Jose Carlo M.

Amores

Criminal Procedure

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 complaint 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
period of prescription of the offense charged unless otherwise
provided in special laws. (1a)
Section 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. (2a)
Section 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. (3)
Section 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. (4a)

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Section 5. Who must prosecute criminal actions. All criminal

actions commenced by a complaint or information shall be
prosecuted under the direction and control of the prosecutor.
However, in Municipal Trial Courts or Municipal Circuit Trial
Courts when the prosecutor assigned thereto or to the case is
not available, the offended party, any peace officer, or public
officer charged with the enforcement of the law violated may
prosecute the case. This authority cease upon actual
intervention of the prosecutor or upon elevation of the case to
(This Section was repealed by A.M. No. 02-2-07-SC effective
the Regional Trial Court.
May 1, 2002)

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 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 except upon a complaint filed by the
offended party or 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.
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.

Jose Carlo M. Amores

Criminal Procedure

No criminal action for defamation which consists in the

imputation of the offenses mentioned above shall be brought
except at the instance of and upon complaint filed by the
offended party. (5a)
The prosecution for violation of special laws shall be governed by
the provisions thereof. (n)
Section 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. (6a)
Section 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.
(7a)
Section 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. (8a)
Section 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

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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 circumstances and for the court to
pronounce judgment. (9a)
Section 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 the
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 or is
necessary for its identification. (10a)
Section 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. (11a)
Section 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 of the person against whom
or against whose properly the offense was committed is
thereafter disclosed or ascertained, the court must cause
the true name to be inserted in the complaint or
information and the record.

Jose Carlo M. Amores

Criminal Procedure

(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. (12a)
Section 13. Duplicity of the offense. A complaint or
information must charge but one offense, except when the law
prescribes a single punishment for various offenses. (13a)
Section 14. Amendment or substitution. A complaint or
information may be amended, in form or in substance, without
leave of court, at any time before the accused enters his plea.
After the plea and during the trial, a formal amendment may
only be made with 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. (n)
If it appears at any time 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. (14a)
Section 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.

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(b) Where an offense is committed in a train, aircraft, or

other public or private vehicle while 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 such 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. (15a)
Section 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.
(16a)
RULE 116
Arraignment and Plea
Section 9. Bill of particulars. The accused may, before
arraignment, move for a bill of particulars to enable him properly
to plead and to prepare for trial. The motion shall specify the
alleged defects of the complaint or information and the details
desired. (10a)
RULE 117
Motion to Quash

Jose Carlo M. Amores

Criminal Procedure

Section 7. Former conviction or acquittal; double jeopardy.

When an accused has been convicted or acquitted, or the case
against him dismissed or otherwise terminated without his
express consent by a court of competent jurisdiction, upon a
valid complaint or information or other formal charge sufficient
in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the conviction or acquittal of
the accused or the dismissal of the case shall be a bar to
another prosecution for the offense charged, or for any attempt
to commit the same or frustration thereof, or for any offense
which necessarily includes or is necessarily included in the
offense charged in the former complaint or information.
However, the conviction of the accused shall not be a bar to
another prosecution for an offense which necessarily includes
the offense charged in the former complaint or information
under any of the following instances:
(a) the graver offense developed due to supervening
facts arising from the same act or omission constituting
the former charge;
(b) the facts constituting the graver charge became
known or were discovered only after a plea was entered
in the former complaint or information; or
(c) the plea of guilty to the lesser offense was made
without the consent of the prosecutor and of the offended
party except as provided in section 1 (f) of Rule 116.
In any of the foregoing cases, where the accused satisfies or
serves in whole or in part the judgment, he shall be credited
with the same in the event of conviction for the graver offense.
(7a
RULE 119

Section 19. When mistake has been made in charging the proper
offense. When it becomes manifest at any time before
judgment that a mistake has been made in charging the proper
offense and the accused cannot be convicted of the offense
charged or any other offense necessarily included therein, the
accused shall not be discharged if there appears good cause to
detain him. In such case, the court shall commit the accused to
answer for the proper offense and dismiss the original case upon
the filing of the proper information. (11a)
RULE 120
Judgment
Section 4. Judgment in case of variance between allegation and
proof. When there is variance between the offense charged in
the complaint or information and that proved, and the offense as
charged is included in or necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is
included in the offense charged, or of the offense charged which
is included in the offense proved. (4a)
Revised Penal Code
Article 91. Computation of prescription of offenses. - The period
of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or
their agents, and shall be interrupted by the filing of the
complaint or information, and shall commence to run again
when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him.
The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.
Article 48. Penalty for complex crimes. - When a single act
constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other, the

Trial

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Jose Carlo M. Amores

Criminal Procedure

penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period.
Article 294. Robbery with violence against or intimidation of
persons; Penalties. - Any person guilty of robbery with the use
of violence against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by
reason or on occasion of the robbery, the crime of
homicide shall have been committed.
2. The penalty of reclusion temporal in its medium period
to reclusion perpetua when the robbery shall have been
accompanied by rape or intentional mutilation, or if by
reason or on occasion of such robbery, any of the
physical injuries penalized in subdivision 1 of Article 263
shall have been inflicted; Provided, however, that when
the robbery accompanied with rape is committed with a
use of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death (As amended
by PD No. 767).
3. The penalty of reclusion temporal, when by reason or
on occasion of the robbery, any of the physical injuries
penalized in subdivision 2 of the article mentioned in the
next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to
reclusion temporal in its medium period, if the violence or
intimidation employed in the commission of the robbery
shall have been carried to a degree clearly unnecessary
for the commission of the crime, or when the course of
its execution, the offender shall have inflicted upon any
person not responsible for its commission any of the
physical injuries covered by sub-divisions 3 and 4 of said
Article 23.
5. The penalty of prision correccional in its maximum
period to prision mayor in its medium period in other
cases. (As amended by R. A. 18).

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Article 344. Prosecution of the crimes of adultery, concubinage,

seduction, abduction, rape and acts of lasciviousness. - 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 both the guilty parties, if they are both alive, nor, in
any case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a complaint
filed by the offended party or her parents, grandparents, or
guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and
rape, the marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already
imposed upon him. The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and accessories after
the fact of the above-mentioned crimes.
Article 360. Persons responsible. - Any person who shall publish,
exhibit, or cause the publication or exhibition of any defamation
in writing or by similar means, shall be responsible for the same.
The author or editor of a book or pamphlet, or the editor or
business manager of a daily newspaper, magazine or serial
publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
The criminal and civil action for damages in cases of written
defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance of
the province or city where the libelous article is printed and first
published or where any of the offended parties actually resides
at the time of the commission of the offense: Provided, however,
That where one of the offended parties is a public officer whose
office is in the City of Manila at the time of the commission of
the offense, the action shall be filed in the Court of First

Jose Carlo M. Amores

Criminal Procedure

Instance of the City of Manila, or of the city or province where

the libelous article is printed and first published, and in case
such public officer does not hold office in the City of Manila, the
action shall be filed in the Court of First Instance of the province
or city where he held office at the time of the commission of the
offense or where the libelous article is printed and first published
and in case one of the offended parties is a private individual,
the action shall be filed in the Court of First Instance of the
province or city where he actually resides at the time of the
commission of the offense or where the libelous matter is
printed and first published: Provided, further, That the civil
action shall be filed in the same court where the criminal action
is filed and vice versa: Provided, furthermore, That the court
where the criminal action or civil action for damages is first filed,
shall acquire jurisdiction to the exclusion of other courts: And,
provided, finally, That this amendment shall not apply to cases
of written defamations, the civil and/or criminal actions which
have been filed in court at the time of the effectivity of this law.
Preliminary investigation of criminal action for written
defamations as provided for in the chapter shall be conducted by
the provincial or city fiscal of the province or city, or by the
municipal court of the city or capital of the province where such
action may be instituted in accordance with the provisions of this
article.
No criminal action for defamation which consists in the
imputation of a crime which cannot be prosecuted de oficio shall
be brought except at the instance of and upon complaint
expressly filed by the offended party. (As amended by R.A.
1289, approved June 15, 1955, R.A. 4363, approved June 19,
1965).
REPUBLIC ACT NO. 8353

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,

RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS,

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AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,

OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR
OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the

Philippines
in
Congress
assembled:
Section 1. Short Title. - This Act shall be known as "The AntiRape
Law
of
1997."
Sec. 2. Rape as a Crime Against Persons. - The crime of rape
shall hereafter be classified as a Crime Against Persons under
Title Eight of Act No. 3815, as amended, otherwise known as the
Revised Penal Code. Accordingly, there shall be incorporated into
Title Eight of the same Code a new chapter to be known as
Chapter Three on Rape, to read as follows:
"Chapter
"Rape

Three

"Article 266-A. Rape: When And How Committed. - Rape is

committed:
"1) By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
"a)

Through

force,

threat,

or

intimidation;

"b) When the offended party is deprived of reason or otherwise

unconscious;

Jose Carlo M. Amores

Criminal Procedure

"c) By means of fraudulent machination or grave abuse of

authority;
and
"d) When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances
mentioned above be present.
"2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the
genital
or
anal
orifice
of
another
person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the
next preceding article shall be punished by reclusion
perpetua.
"Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be
reclusion
perpetua
to
death.
"When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall become reclusion
perpetua
to
death.
"When the rape is attempted and a homicide is committed
by reason or on the occasion thereof, the penalty shall be
reclusion
perpetua
to
death.

rape
is committed
aggravating/qualifying

with

any

of

the following
circumstances:

"l) When the victim is under eighteen (18) years of

age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or
affinity within the third civil degree, or the commonlaw spouse of the parent of the victim;
"2) When the victim is under the custody of the
police or military authorities or any law enforcement
or
penal
institution;
"3) When the rape is committed in full view of the
spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;
"4) When
legitimate
personally
or at the

the victim is a religious engaged in

religious vocation or calling and is
known to be such by the offender before
time of the commission of the crime;

"5) When the victim is a child below seven (7) years

old;

"When by reason or on the occasion ofthe rape, homicide

is
committed,
the
penalty
shall
be
death.

"6) When the offender knows that he is afflicted with

the Human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or
disease
is
transmitted
to
the
victim;

"The death penalty shall also be imposed if the crime of

"7) When committed by any member of the Armed

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Jose Carlo M. Amores

Criminal Procedure

Forces of the Philippines or para-military units

thereof or the Philippine National Police or any law
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate
the
commission
of
the
crime;
"8) When by reason or on the occasion of the rape,
the
victim has suffered permanent physical
mutilation
or
disability;
"9) When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime;
and
"10) When the offender knew of the mental
disability, emotional disorder and/or physical
handicap of the offended party at the time of the
commission of the crime.

"Rape under paragraph 2 of the next preceding article

shall
be
punished
by
prision
mayor.
"Whenever the rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be
prision
mayor
to
reclusion
temporal.
"When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be reclusion
temporal.
"When the rape is attempted and a homicide is committed
by reason or on the occasion thereof, the penalty shall be

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reclusion

temporal

to

reclusion

perpetua.

"When by reason or on the occasion ofthe rape, homicide

is committed, the penalty shall be reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/ qualifying
circumstances
mentioned
in
this
article.
"Article 266-C. Effect of Pardon. - The subsequent valid
marriage between the offended party shall extinguish the
criminal
action
or
the
penalty
imposed.
"In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is voidab
initio.
"Article 266-D. Presumptions. - Any physical overt act
manifesting resistance against the act of rape in any
degree from the offended party, or where the offended
party is so situated as to render her/him incapable of
giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266-A."

Sec. 3. Separability Clause. - If any part, Sec., or provision of

this Act is declared invalid or unconstitutional, the other parts
thereof
not
affected
thereby
shall
remain
valid.
Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as

Jose Carlo M. Amores

Criminal Procedure

amended, and all laws, acts, presidential decrees, executive

orders, administrative orders, rules and regulations inconsistent
with or contrary to the provisions of this Act are deemed
amended,
modified
or
repealed
accordingly.

As The Bouncing Checks Law, the Court Resolved to APPROVE

the same.

Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days
after completion of its publication in two (2) newspapers of
general circulation.

The amendment shall take effect on April 15, 2003 following its
publication in a newspaper of general circulation not later than
March 30, 2003. chanroblespublishingcompany

Approved: September 30, 1997

SUPREME COURT EN BANC [A.M. No. 00-11-01-SC. March 25,

2003.]

RE: AMENDMENT TO THE RULE ON SUMMARY PROCEDURE OF

CRIMINAL CASES TO INCLUDE WITHIN ITS COVERAGE
VIOLATIONS OF B.P. BLG. 22, OTHERWISE KNOWN AS THE
BOUNCING CHECKS LAW.

DAVIDE, JR., C.J., BELLOSILLO, PUNO, VITUG, MENDOZA,

PANGANIBAN, QUISUMBING, YNARESSANTIAGO, CARPIO,
AUSTRIA-MARTINEZ, CORONA, CARPIO-MORALES, CALLEJO,
SR., and AZCUNA, J.J. AMENDMENT TO THE RULE ON SUMMARY
PROCEDURE OF CRIMINAL CASES TO INCLUDE WITHIN ITS
COVERAGE VIOLATIONS OF B.P. BLG. 22, OTHERWISE KNOWN
AS THE BOUNCING CHECKS LAW

Section 1 of the Revised Rule on Summary Procedure

(Resolution of the Court En Banc dated October 15, 1991), is
amended as follows:

RESOLUTION
Acting on the recommendation of the Chairman of the
Committee on Revision of the Rules of Court submitting for this
Courts consideration and approval the Proposed Amendment To
The Rule On Summary Procedure Of Criminal Cases To Include
Within Its Coverage Violations Of B.P. Blg. 22, Otherwise Known

9 | Page

Section 1. Scope. This rule shall govern the summary

procedure in the Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, and the Municipal
Circuit Trial Courts in the following cases falling within their
jurisdiction:

Jose Carlo M. Amores

Criminal Procedure
A.M. No. 02-2-07-SC

A. Civil Cases: x x x

April 10, 2002

RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE

REVISED RULES OF CRIMINAL PROCEDURE
RESOLUTION

B. Criminal Cases: x x x

4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks

Law); chanroblespublishingcompany

5. All other criminal cases where the penalty prescribed by law

for the offense charged is imprisonment not exceeding six
months, or a fine not exceeding one thousand pesos
(P1,000.00), or both irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom:
Provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall govern
where the imposable fine does not exceed ten thousand pesos
(P10,000.00). chanroblespublishingcompany This Rule shall not
apply to a civil case where the plaintiffs cause of action is
pleaded in the same complaint with another cause of action
subject to the ordinary procedure; nor to a criminal case where
the offense charged is necessarily related to another criminal
case subject to the ordinary procedure.

10 | P a g e

Acting on the Memorandum dated 2 February 2002 of

Court Administrator Prosbitero J. Velasco, Jr. submitting for this
Court's consideration and approval the proposed amendment to
Sec. 5, Rule 110 of the Revised Rules of Criminal Procedure, the
Court Resolved to APPROVE the amendment to Sec. 5, Rule 110
so as to read as follows:
"Section 5. Who must prosecute criminal action. - 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. x x x ."
This amendment to Rule 110 shall take effect on the first
day of May 2002 following its publication in two newspapers of
general circulation on or before 30 April 2002.
April 10, 2002.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan,
Mendoza, Panganiban, Quisumbing, Ynares-Santiago, De Leon,
Jr., Sandoval-Gutierrez and Carpio JJ., concur.