordinances prescribe after two months. |
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Distinguish “institution” from “commencement.”
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For offenses which require a preliminary investigation, the criminal action is instituted by filing the complaint for preliminary investigation. The criminal action is commenced when the complaint or information is filed in court. |
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Can the offended party go directly to court to file a criminal action?
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No, before a complaint is filed in court, there should have been a confrontation between parties before the Lupon chairman. The Lupon secretary must certify that no conciliation or settlement was reached attested to by the Lupon chairman. The complaint may also be filed if the settlement is repudiated by the parties. |
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Are there exceptions when the parties may go directly to court?
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Yes, the exceptions are:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies;
(4) Where the action may be barred by the statute of limitations. |
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When are amicable settlements not allowed (When there is no need for Lupon intervention)?
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Not allowed in the following instances:
(1) Where one party is the government or any subdivision or instrumentality thereof;
(2) Where one party is a public officer or employee and the dispute relates to the performance of his official functions;
(3) Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000;
(4) Offenses where there is no private offended party;
(5) Where the dispute involves real properties located in different cities or municipalities;
(6) Disputes involving parties who reside in different barangays, cities or municipalities;
(7) Other cases which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. |
