● Omnibus Election Code, Section 28

B.P 129 – RTC has exclusive jurisdiction for

to try and decide any criminal action
or proceeding for violation of the
code

Jurisdiction of the Exception: Those relating to the

offense of failure to register or failure
RTC – to vote.

Original Jurisdiction Appellate Jurisdiction

B.P 129, section 22 –

● The RTC has exclusive original Regional Trial Courts shall exercise
jurisdiction, appellate jurisdiction, appellate jurisdiction over all cases decided
special jurisdiction depending on the by Metropolitan Trial Courts, and Municipal
cases before them Trial Court, and Municipal Circuit Trial
● B.P 129 (20) (22) (23) determines Courts may be appealed to the Regional
the cases cognizable by the RTC, Trial Court in the respective territorial
and types of jurisdiction they have. jurisdiction. Such cases shall be decided on
the basis of the entire record of the
proceedings had in the court of origin and
B.P 129, Section 20: Jurisdiction such memoranda and or briefs as may be
in Criminal Cases submitted by the parties or required by the
Regional Trial Courts; The decision of the
This section grants the Regional Trial Regional Trial Courts in such cases shall be
Courts (RTCs) exclusive original
appealable by petition for review to the court
jurisdiction over all criminal cases that are
not within the exclusive jurisdiction of any of appeals which may give it due course
other court, tribunal, or body. However, it only when the petition shows prima facie
specifies that cases falling under the that the lower court has committed an error
exclusive and concurrent jurisdiction of the of fact or law that will warrant a reversal or
Sandiganbayan shall be exclusively taken modification of the decision of judgement
cognizance of by the latter. sought to be reviewed.
● The RTC has exclusive original
jurisdiction over offenses with an Appellate role of RTCs: RTCs can hear
imposable penalty that exceeds 6 appeals from:
years imprisonment, regardless of
the fine or accessory penalty.
● Where the imposable penalty is only ● Metropolitan Trial Courts (MTC)
a fine that exceeds P4,000.
● Jurisdiction over drug-related cases ● Municipal Trial Courts (MTC)
are vested exclusively with the
RTC, and no other. – Supreme ● Municipal Circuit Trial Courts
Court provides. (MCTC)
● RA 9165 - Dangerous Drugs Act
 ● Basis for decision: RTCs decide Sandiganbayan, whichever is
on the entire record of the lower applicable, and not the first level
court proceedings plus courts.
memoranda/briefs submitted by the ● R.A 9165 specifies that the RTC as
parties. the court with the jurisdiction
“exclusively to try and hear cases
● Further appeal: Decision of the involving violations of RA 9165
RTC may be appealed to the Court dangerous drugs act.)
of Appeals.
Even drug cases involving public
● Requirement for Court of officers are to be tried in the RTC.
Appeals: Appeal will be given due
course only if the petition shows 1.) Libel – Art. 360, RPC. Libel
prima facie error of fact or law in cases — Shall be tried by the
the lower court’s decision that RTC, where the libelous
justifies reversal or modification. article is printed and first
published.
● Territorial rule: Appeals go to the 2.) Election Offenses — The
RTC within the same territorial election code provides that
jurisdiction as the lower court. “The RTC shall have the
exclusive original jurisdiction
to try and decide any criminal
Special Jurisdiction action or proceedings for
violation of this Code, except
● Branches of the RTC are designated
those relating to offenses of
by the Supreme Court to handle
failure to register or failure to
exclusive criminal cases, juvenile
vote which shall be under the
and domestic relations cases,
jurisdiction of the
agrarian cases, urban land reform
metropolitan or municipal
cases.
courts”
3.) Intellectual Property Cases
Section 27, R.A 166 — All
Special Laws actions under Chapter
[Infringment] and Chapters VI
● There are special laws and rules [Unfair Competition] and
providing for jurisdiction for certain Chapter VII [False
offenses to which B.P 129 must yield Designation of Origin and
to False Description] shall be
● The special laws provide that brough to the Court of First
despite the imposable penalty of the Instance (RTC)
offenses involved even if not
exceeding 6 years, original –A rule in Statutory
jurisdiction therein lies with the Construction provides that a
Regional Trial Court, or
 Special law shall prevail over for the exclusive jurisdiction
a General law of the RTC over these
crimes.
4.) Agrarian Cases
● R.A 6657 confers Section 18 – Philippine
jurisdiction on Court, Prosecutors, and
Special Agrarian Investigator. –
Courts designated “The RTC of the
by the Supreme Court Philippines shall have
in every province. original and exclusive
The Special jurisdiction over the crimes
Agrarian Courts punishable under this Act.
have original and Their judgement may be
exclusive jurisdiction appealed or elevated to the
over the prosecution Court of Appeals and to
of all criminal the Supreme Court as
offenses involving provided by law.”
agrarian cases.
● Section 57 — 6.) Cases Involving Minors
Special Jurisdiction and Domestic Violence
xxxx...The rules of R.A no. 8368 —-
court shall apply to all Establishing Family Courts
proceedings before
the Special Agrarian Section 5. – Jurisdiction of
courts. Family Courts: The Family
Courts shall have exclusive
(par 2) The Special original jurisdiction to hear
Agrarian Courts shall and decide the following
decide all appropriate cases:
cases under their a.) Criminal cases where one
special jurisdiction or more of the accused is
within thirty (30) days below 18 years old, but not
from submission of less than 9.
the case for decision. or where one more of the
victims is a minor at the time
of the commission of the
offense.
5.) Crimes Against Humanity xxx
R.A 9841, known as i.) Cases against minors
Philippine Act on Crimes cognizable under the
Against International Dangerous Drugs Act
Humanitarian Law, j.) Violations of R.A 7610 –
Genocide, and Other Crimes “Special Protection of
Against Humanity – provides Children Against Child
 Abuse, Exploitation, and
Discrimination Act.” Lupong
Tagapamayapa
Jurisdiction of the (Katarungang Pambarangay)
MTC, MCTC, R.A 7160 – Local Government
METC Code of 1991
● Provides authority to the Lupong
● In the absence of all the RTC court Tagapamayapa to bring together
judges in a province or city, any parties actually residing in the same
METC, MCTC, MTC judge may hear city or municipality for amicable
and decide petitions for a writ of settlement of all disputes EXCEPT
habeas corpus or application for bail FOR: “Offenses punishable by
in criminal cases in the province or imprisonment exceeding 1 year, or a
city where the absent RTC judges fine exceeding P5,000 Pesos.
sit. ● EXCEPTIONS:
B.P 129 , Section 32 — Jurisdiction of 1.) Where one party is the
Metropolitan Trial Courts, Municipal Trial government, or any
Courts, and Municipal Circuit Trial Courts. subdivision or instrumentality
2.) Where one party is a public
● Except in cases falling within the officer or employee, and the
exclusive original jurisdiction of dispute relates to the
RTC and Sandigan bayan – The performance of his official
MTC , MCTC, METC shall have functions. (SB, RTC, MTC
jurisdiction over: might have jurisdiction.)
● 1.) Exclusive original jurisdiction 3.) Offenses punishable by
over all violations of city or municipal imprisonment exceeding 1
ordinances committed within their year, or a fine exceeding
respective jurisdiction P5,000 Pesos.
● 2.) Exclusive original jurisdiction 4.) Offenses where there is no
over all offenses punishable with private offended party.
imprisonment not exceeding 6 years, (Crimes against public order,
irrespective of the fine, and rebellion, sedition, national
regardless of other imposable security, treason, espionage,
accessory or other penalties, piracy.)
including the civil liability arising from 5.) Where the dispute involves
such offenses. real properties located in
● In offenses involving damage to different cities or
property through criminal municipalities unless the
negligence, they shall have parties thereto agree to
exclusive original jurisdiction thereof. submit their differences to
 amicable settlement by an
appropriate lupon. Sandigan
6.) Disputes involving parties
who actually reside in Bayan
barangays of different cities
or municipalities, except
Original Jurisdiction
where such barangay units
General Rule:
adjoin each other and the
● The sandigan bayan is a “Special
parties thereto agree to
Court” of the same level as the
submit their differences to
“Court of Appeals”.
amicable settlement by an
● Categorized in jurisprudence as “a
appropriate lupon.
court with special jurisdiction,
7.) Such other classes of
because its creation as a permanent
disputes which the President
anti-graft court is constitutionally
may determine in the interest
mandated and its jurisdiction is
of justice or upon the
limited to certain classes of
recommendation of the
offenses”
Secretary of Justice.
● P.D No. 1606 provides for its
jurisdiction. —>
● "The court in which non-criminal
cases not falling within the authority
Section 4. Jurisdiction – The
of the Lupon under this Code are
Sandiganbayan shall exercise
filed may, at any time before trial,
exclusive original jurisdiction over in
motu proprio refer the case to the
all cases involving
Lupon concerned for amicable
settlement
● Violations of RA 3019 (Anti-
Graft and Corrupt Practices
Meaning –
Act).
-Non-criminal cases (civil disputes,
neighborhood conflicts, minor
● Violations of RA 1379
disputes) that don’t automatically
(Forfeiture of Unlawfully
fall under the Lupon’s authority
Acquired Property).
can still be referred by the court.

● Crimes committed by public

-“Motu proprio” = the court can do
officers and employees,
this on its own initiative, without
including those in
waiting for the parties to request it.
government-owned or
controlled corporations,
Purpose: Give the Lupon a chance
related to their office.
to settle the case amicably before
it proceeds to formal trial.
● Other crimes by public
officials in relation to their
duties.
Where one or more of the accused are g. Presidents directors, or
officials occupying the following trustees, or managers of
positions in the government, whether in government - owned or
a permanent, acting, or interim capacity, controlled corporation state
at the time of the commission of the universities or educational
offense: institutions or foundations.

1. Officials of the executive branch 2. Members of Congress and officials

occupying the positions of regional thereof classified as Grade 27 and higher
director and higher, classified as under the Compensation and position
Salary Grade 27 and higher, of the Classification act of 1989.
Compensation and Poisiton
Classification act of 1989 (R.A 6758) 3. Members of the judiciary without
prejudice to the provisions of the
a. Provincial Governors, Vice Constitution.
Gov, members of the
sangguniang panlalawigan, 4. Chairmen and members of the
and provincial treasurers, Constitutional Commissions, without
assessors, engineers, and prejudice to the provisions of the
other provincial department Constitution.
heads *Art XI, Sec 2,1987 C. – Pres, VP,
b. City mayors, vice-mayors, Members of the SC, members of
members of the sangguniang constitutional commissions, ombudsman
panglungsod, city treasurers, may be removed from office on
assessors, engineers, and impeachment for, and conviction of:
other city department heads. Culpable Violation of the Constitution,
c. Officials of the diplomatic Treason, Bribery, Graft and Corruption,
service occupying the Other High Crimes, Betrayal of Public
position of consul and higher Trust.*
d. Philippine army and air force
colonels, naval captains, and 5. All other national and local officials
all officers of higher rank classified as “Grade 27” and higher under
e. Officers of the Philippine the the Compensation act.
National Police while
occupying the position of B. Other offenses or felonies whether
provincial director and those simple or complexed with other crimes
holding the rank of senior committed by the public officials and
superintendent and higher employees mentioned in subsection (a) of
f. City and provincial this section in relation to their office.
prosecutors and their
assistants, and officials and C. Civil and criminal cases filed pursuant to
prosecutors in the office of and in connection with the Executive Order
the ombudsman, and special Nos. 1,2,14, and 14-A, issued in 1986.
prosecutors
 1. If crime is committed in
Manila or a Chartered City:
File with the Office of the
Prosecutor (whether or not a
PI is required)
Rule 110 - 2. If crime is committed
Prosecution of outside Manila or a
Chartered City, and PI is
Offenses required:
File with the Office of the
Prosecutor.
Section 1. Institution of criminal
actions. - Criminal actions 3. If crime is committed
shall be instituted as follows: outside Manila or a
Chartered City, and PI is
not required:
a.) For offenses where a preliminary File either:
investigation is required pursuant to a.) Directly with the
section 1 of Rule 112, by filing the MTC/MCTC (direct filing of
complaint with the proper officer of the complaint), or
purpose of conducting the requisite b.) With the Office of the
preliminary investigation. Prosecutor (for preliminary
investigation).
b.) For all other offenses, by filing the
PI needed if penalty ≥ 4 years, 2 months, 1
complaint or information directly with day.
the Municipal Trial Courts and Municipal No PI if penalty < 4 years, 2 months, 1 day.
Circuit Trial Courts, or the complaint Special rules: Inquest (for warrantless arrest) →
with the office of the prosecutor. In inquest only, unless PI is requested.
Manila and other chartered cities, the
complaints shall be filed with the office ● Criminal Action – A criminal action
of the prosecutor unless otherwise is one by which the state prosecutes
provided in their charters. a person for an act or omission
punishable by law. (Section 3(b),
The institution of the criminal action Rule 1, 2019 Amended Rules of
shall interrupt the running of the period Court)
of prescription of the offense charged ● Criminal Proceedings – “a
unless otherwise provided in special proceeding instituted to determine a
laws. person’s guilt or innocence or to set
a convicted person’s punishment."
(Heirs of Delgado vs. Gonzales,
Institution of Criminal Actions
G.R. No. 184337, August 7, 2009)
By Complaint or Information
● General rule:
 ● Purpose of a Criminal Action Role Where prescription as a defense is
of the Private Offended Party available the following must be
considered:
Purposes of criminal action: to 1. The period of the prescription for the
determine the penal liability of the offense charged.
accused for having outraged the 2. The time when the period of
state with his crime and, if he be prescription starts to run.
found guilty, to punish him for it. 3. The time when the prescriptive
(1) The parties to the action are period is interrupted.
(2) The People of the Philippines
(3) The accused Private offended
Prescriptive Period.
party:
RPC Article 90. – Prescription of crime
regarded merely as a witness for
the state (Riano)
Penalty attached to crime Prescripti
Prescription ve Period

● Prescription is one of the grounds Crimes punishable by 20 years

that totally extinguishes criminal death, reclusion perpetua,
liability. or reclusion temporal
● Prescription of the right to institute
action is grounded on the following Crimes punishable by other 15 years
considerations as discussed by afflictive penalties (e.g.,
jurisprudence: prision mayor, reclusion
Prescription of actions is a valued rule in all temporal minimum,
civilized states. It is a rule of fairness since Perpetual or temporary
without it, the plaintiff can postpone the absolute disqualification,
filing of his action to the point of depriving Perpetual or temporary
the defendant, through the passage of time, special disqualification
of access to defense witnesses who would
Crimes punishable by 10 years
have died or left to live elsewhere, to
correctional penalties
documents that would have been discarded
(e.g., prision correccional,
or no longer located. Moreover, the
arresto mayor, destierro,
memories of witnesses eroded by time.
suspension)
Exceptions where special law Crimes punishable by 5 years
provides: arresto mayor (only)
● R.A No. 9851 – Philippine Act on
Crimes Against Humanity. Light offenses (punished 2 months
● Section 11 – “The crimes defined by arresto menor, public
and penalized under this Act, their censure or fine not
prosecution, and the execution of exceeding ₱200)
sentences imposed on their
Special laws (if no 1 year,
account,shall not be subject to any
specific prescriptive unless law
prescription.”
 period provided) → provides acquitted, or are unjustifiable stopped for
governed by Act No. 3326 otherwise any reason imputable to him.”

“The term of prescription shall not run when

“The term of prescription shall not run when the offender is absent from the Philippine
the offender is absent from the Philippine Archipelago.”
Archipelago.” (Art. 91, RPC)
R.A. 3326 – Section 1:
Special Laws punished by:
Prescription General Rule
Fine or 1 year
imprisonment of < 1 ● Under Art. 91, RPC, the prescriptive
month period commences to run from the
day the crime is committed.
Imprisonment >1 4 years ● The fact that the aggrieved person
month <2 years has no knowledge of his right to sue
or of the facts out of which his right
>2 years < 6 years 8 years arises does not prevent the running
of prescription.
6 years or more 12 years

Treason 20 years
Exception – Blameless Ignorance
Violations 2 months Doctrine
Penalized by
Municipal ● Under Sec. 2, Act No. 3326 (Special
Ordinance Laws and Ordinances), the
prescriptive period runs only from
the discovery of the violation.
● This means prescription begins to
run only upon discovery of the
Computation of prescription unlawful nature of the act, not from
its commission.
Crimes prosecuted by the Revised Penal ● Applies only to special laws and
Code, Article 91 of the code provides: The municipal ordinances.
period starts to run from the discovery of the ● Does not apply to crimes under
crime. the RPC.

Article 91 – Computation of prescription

to offenses
“The period of prescription shall commence
to run from the day on which the crime is Interruption of Prescription
discovered by the offended party,
Article 91 RPC: “Prescriptive period shall
authorities, or their agents, and shall be
be interrupted by the filing of the complaint
interrupted by the filing of the complaint or or information.”
information, and shall commence to run
again when such proceedings terminate ● The running of the prescriptive
without the accused being convicted or period stops once a complaint or
 information is filed in court or with ● Why? – The Revised Rules
the prosecutor’s office. on Summary Procedure are
● Brillantes v. Court of Appeals designed for speedy
(1990): Confirmed that filing with the
disposition of minor cases.
prosecutor for preliminary
investigation interrupts prescription. If prescription were already
tolled at the prosecutor level,
Summary Rule: cases could sit there for
months or years, defeating
● Filing of Information in court → the purpose of “summary”
interrupts. procedure.
● Filing of Complaint with
prosecutor for PI → interrupts.
● Thus, both complaint or
information, whether for trial or Effect of Void Preliminary
PI, interrupts the running of the Investigation on Interruption of
prescriptive period.
● Filing in a police station / Blotter Prescription
does not interrupt the prescription. ● A void preliminary investigation does
Rule 112 (2) does not explicitly say not toll the prescriptive period.
police are authorized. Only states ● In Cruz Jr v. Sandiganbayan a void
“C.) Other officers may be
preliminary investigation does not
authorized by law. (Only prosecutors
are stated in the provision) interrupt the prescription period
● Prosecutor = big crimes (needs PI). ● How is it void? – If it does not follow
more than 4 years 2 months 1 day Rule 112, of the Rules of Court
imprisonment.
Police small crimes (no PI), urgent
cases (inquest), or when law says
so. Less than 4 years 2 months 1
day imprisonment.

Rule 110, Section 2. –

The complaint or
Rules on Summary information.
Procedure
“The complaint or information shall be in
Cases under summary procedure: writing, in the name of the People of the
Philippines and against all persons who
● Only the filing of information appear to be responsible for the offense
in court interrupts the involved.”
prescription.
● Section 9 of the Rules on ● Complaint defined – “sworn written
Summary Procedure: The statement charging a person with an
complaint or information shall offense, subscribed by the offended
be filed directly in court party, any peace officer, or other
without need of a prior public officer charged with the
preliminary examination or enforcement of the law violated”
preliminary investigation.
 ● Information defined – “an any peace officer, or other public
accusation in writing charging a officer charged with the enforcement
person with an offense.” It is of the law violated.
subscribed by the prosecutor and ● A complaint under oath, however, is
filed with the court. FORMAL rather than a
● Both are documents that initiate JURISDICTIONAL REQUIREMENT.
criminal action. ● Even the absence of an oath does
● Mere narration of the act does not not necessarily render the complaint
suffice in constituting a crime. invalid, unless the complaint
● Why is it named People v. xxx? – A charged a private offense under Art.
crime is not just an offense against 344 and 360 RPC.
the offended party, but an offense ● The lack of an oath is a mere
against the State itself, since it FORMAL DEFECT which does not
disturbs public order and security. It affect the substantial rights of the
is the duty of the state to look defendant.
after, guard and defend the
interests of the community, the Offended Party
individual and social rights and
● Rule 110 (12), Rules of Court
the liberties of every citizen, and
defines an offended party as “The
the guarantee of his rights..
person against whom or against
● The complainant (victim) is not
whose property the offense was
technically a “party” in the criminal
committed".
case. He/she can initiate the action
● The offended party may also be a
(by filing a complaint) but once it’s in
private individual whose person,
court, it is the People (through the
right, house, liberty, or property was
prosecutor) who carries it forward.
actually or directly injured by the
same punishable act or omission of
the accused, or that corporate entity
which is damaged or injured by the
Rule 110, Section 3 – delictual acts complained of. Such a
Complaint defined. party must be one who has a legal
right; substantial internet in the
“A complaint is a sworn written subject matter of the action.
statement charging a person with an ● The private offended party mainly
offense, subscribed by the offended pursues the civil aspect
party, any peace officer, or other public (damages/indemnity), which is
officer charged with the enforcement of included in the criminal case unless
the law violated.” waived. The interest of the private
party must be personal, direct, and
substantial; and not one based on a
Oath desire to vindicate the constitutional
right of some third and unrelated
● The complaint must be made party.
under oath – by the offended party,
Any Peace Officer 3.) A statement of the acts or
omissions so complained of
● Any peace officer may subscribe as constituting the offense.
and swear to a complaint. 4.) Name of the offended party.
● A peace officer cannot be coerced 5.) Approximate time and date of
by Mandamus to subscribe and the commission of the
swear to a complaint as “to offense.
subscribe and swear to a criminal 6.) Place where the offense has
complaint is not a ministerial but a been committed.
discretionary act of a peace
officer.”
Subscribed and Filed By The
Rule 110, Section 4 – Prosecutor
Information defined. ● It is the prosecutor, and not any
other person, who subscribes to and
“An information is an accusation in then files the information in court.
writing charging a person with an ● In cases before the Sandiganbayan,
offense, subscribed by the prosecutor the prosecutor is the Ombudsman
and filed with the court.” and the PCGG Commissioner does
not have the authority to subscribe
● The constitution guarantees the right to an information.
of an accused “to be informed of the ● Since only the prosecutor may file, if
nature and cause of the accusation an unauthorized officer does it, this
defect cannot be cured by silence,
against him.” It is guaranteed by an
consent, or acquiescence. (even if
Information the accused does not object) –
● An accused can only be convicted of
an offense clearly charged in the The accused can challenge it via a
complaint or information Motion to Quash for lack of
● The hornbook doctrine in our authority.
jurisdiction is that “an accused can
only be convicted of an offense
clearly charged in the complaint
Information Certified Under
or information” Oath By The Prosecutor
● The information filed against an ● The rules provide that information
accused is intended to inform him of must be subscribed by the
the accusations against him, in order prosecutor. –
that he could adequately prepare his ● Because the prosecuting officer filing
defense. it is charged with the special duty in
● An Information must state the regard, and is acting under the
following: special responsibility of his oath
1.) Name of the Accused. of office.
2.) The designation given to the
offense by the statute.
 ● The contents of such a certification All criminal actions commenced by
from the prosecutor is found in Rule complaint or by information shall be
112, Section 4, Rules of Court. prosecuted under the direction and control
of a public prosecutor, In case of heavy
Section 4, Rule 112 of the Rules of Court: work schedule of the public prosecutor or in
Resolution of investigating prosecutor and the event of lack of public prosecutors. The
its review. – private prosecutor may be authorized in
If the investigating prosecutor finds cause to writing by the Chief of the Prosecution office
hold the responder for trial, he shall prepare or the Regional State Prosecutor to
the resolution and information. He shall prosecute the case subject to the approval
certify under oath in the information that he, of the court. Once so authorized to
or as shown by the record, an authorized prosecute the criminal action, the private
officer, has 1.) personally examined the prosecutor shall continue to prosecute the
complaint and his witnesses; 2.) that there case up to the end of the trial even in the
is reasonable ground to believe that a crime absence of a public prosecutor, unless the
has been committed and 3.) that the authority is revoked or otherwise withdrawn.
accused probably guilty thereof; 4.) that the
accused was informed of the complaint, and
of the evidence submitted against him; 5.) ● Section 5 allows a private
and that he was given an opportunity to prosecutor to step in only if
submit controverting evidence. Otherwise, authorized in writing by the Chief
he shall recommend the dismissal of the of the Prosecution Office or Regional
complaint. State Prosecutor, and subject to
court approval.
● Only an authorized prosecutor can
legally subscribe and file the ● Even then, the private prosecutor
Information. steps into the shoes of the public
prosecutor: he/she may prosecute
● Filing by someone without authority and file the Information legally, but
(e.g., police, PCGG Commissioner) only because the law temporarily
would violate Section 4 and is grants that authority.
voidable, subject to Motion to
Quash. ● Without such authorization, any
filing by a private individual would
● Section 4 shows that subscribing be invalid, just like filing by an
under oath is not just a formality —- unauthorized officer (PCGG
it ensures that the filing is Commissioner, police, etc.).
procedurally valid, accurate, and
respects the accused’s rights. ● Crimes of adultery and
concubinage shall not be
prosecuted except upon a complaint
Section 5, Rule 112 of the Rules of Court: filed by the offender spouse.
Who must prosecute criminal action. – ● The offenses of seduction,
abduction, and acts of
 lasciviousness shall not be
prosecuted upon a complaint filed by
the 1.) offended party 2.) or her
parents, 3.) grandparents, or 3.)
guardian, nor in any case, if the
offender has been expressly
pardoned by any of them.

In the case: where the offender

party dies, or becomes incapacitated
before filing the complaint, and has
no known parents, grandparents,
guardian, the 5.) state shall initiate
the criminal action on her behalf.

● Even if the offended party is a

minor, has the right to initiate the
prosecution of the offense
independently, unless she is
incompetent or incapable of doing
so.

● In cases of defamation, only the

offender party can initiate criminal
action.