Rules of Court

Rule 110

Prosecution of
Offenses
Art Ryan P Negapatan
Ryan Anthony G Perea
Marivic Z Lozano
Farah Fides Tolentino
Amador Enrico Arao
Lorelix B Natividad
Reporters
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 others offenses, by filling 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, 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 of the period of prescription of the offense charged
unless otherwise provided in special laws. (1a)

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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.
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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.
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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.
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SECTION 4
INFORMATION, DEFINED
Requisites of an information:
It must be in writing
It must charge a person with an offense
It must be subscribed by a prosecutor
It must be filed in court
Persons authorized to file an information:
City or provincial prosecutor and their assistants
Duly appointed special prosecutors

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SECTION 4
INFORMATION, DEFINED
Complaint and information distinguished:

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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 the
Regional Trial Court
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.
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SECTION 5
WHO MUST PROSECUTE CRIMINAL ACTIONS
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 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.

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SECTION 5
WHO MUST PROSECUTE CRIMINAL ACTIONS
All criminal actions commenced by complaint of
information shall be prosecuted under the direction
and control of the prosecutor. The institution of a
criminal action depends upon the sound discretion of
the prosecutor. But once the case is already filed in
court, the same can no longer be withdrawn or
dismissed without the tribunals approval. Should the
prosecutor find it proper to conduct a reinvestigation
of the case at such stage, the permission of the Court
must be secured.
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SECTION 5
WHO MUST PROSECUTE CRIMINAL ACTIONS
Decision of the prosecutor subject to review by:
The Secretary of Justice who exercises supervision
and control over his actions and who may sustain,
modify or set aside his resolution on the matter
In appropriate cases, by the courts when he acts
with grave abuse of discretion amounting to lack of
jurisdiction.
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SECTION 5
WHO MUST PROSECUTE CRIMINAL ACTIONS
General rule:
In appeals, the Sol. Gen. has control. He may abandon or
discontinue the prosecution of the case in the exercise of
his sound discretion and may even recommend the
acquittal of an accused when he believes that the
evidence does not warrant his conviction. In appropriate
cases, by the courts when he acts with grave abuse of
discretion amounting to lack of jurisdiction.
Exception:
Provided for in RA 8249 which states in part that in all
cases elevated to the Sandiganbayan and from the SB to
the SC, the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the Philippines,
except in cases filed pursuant to EO Nos. 1, 2, 14 and 14-
A, issued in 1986.
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SECTION 5
WHO MUST PROSECUTE CRIMINAL ACTIONS
Once the complaint is filed, does death of the
complainant in a crime of adultery extinguish the
criminal liability of the accused?

No.
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SECTION 5
WHO MUST PROSECUTE CRIMINAL ACTIONS
Who may prosecute?
Concubinage and adultery only by the offended spouse who
should have the status, capacity and legal representation at the
time of filing of the complaint regardless of age; Both guilty
parties must be included in the complaint; The offended party did
not consent to the offense nor pardoned the offenders.
Seduction, Abduction and Acts of Lasciviousness prosecuted
exclusively and successively by the following persons in this
order:
a. By the offended woman;
b. By the parents, grandparents or legal/ judicial guardians in that
successive order, if the offended party is a minor or of age but suffers
from physical or mental disability;
c. By the State pursuant to the doctrine of parens patriae, when the
offended party dies or becomes incapacitated before she could file the
complaint and she has no known parents, grandparents or guardians
A defamation imputing to a person any of the foregoing crimes of
concubinage, adultery, seduction, abduction, rape or acts of
lasciviousness can be prosecuted only by the party or parties
defamed

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SECTION 6
SUFFICIENCY OF COMPLAINT OR INFORMATION
A complaint or information is sufficient if it states:
The name of the accused (Sec 7)
The designation of the offense given by the statute (Sec
8)
The acts or omissions complained of as constituting the
offense (Sec 9)
The name of the offended party (Sec 12)
The approximate date of the commission of the offense
(Sec 11)
The place wherein the offense was committed. (Sec 10)
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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SECTION 6
SUFFICIENCY OF COMPLAINT OR INFORMATION
Sample complaint or information:
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SECTION 6
SUFFICIENCY OF COMPLAINT OR INFORMATION
Sample complaint or information:
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SECTION 6
SUFFICIENCY OF COMPLAINT OR INFORMATION
Purpose of the Section:
To inform the accused of the nature and cause of the
accusations against him so that he can duly prepare his
defense.

Case:
People vs Bugtong, 169 SCRA 797
An accused cannot be convicted of a crime under a mode of
commission different from that alleged in the information.
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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.
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SECTION 7
NAME OF THE ACCUSED
In accordance with Sec 4 (e) RA 9344, known as the Juvenile
Justice and Welfare Act of 2006, any child who, is alleged as
accused of, or adjudged as, having committed an offense under
Philippine laws, should be designated as a Child In Conflict With
the Law.


In short they shall not be referred as respondent, accused or any
designation but CIWL.







"Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
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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.
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SECTION 8
DESIGNATION OF THE OFFENSE
Source:
Sec. 8, Rule 110, 1964 Rules of Court (1985 amended).
*qualifying and aggravating circumstance.

Reason for the rule:
The right of the accused to be informed of the
nature and cause of the accusation against him.
Life and liberty of accused may be at stake.
(People vs. Abad Santos, 76 Phil. 744)
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SECTION 8
DESIGNATION OF THE OFFENSE
Designation of the offense:
NEED TO DESIGNATE STATUTE VIOLATED
(People vs Purisima, 86 SCRA 543)
It is imperative for the specific statute violated to be
designated or mentioned in the charged.
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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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 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 s well as its qualifying and aggravating
circumstances and for the court to pronounced
judgment.
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SECTION 9
CAUSE OF THE ACCUSATION
Source:
Sec. 8, Rule 110, 1964 Rules of Court (1985 amended).
*qualifying and aggravating circumstance.

Reason for the rule:
Constitution guarantees that in all criminal
prosecutions, the accused shall be informed of the
nature and cause of the accusation against him
(Art. IV, Sec. 1,20)
Life and liberty of accused may be at stake.
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SECTION 9
CAUSE OF THE ACCUSATION
Matilde, Jr. vs. Jabson, 68 SCRA 46
ordinary and concise language so as to:
enable a person of common understanding to know
what offense is intended to be charged;
enable the court to pronounce proper judgment.
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SECTION 9
CAUSE OF THE ACCUSATION
People vs. Talos-Perez, 98 Phil. 764
even though language is not clear and simple and it
is repetitious, so long as in essence it clearly
charges the offense.
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SECTION 9
CAUSE OF THE ACCUSATION
Every element must be alleged!
Allegations in complex crimes
It is sufficient that the info. Contains allegations which
state that one offense was a necessary means to
commit the other
(People vs. Alagao, 16 SCRA 879).
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1. AN APPEAL OF THE RULING OF THE TRIAL COURT OF CANDABA, PAMPANGA,
DECLARING ITSELF LACK OF JURISDICTION OF THE CASE OF THEFT AGAINTS
FRANCIASCO MERCADO.
2. SUPREME COURT HELD THAT THE CASE SHOULD HAVE BEEN AND SHOULD
COMMENCE IN GAPAN, NUEVA ECIJA, AFFIRMING THE DECISION OF COURT
OF FIRST INSTANCE OF CANDABA, PAMPANGA.

SECTION 10
PLACE AND COMMISSION OF THE OFFENSE


Purpose: To show territorial jurisdiction.

General Rule: A complaint or information is sufficient if it appears from
the allegations that the offense was committed or some of its essential
ingredients occurred within the jurisdiction of the court.

People vs Mercado

ALLEGATION OF SPECIFIC PLACE, NOT REQUIRED- In some cases it is not required
that the complaint will state in particularity the place where the alleged crime
was committed.

Alfelor vs Intia

1. Electoral protest of Fuentabella against Alfelor for the 1965 Congressional
election wherein, Alfelor won.
2. Fuentabella filed the case in Tigaon Cam Sur presided by Judge Intia,
allegedly Ballot box of Parucban , Camarines Sur was falsified in another
town of Iriga, Camarines Sur.
3. Alfelor filed a motion to dismiss on the ground of lack of jurisdiction, Intia
denied the motion to dismiss hence the petition for certiorari and prohibition.
4. The Supreme Court reversed the decision of the lower court for lack of
jurisdiction
Reason for the rule:
1. Informing the defendant of the nature and cause of the accusation
against him and fixing the jurisdiction and venue.
2. Limitation of the territory
PEOPLE VS PRADO

1. This is an appeal of provincial fiscal from the dismissal of the case against
Salico charged with homicide on the ground of lack of jurisdiction.
2. The Supreme Court held that lower court erred in not taking judicial notice as it
ought to the political subdivision or Municipalities. Victorias is within the province
of Negros Occidental therefore within the jurisdiction of the Court.
3. The case was returned to the lower court and order to proceed the case on the
merits.


1. Del Prado appeal from the conviction of rape by the Court of First Instance of
Zamboanga for the crime of rape.
2. Del Prado contended that the prosecution failed to prove that the crime was
committed in the territory within its jurisdiction.
3. The Supreme Court dismissed his petition, on the basis that the Court may
take Judicial notice as the Bario of Calarian is in Municipality of Zamboanga.
People vs Salico
May the conviction be had even if it appears that the crime was committed not at the
place alleged in the information?

YES, provided the place of actual commission was within the jurisdiction of the court.
EXCEPTION (TO THE RULE)- WHEN SPECIFIC PLACE NEED BE AVERRED (VERIFY)
WHEN THE PLACE OF THE COMMISSION OF THE CRIME IS AN ESSENTIAL ELEMENT OF THE OFFENSE,
THE PLACE OF COMMISSION MUST BE ALLEGED WITH PARTICULARITY.
Example of cases (the place is an essential element of the offense charge)

1. Tresspass to dwelling
2. Destructive Arson
3. Robbery in an inhabited house, public building or place of worship

THE PLACE MUST BE PLEADED WITH SPECIFICITY.

SECTION 18- DATE OF COMMISSION OF THE OFFENSE

General Rule- It is not required that the complain t or information state with
particularity the DATE of the commission of the crime. It suffices that the
allegation approximates or be as near as the actual date when the offense
was committed.


Example of cases (averment of time)
1. Infanticide
2. Abortion
3. Bigamy

US vs De Castro
1. The defendant Lino De Castro was convicted the offense bribery of Court of
First Instance of Tayabas, as Municipal President of the town in considerations
of gifts and money, he permitted use of opium and gambling.
2. De Castro filed a petition to dimiss on the ground that the complaint did not
state the date which the offense was committed nor person from the accused
received the bribe.
3. Although the time is not essential element in this case, it is required that the
time of the commission of the crime should be stated, and the act should be
alleged to have been committed at some time before filing of the case.
4. The decision of the lower court was reversed.

Exception to the Rule - When time is material ingredient in the offense charged, it
becomes mandatory to alleged with precision or particularity.
THE REMEDY AGAINST AN INDICTMENT THAT FAILS TO ALLEGE THE TIME OF
COMMISSION OF THE OFFENSE WITH SUFFICIENT DEFINITENESS IS A MOTION FOR
BILL OF PARTICULARS UNDER RULE 116.

1. Appeal of the decision of conviction of the case of rape against Jose Elpedes
filed by his daughter Alma Elpedes.
2. Elpedes was charged with raping his daugher on Feb. 11, 1997 as per the
information of the complaint but testified that rape was happened on August
11, 1997.
3. Jose Elpedes contended that he can not be convicted on charged where the
evidenced shows that the rape was committed other that the date indicated on
the in the information.
4. Section 11 of Rule 110, it is not necessary to state in the complaint or
information the precise date the offense was committed except when it is
material ingredient of the offense.
5. The Supreme Court held that the exact date of the crime of rape is not
essential element of the crime.

People vs Elpedes
SECTION 12
NAME OF THE OFFENDED PARTY
The complaint or information must state the name and surname
of the persons against whom whose property the offense was
committed, or any apellation 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.
(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)
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SECTION 12
NAME OF THE OFFENDED PARTY
General rule:
The name of the offended party should be alleged in the
complaint or information.
When name is indispensable:
In offenses involving property
Ownership must be alleged
If name is unknown, the property subject of the complaint must be
described with such peculiarity as to properly identify the offense
committed
In defamation cases
The identity of the person against whom the libelous words were
directed
In rape cases
The court may withhold the real name of the victim and shall use
fictitious initials
Personal circumstances of immediate family or household
members shall not be disclosed
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SECTION 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. (13a)
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SECTION 13
DUPLICITY OF THE OFFENSE
Duplicitous information
The joinder of two or more distinct and separate
offenses in the same count of an indictment or
information.
Reason
To give the defendant in a criminal action the necessary
knowledge of the charge against him so as to enable
him to prepare for his defense
Manuel v Pao, 172 SCRA 225
Test of duplicity
Whether two or more offenses are charged in an
information, and depends not on the evidence
presented during trial, but upon the facts alleged in the
information
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SECTION 13
DUPLICITY OF THE OFFENSE
Waiver on the prohibition of duplicity
Is deemed waived when an accused does not make a
seasonable objection
An accused may be found guilty and sentenced accordingly
for as many crimes as are established by evidence
Exceptions to the duplicity rule
Complex crimes
A single act constitutes two or more grave or less grave felonies
An offense is a necessary means for committing the other
Special complex crimes
Continuous crimes
Crimes susceptible of being committed in various modes
Crimes of which another offense is an ingredient
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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)
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SECTION 14
AMENDMENT OR SUBSTITUTION
When amendments are allowed
Before the accused enters his plea
Amendment in substance of form
Without leave of court
Exception:
Downgrading of nature of offense
Can only be made upon motion of prosecutor with notice to the
offended party and with leave of court
To protect the offended party
After plea and during trial
Formal amendment only
With leave of court
Non-prejudicial to the rights of the accused
Before rendition of judgment
Mistake in charging the improper offense
Court may dismiss original complaint and order the filing of new
one with the proper offense charged (Section 19, Rule 11),
provided accused would not be placed in double jeopardy

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SECTION 14
AMENDMENT OR SUBSTITUTION
Amended information not a new information, it merely
supersedes the original
It necessarily relates back to the date when the original
information was filed
To avoid prescription of the crime charged
Formal v substantial amendment
Substance refers to the merits of the case (the validity of
sufficiency of the facts stated therein)
Form refers to the mode or style of expressing the facts
New allegations relating to the range of penalty that could be
imposed
Amendment that does not impose a charge distinct from the
original
Additional allegations that do not alter the theory of the case
Amendment that does not adversely affect any substantial right of
the accused
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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.

(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)
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SECTION 15
PLACE WHERE ACTION IS TO BE INSTITUTED
Purpose of the rule
So as not to compel defendant to move to, and appear in a
different court from that of the territory where the crime was
committed, causing inconvenience for him as well as to witnesses
This section pertains to criminal jurisdiction and venue of
action
Venue of a criminal action must be laid in the place where the
crime was committed
Determined by the allegations in the complaint or information
Exception:
May be transferred to another venue within the same judicial district,
subject to the permission of the Supreme Court, when there are serious
reasons to believe that a trial by the court originally wielding jurisdiction
over the case would not result to a fair and impartial trial (Article VIII,
Section 5(4) 1987 Constitution)
Venue as an element of jurisdiction cannot be waived
Concurrency of jurisdiction
The first court to validly take cognizance or acquire jurisdiction
excludes the others
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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)
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SECTION 16
INTERVENTION OF THE OFFENDED PARTY IN
CRIMINAL ACTION
Reason for the rule
Based on the principle that the declaration of criminal
liability carries with it a declaration of civil obligations
There are crimes which cannot be prosecuted other
than at the formal instance of the person injured
Intervention by the offended party is a matter of
enforcing the civil liability, not demanding
punishment
Intervention is not a matter of tolerance of the court
by the offended party
Offended party has the right to intervene in the
proceedings
Right to intervene is personal to offended party
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SECTION 16
INTERVENTION OF THE OFFENDED PARTY IN
CRIMINAL ACTION
When private intervention is not allowed:
When offended party waives the civil aspect of the
action
When offended party has expressly reserved the filing of
a separate civil action
Actual institution of the civil action prior to the waiver
When the nature of the crime or the law punishing it
does not provide for indemnity
Primacy of control by the prosecutor
Private prosecutor represents the offended party with
respect to the civil action for recovery of civil liability
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SECTION 16
INTERVENTION OF THE OFFENDED PARTY IN
CRIMINAL ACTION
Remedies for the private offended party in case of
dismissal:
Lodge a new complaint
Appeal to the Secretary of Justice
Institute administrative charges against the prosecutor
Institute criminal action against the prosecuting officer
File a civil action for damages against the prosecuting
official
Seek relief against the defendant in the appropriate civil
action
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