CrimPro Rule 110 - Reviewer

8/11/2019 CrimPro Rule 110 - Reviewer

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Section 1 - Institution of Criminal Action

Applies to commencement of criminal actions in the RTC and inferior courts

Prescription period is interruptible by filing of complaint for preliminary

investigation

Refers to offenses not subject to rule on summary procedureo iolations of municipal or city ordinances are subject to summary

procedure!o Prescription period of such are governed by Act! "o ##$%

o Such violations prescribe after $ months

o Interruptible by institution of judicial proceedings against offender

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COMPLAINT

Complaint is s'orn 'ritten statement charging person 'ith an offense

must be in 'riting in the name of people of P( against persons responsible

Complaints for preliminary investigation need not be filed by offended party

o may be filed by any competent person unless subject cannot be

prosecuted!

In rape cases) complaints by offended party is sufficient to commence

prosecutiono fiscal is not bound to file information but may do so

Complaints ta*e priority over information filed in crimes against chastity

Crimes against chastity re+uires s'orn 'ritten complaint as per Sec ,! of Rule

11 .complaint filed in proper court) not in fiscal/s office0

Crimes of Rape can be prosecuted 'ithout s'orn 'ritten complaint

o Comple crimes of rape 'ith robbery or homicide does not re+uire s'orn

'ritten complaint

S'orn 'ritten complaint is a jurisdictional re+uisite in crimes of concubinage)

adultery) seduction) abduction) rape) acts of lasciviousness and any defamatortyimputation

S'orn 'ritten complaint is re+uired in both 'ritten and oral defamations 'hich

cannot be prosecuted de oficio

2ust charge only one offense ecept 'hen la' prescribes single punishment for

various offenses! .special comple crimes or composite crimes0


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INFORMATION

Information is an accusation in 'riting charging a person 'ith an offense must besubscribed by prosecutor filed 'ith court

must be against all persons appear to be responsible for offense involved

o 3iscal has discretion to determine 'ho 'ill be included in information

o (e can be compelled by mandamus if he abuses discretion by refusing to

include persons despite sufficient evidence! Petitioners must first ehaust all remedies in ordinary course of la'

.filing a motion in court for inclusion0

o Remedies if fiscal refuses to file information to include an accused person

despite evidence 3ile an action for mandamus

4odge a ne' complaint against offenders and have a ne'

eamination conducted Inform Sec! of 5ustice because he can reverse the opinion of the

investigator and designate a special prosecutor! Institute administrative charges against the erring prosecutor

Institute another criminal action of no double jeopardy is involved

3ile criminal charges under Art! $6

3ile civil action for damages under Art! $7 of Civil Code!

Secure appointment of another prosecutor

Prohibition to restrain a criminal prosecution are generally not available ecept

o to afford ade+uate protection of constitutional rights of accused

o 'hen necessary for orderly admin of justice or to avoid oppression

o 'hen there is a pre-judicial +uestion

o 'hen acts of the officer are 'ithout or in ecess of authority

o 'hen prosecution is under an invalid la') ordinance or regulation

o 'hen there is double jeopardy

o 'hen court has no jurisdictiono 'hen case is persecution) not prosecution

o 'hen charges are false and motivated by vengeance

o 'hen there is no prima facie case against the accused) motion to +uash

has been denied

captions in an information is not controlling) material allegations are


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information should describe particularity as to apprise the accused 'hat he is

being charged 'ith

+ualifying circumstances and aggravating circumstances should be epressly

and specifically alleged in complaints or information as they 'ould not beconsidered even if proved in trial!

o may be remedied by timely amendment of information before arraignment! facts constituting habitual delin+uency 8 must be specifically alleged!

2ust sho' crime 'as committed 'ithin territorial jurisdiction of court

if the place of commission is essential element) must be alleged in particularity

dates must be near as possible to the actual date ecept 'hen time is essential

as in # days rule of infanticide!

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PROSECUTION & OFFENDED PARTIES

Prosecution in RTC is al'ays commenced by information ecept in crimes

against chastity 3iscal assumes full discretion and control over a case!

9eneral rule is po'ers vested in fiscal cannot be interfered by courts or Sec! of

5ustice! Cannot be compelled to file criminal info if he thin*s there is no necessary

evidence!o remedy is to as* for a special prosecutor

o or appeal fiscal/s decision 'ith Sec! of 5ustice

If information has been filed) courts ac+uire jurisdiction :ffended parties may intervene even 'hen no civil liability is involved

;hen offended party has filed a separate civil case

o no intervention by private prosecutor

In criminal cases) presence of fiscal is re+uired for validity of proceedings

o only applies to courts provided 'ith their o'n fiscals

o does not apply to municipal courts

Who may prosecute:

1! Concubinage and Adulterya. only offended spouse regardless of age and not incapacitated

$! Seduction) rape) acts of lasciviousness .eclusive and in order0a! :ffended 'oman

i! even if minorii! eclusive if legal age and not incapacitatediii! If incapacitated or minor .in order0


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1! parents$! grandparents#! guardians

b! Parents) grandparents) guardians .in order0i! either of parents 8 either of grandparents

ii! only legal or judicial guardiansiii! Aunts) even if found to be false if rape victim diedc! the State via parens patriae if

i! offended party dies or is incapacitated and no complaint is filedii! no *no'n parents) grandparents or guardians

#! In defamation imputing persons in concubinage) adultery) seduction) abduction)rape or acts of lasciviousness

a! only by the party or parties defamed

Paro! a! co!se!t

Pardon - refers to past acts of adultery must be etended to both offenders to absolve liability

Consent - refers to future acts

sufficient to absolve accused of liability even if granted only to offending spouse

Who may paro! or co!se!t1! Adultery and concubinage

1! only offended spouse even if minor but not incapacitated$! Seduction) abduction) rape and acts of lasciviousness

1! :ffended minor 'ith sufficient discretion if she has deceased 8 no parents

$! Parents) 9randparents) 9uardians .in order0 'ithout conformity ofoffended party even if latter is a minor#! :ffended 'oman is of age and not incapacitated

pardon 'hether epress or implied is sufficient

Subse+uent marriages bet'een offended party and accused eceptamples of :ffended Party

'ido' or murdered victim

sister of deceased 'ife in parricide 'ith minor child and accused only surviving

relatives

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AMENDMENT OR SU$STITUTION

may be made before or after the accussed pleads

AMENDMENT SU$STITUTION

involves formal or substantial

changes

before plea has been entered can

be effected 'ithout leave of court

if only to form) no need for ne'

preliminary investigation andreta*ing of plea

refers to same offense charged in

original information or included inoriginal charge

substantial amendment consists of

recital of facts constituting offensecharge

After plea) permitted only as

matters of form if leave of court isobtained and not prejudicial to

involves a substantial change from

the original charge

must be 'ith leave of court because

original information has to bedismissed

another preliminary investigation is

entailed and ne' plea is needed

re+uires or presupoposes ne'

information involves a differentoffense 'hich is not included in theoriginal charge


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rights of the accused!

:nly in form if it neither alters or

affects the nature of the offensecharged

%ar#a!ce et'ee! I!#ctme!t a! Proo"

if offense proved is less serious then offense charged) conviction is based on

'hat is proven

if more serious is proven) conviction if based on 'hat is charged

'hen offense is neither included or offense charged is different) court can

dismiss action and order filing of ne' information charging the proper offense!

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PLACE W(ERE ACTION IS TO $E INSTITUTED

must be 'here offense 'as committed or 'here any of essential ingredients

occurred!o in moving vehicles .aircraft) trains0 'here such vehicle passed during its

trip) including departure and arrivalo in first port of entry of municpality 'here vehicle passed subject to

generally accepted principles of international la'!

if under Art! $ of RPC) cogni?able 'here criminal action is first filed!

>ceptions to the Rule of enueceptional circumstances to ensure a fair trial and impartial in+uiry%! In any competent court of the region or territory 'hich is the situs of the offense)

subject to the area defined by the Supreme Court

enue of :ffenses determined by Supreme Court1! Theft) 'here ta*ing 'as effected and consmmated) regardless of 'here stolen

articles 'here ta*en after$! 3alsification) 'here document 'as actually falsified 'ith intent to prejudice a third

person!#! iolation of Conditional pardon 'here it 'as committed=! >stafa 'here such violation 'as actually committed,! Perjury 'here such affidavit 'as presented not 'here it 'as eecuted!%! >vasion of Service 'here defendant may have escaped or be found


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7! Abduction 'ith rape) *idnapping or illegal detention 'here deprivation of liberty'as carried out!

6! Crime of 3ailure to render accounts 'here said accounts are to be rendered@! In 4ibel in a published 'or*)

C3I of province or city 'here libelous article is printed and first published

'here any of offended parties resides at time of commission of offense

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CrimPro Rule 110 - Reviewer