PARTIES TO A

CRIMINAL CASE

1. Prosecution - The party who prosecutes the accused. The

prosecution's client is society and the state.
- The prosecution's duty is to find justice and if the
case goes to trial to prove beyond a reasonable doubt
that the defendant is guilty of the crime charged.

2. Defense - the one being prosecuted for the crime

charged.

Sufficiency of complaint or information 1. A complaint or information is sufficient if it states

the name of the accused;
2. the designation of the offense given by the
statute;
3. the acts or omissions
constituting the offense;

complained

of

as

4. the name of the offended party; the approximate

date of the commission of the offense;
5. 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.

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

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

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 as well as its qualifying and
aggravating circumstances and for the court to
pronounce judgment

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

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.

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.

(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

PARTIES TO A CIVIL
ACTION

Who may be parties?

Only Natural or Juridical Persons or
entities authorized by laws may be
parties in a civil case.

General Classification
1. Plaintiff - a person who brings a case against another
in a court of
law.
- may refer to the claiming party
2. Defendant- an individual, company, or institution sued
or accused in
a court of law.
- may refer to the original defending party

Specific Classification
1. Parties in interest - A real party in interest is the party who stands to
be benefited or injured by the judgment in the suit, or the
party entitled to the avails of the suit. Unless otherwise
authorized by law or these Rules, every action must be
prosecuted or defended in the name of the real party in
interest.

Specific Classification
2. Representatives as parties - Where the action is allowed to be prosecuted
and defended by a representative or someone acting in a
fiduciary capacity, the beneficiary shall be included in the
title of the case and shall be deemed to be the real
property in interest.

Specific Classification
A representative may be a trustee of an expert trust, a
guardian, an executor or administrator, or a party
authorized by law or these Rules.

Specific Classification
An agent acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without joining
the principal except when the contract involves things
belonging to the principal. (3a)

Specific Classification
Example...
Ken, as Attorney-in-fact of Cholo, plaintiff
versus
Lewee, Defendant

Specific Classification
3. Spouses as parties. Husband and wife shall sue or
be sued jointly, except as provided by law.

Specific Classification
Exceptions:
1. Complete separation of property
2. If a spouse has her/his own property

Specific Classification
4. Minor or incompetent persons - A minor or a person alleged to be incompetent,
may sue or be sued with the assistance of his father,
mother, guardian, or if he has none, a guardian ad litem.

Specific Classification
5. Unwilling co-plaintiff - If the consent of any party who should be joined as
plaintiff can not be obtained, he may be made a
defendant and the reason therefor shall be stated in the
complaint.

Specific Classification
example:
There are four brothers and one sister. They have to
file a case against somebody to recover property which
they believe was owned by their parents.

Specific Classification
6. Unknown identity or name of defendant - Whenever the identity or name of a defendant is
unknown, he may be sued as the unknown owner heir
devisee, or by such other designation as the case may
require, when his identity or true name is discovered, the
pleading must be amended accordingly.

Specific Classification
example:
While Pnoy was walking on the street, He was
bumped by a car, say Mitsubishi Montero, 2016 model,
color black. Now, so far, he could not determine who is
the owner. If you are the lawyer of Pnoy, bow would you
sue the defendant?

Specific Classification
7. Entity without juridical personality as defendant - When two or more persons not organized as an
entity with juridical personality enter into a transaction,
they may be sued under the name by which they are
generally or commonly known.

Specific Classification
8. Indigent party - A party may be authorized to litigate his action,
claim or defense as an indigent if the court, upon an ex
parte application and hearing, is satisfied that the party
is one who has no money or property sufficient and
available for food, shelter and basic necessities for
himself and his family.