REVIEWER: Rule 110 Prosecution of Offenses

 

RULE 110 PROSECUTION OF CRIMINAL ACTIONS

Question: How is a criminal action instituted?

Answer: The institution of criminal action depends upon whether the offense is one which requires a preliminary investigation.

(1) When the offense requires a preliminary investigation (PI) – a criminal action is instituted by filing a complaint with the proper officer for the purpose of PI.

(2) When the offense does not require preliminary investigation – a criminal action is instituted, either

    (a) by filing a complaint or information directly with the first         level courts (MTC/MCTC) or

    (b) by filing a complaint with the office of the prosecutor.

 

Note: In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor. Unless otherwise provided in their charters.

Question: Is there a direct filing in the Regional Trial Court (RTC)?

Answer: None. As a rule, there is no direct filing of an information or complaint with the RTC.

REASON: RTC’s jurisdiction covers offenses which require PI

*ETR – When the accused lawfully arrested without a warrant. (R.112 S. 6) 

Question: Is there a direct filing in the Metropolitan Trial Court (MeTC)?

Answer: None. There is no direct filing with the MeTC.     

REASON: In Manila and other chartered cities, as a rule, the complaint shall be filed with the office pf the prosecutor.

*ETR unless otherwise provided in their charters.

 

Question: How do you know when an offense requires a PI?

Answer: Where the penalty prescribed by law for the offense is at least four (4) years, two (2) months, and one (1) day.

 

Question: What is the purpose of conducting a PI?

Answer: The investigation is an inquiry aimed at determining whether a crime has been committed, whether the person the person complained of is probably guilty thereof. Hence, must be held for trial. Simply stated, the investigation is aimed at finding probable cause to charge the Respondent in court.

Question: Can the PI be dispensed even when the offense committed carries with it an imposable penalty of 4y2m1d?

Answer: Yes. In cases when the accused is lawfully arrested without a warrant. Thus, the accused is not entitled to an ipso facto right to a PI. He may request for the conduct of such provided that he validly signed a waiver of the provisions of Art. 125 of the RPC. Notwithstanding such waiver, he may apply for bail even before he is charged in court.

However, an inquest must be conducted in order for the complaint/information be filed before the court.

Question: What is the effect of the institution of the criminal action on the prescriptive period?

Answer:

GR – It shall interrupt the period of the prescription of the offense charged

ETR – Unless otherwise provided in special law

Thus, the filing of complaint with the proper office for the purpose of PI would interrupt the period of prescription. On the other hand, for offenses where PI is not required, the filing of the information/complaint directly with the MTC/MCTC shall interrupt the period of prescription.

 

Question: What is the effect of the institution of the criminal action on the prescriptive period?

Answer: Same as with the rule on ordinary criminal action. The prevailing rule is regardless whether the offense charged is punishable by the RPC or by special law, it is the filing of the complaint/information in the office of the public prosecutor for purposes of PI that interrupts the period of prescription.

 

Question: Does the period of prescription interrupts even though the court is without jurisdiction?

Answer: Yes. The running of the period of prescription interrupted upon filing of the action even the court in which the action was first filed is without jurisdiction.

It was only when the trial court dismissed the case due to lack of jurisdiction that the proceedings therein terminated without conviction and acquittal. Also, it was only then that the prescription period (which was interrupted during the pendency of the case) commenced to run again.

 

Question: Who must prosecute the criminal action and controls the prosecution?

Answer: It is prosecuted under the direction and control of a public prosecutor.

Thus, the public prosecutor has the power and discretion to:

(1) Determine whether a prima facie case exists;

(2) Decide which of the conflicting testimonies should be believed free from interference or control of the offended party; and

(3) Determine which witnesses to present in court subject only to the right against self-incrimination.

NOTE: The right to prosecute vests the prosecutor with a wide range of discretion of whether, what and whom to charge, the exercise of which depends on the factors which are best appreciated by prosecutors.

 

Question: Can the Supreme Court order the prosecution of a person?

Answer:  The Supreme Court cannot order the prosecution of a person against whom the prosecutor does not find sufficient evidence to support at least prima facie case.

 

Question: Is this rule absolute?

Answer: No. But the only possible exception to the rule is where there is unmistakable showing of grave abuse of discretion (gaod) on the part of the prosecutor.

 

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Question: What is a complaint?

Answer:  Complaint is a sworn written statement charging a person with an offense, subscribed by:

(1) the offended party

(2) any peace officer; or

(3) other public officer charged with the enforcement of the law violated.

NOTE: A complaint is not a mere statement. The statement must be “sworn: and “written.” It is subscribed only by any of the persons specified in the rule, as mentioned above.

 

Question: In whose name and against whom a complaint is filed?

Answer:  It is filed in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.

NOTE: In criminal action, the interest of the private complainant or the private offended party is limited to the civil liability. His role is limited to that of the witness for the prosecution. It follows that he may only appeal the civil aspect of the case even though the accused is acquitted.

 

Question: What is an information?

Answer:  An information is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. Only the prosecutor is authorized to subscribe the information.

NOTE: An information is likewise filed in the name of the People of the Philippines against all persons who appear to be responsible for the offense involved.

 

Question: Does an information need to be sworn?

Answer:  No. It is not required to be “sworn” unlike a complaint.

 

Question: What are the distinctions between a complaint and an information?

Answer:  

Complaint	Information
Must be sworn, thus under oath	Requires no oath because the prosecutor filing it is acting under the oath of his office.
Subscribed by any of the following: (1)  the offended party; (2) any peace officer; or (3) other public officer charged with the enforcement of the law violated.	Only the prosecutor can subscribe

 

Question: What is the effect if the information is signed by a person without authority?

Answer:  If the original information was signed and filed by one who had no authority to sign an file the same, the dismissal of the information would not be a bar to a subsequent prosecution under a subsequent valid information.

NOTE: Jeopardy does not attach where the accused pleads guilty to a defective indictment. Thus, accused won’t be put to double jeopardy (dj)upon filing of the valid information.

- It is a valid information signed by the competent officer which, among others, confers jurisdiction on the court over the person over the person of the accused and the subject matter of the accusation.

- It cannot be cured by the silence, acquiescence, or even by express consent.

- Such lack of authority on the part of the officer is a ground for the quashal of the information.

 

Question: When is a complaint or information deemed sufficient?

Answer:  A complaint is deemed sufficient when it contains the following (NDANAP):

(1) Name of the accused; if the offense is committed by more than one person, all of them shall be included

(2) Designation of the offense given by the statute;

(3) Acts or omissions complained of as constituting the offense;

(4) Name of the offended party;

(5)     Approximate date of the commission of the offense; and

(6) Place where the offense was committed

 

Question: What is the test of sufficiency of the complaint or information?

Answer: The test is whether the crime is described in intelligible terms with such particularity as to apprise the accused, with reasonable certainty, of the offense charged to enable the accused to suitably prepare for his defense.

NOTE: For an information to be sufficient, it must validly charge an offense It depends whether the material facts alleged in the complaint or information shall establish the essential elements of the offense charged.

- Evidence must not be presented to establish the existence of the elements of the crime to the point of moral certainty. This is only for purposes of conviction.

- An information is fatally defective when it is clear that it does not really charge an offense or when an essential element of the crime has not been sufficiently alleged.

 

Question: When should the sufficiency of the complaint or information be questioned?

Answer: The accused-appellant should move before arraignment either for:

(1) Bill of particulars

(2) Quashal of the information

Thus a motion must be filed before the accused entered his plea.

Question: What is the effect if the accused-appellant failed to pursue either of the said remedy?

Answer:  if he fails to pursue either remedy, he is deemed to have waived his objections to any formal defect in the information.

NOTE: Objections as to matters of forms and substance in the information cannot be made for the first time on appeal.

- The right to question the sufficiency of the forms and substance in the information is not absolute.

- Evidence presented during trial can cure the defect in the information.

- Failure or neglect to assert such right within a reasonable period of time warrants a presumption that the party entitled to assert it either has abandoned it or declined to assert it.

- On the other hand, where the objection is based on lack of jurisdiction over the subject matter, the same may be raised or considered moto proprio by the court at any stage of the proceedings or even on appeal.

 

Question: How is the nature of the offense determined?

Answer:  The real nature of the criminal charge is determined by the actual recital of the facts in the complaint or information.

NOTE: It is not determined from the caption or the preamble of the information or from the specification of the provision of law alleged to have been violated which are mere conclusions of law.

- Every element of the offense must be stated in the information.

 

Question: is it necessary to state the precise date when was the offense committed in the complaint or information?

Answer: No. As a general rule, it is not necessary to state in the complaint or information the precise date the offense was committed. Except when the commission is a material element of the offense.

Thus, the offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

NOTE: When the date is not of the essence of the offense, it need not be proven as alleged. The complaint will be sustained if the proof shows that the offense was committed at any date within the period of the statute of limitations and before the commencement of the action.

- To know whether the precise date of the commission of the offense is necessary to allege in the complaint or information, it is important to determine whether such date is a material/essential in the crime committed.

- The discrepancy between the date alleged in the information and to the actual commission of the offense must be near as possible.

- In crimes where the date of the commission of the crime is not a material element, it is not necessary to alleged the date with absolute specificity or certainty in the information. The Rules merely requires that the date of commission be approximated.

 

Question: How to state the name of the accused?

Answer:  The following are the rules in designating the name of the accused:

(1) 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;

(2) If his name cannot be ascertained, he must be described under a fictitious name. A description of the accused under a fictitious name must be accompanied by a statement that his true name is unknown;

(3) If later, his true name is disclosed by him or becomes known in some other matter, his true name shall be inserted in the complaint or information and in the record of the case.

NOTE: There can be no conviction without proof of identity of the criminal BRD.

- The identity of the accused must be proven.

- To be positive and sufficient for conviction the identification of a malefactor does not always require direct evidence from an eyewitness.

- There are two types of positive identification:

(1)   Direct evidence - A witness may identify a suspect or accused in a criminal case as the perpetrator of the crime as an eye witness to the very act of the commission of the crime.

(2) Circumstantial evidence – Although a witness may not have actually seen the very act of the commission of the crime, he still may be able to positively identify a suspect or accused as the perpetrator of a crime as for instance the latter is the last person or one of the persons last seen with the victim immediately before and right after the commission of the crime. Second type forms part of the circumstantial evidence, which when taken together with other pieces of evidence constituting an unbroken chain leads to only fair and reasonable conclusion i.e. the accused is the author of the crime to the exclusion of all others.

Question: How to state the name of the offended party (natural person)?

Answer:  The complaint or information must state the name and surname of the offended party or any appellation or nickname by which such person has been or is known.

-   However, if there is no better way of identifying him, he must be described under a fictitious name. If later on, the true name of the offended party is disclosed or ascertained, the court must cause such true name to be inserted.

Reference: Criminal Procedure by Dean Riano, 2016