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Criminal Procedure: RULE 110 –
Prosecution of Offenses
RULE 110 – Prosecution of Offenses
1. Institution of Criminal Actions (Sec. 1)
1. How is criminal action instituted
1. For offenses where the Preliminary Investigation is
Required (sec 1, par 1)
1. For Offenses where a preliminary investigation is
required pursuant to Sec 1 of Rule 112, by filing the
Complaint with the proper officer for the purpose
of conducting the requisite preliminary
Investigation.
1. Preliminary Investigation (Rule 112 Sec 1 par
1) – is an inquiry or proceeding to determine
whether there is sufficient ground to engender
a well founded belief that a crime has been
committed and the respondent is probably
guilty thereof, and should be held for trial.
2. When is Preliminary Investigation is
Required – (Rule 112 Sec 1 par 2) – Preliminary
Investigation is required to be conducted
before filing of a complaint or information for
an offense where the penalty prescribed by law
is at least Four (4) years, Two (2) months and
One (1) days without regard to the fine.
3. Exception (Rule 112 Sec 6) *Renumbered
formerly Sec 7 – When the accused lawfully
arrested without a warrant. – When a person is
lawfully arrested without warrant involving the
offense which requires a preliminary
investigation, the complaint or information
may be filed a prosecutor without need of such
investigation provided an inquest has been
conducted in accordance with existing rules.
2. For All other offense not requiring Preliminary
Investigation
2. When is it deemed instituted
3. Who is qualified to institute it:
a. By complainant, de parte
b. By information, de officio
(a) Jimenez vs Sorongon, 687 SCRA 151 (Full Text)
2. Sufficiency of Complaint or Information (Sec. 6) (COCA-
DP)
1. Name of the accused
2. Name of the offended party
3. Name of the offense(Crime)
1. People vs Valdez, 663 SCRA 272 (Full Text)
1. For complaint or information to be sufficient, it
must state 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 time of the commission of
the offense, and the place wherein the offense was
committed. What is controlling is not the title of
the complaint, nor the designation of the offense
charged or the particular law or part thereof
allegedly violated, these being mere conclusions of
law made by the prosecutor, but the description of
the crime charged and the particular facts therein
recited. The acts or omissions complained of must
be alleged in such form as is sufficient to enable a
person of common understanding to know what
offense is intended to be charged, and enable the
court to pronounce proper judgment.
2. Miguel vs Sandiganbayan, 675 SCRA 560 (Full Text)
1. The test of the information’s sufficiency is whether
the crime is described in intelligible terms and with
such particularity with reasonable certainty so that
the accused is duly informed of the offense
charged. In particular, whether an information
validly charges an offense depends on whether the
material facts alleged in the complaint or
information shall establish the essential elements
of the offense charged as defined in the law. The
raison d’etre of the requirement in the Rules is to
enable the accused to suitably prepare his
defense.
3. People vs Soria, 685 SCRA 483 (Full Text)
1. “[W]here an offense may be committed in any of
the different modes and the offense is alleged to
have been committed in two or more modes
specified, the indictment is sufficient,
notwithstanding the fact that the different means
of committing the same offense are prohibited by
separate sections of the statute. The allegation in
the information of the various ways of committing
the offense should be regarded as a description of
only one offense and the information is not
thereby rendered defective on the ground of
multifariousness.”
4. Cause of accusation: qualifying and aggravating
circumstances
1. Serapio vs. Sandiganbayan, G.R. No. 148468, January
28, 2003
1. The acts or omissions complained or must be
alleged in such form as is sufficient to enable a
person of common understanding to know what
offense is intended to be charged and enable the
court to know the proper judgment. The
Information must allege clearly and accurately the
elements of the crime charged. What facts and
circumstances are necessary to be included
therein must be determined by reference to the
definition and elements of the specific crimes. The
purpose of the requirement of alleging all the
elements of the crime in the Information is to
inform an accused of the nature of the accusation
against him so as to enable him to suitably
prepare for his defense. Another purpose is to
enable accused, if found guilty, to plead his
conviction in a subsequent prosecution for the
same offense.
2. People Of The Philippines Vs. Tampus, G.R. No.
181084, June 16, 2009,
1. In the case at bar, although the victim’s minority
was alleged and established, her relationship with
the accused as the latter’s daughter was not
properly alleged in the Information, and even
though this was proven during trial and not
refuted by the accused, it cannot be considered as
a special qualifying circumstance that would serve
to increase the penalty of the offender. Under the
2000 Rules of Criminal Procedure, which should be
given retroactive effect following the rule that
statutes governing court proceedings will be
construed as applicable to actions pending and
undetermined at the time of their passage, every
Information must state the qualifying and the
aggravating circumstances attending the
commission of the crime for them to be
considered in the imposition of the penalty. Since
in the case at bar, the Information did not state
that the accused is the mother of the victim, this
circumstance could not be appreciated as a special
qualifying circumstance. She may only be
convicted as an accomplice in the crime of simple
rape, which is punishable by reclusion perpetua.
3. Place of commission
5. Date of commission
3. Amendment vs Substitution (Sec. 14)
1. Distinguish
1. 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)
1. Rule 19 Sec 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)
2. Compare with Rule 10
4. Place where the action is to be instituted (Sec. 15)
1. Venue is jurisdictional in criminal cases
1. the venue of criminal cases is not only in the place
where the offense was committed, or
2. where any of its essential ingredients took place.
2. Union Bank vs People, 667 SCRA 113 (Full Text)
5. Intervention of the offended party (Sec. 16)
1. Sec 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.
2. Compare with Rule 19, Sec 1, Who may intervene. — A
person who has a legal interest in the matter in litigation,
or in the success of either of the parties, or an interest
against both, or is so situated as to be adversely affected
by a distribution or other disposition of property in the
custody of the court or of an officer thereof may, with
leave of court, be allowed to intervene in the action. The
court shall consider whether or not the intervention will
unduly delay or prejudice the adjudication of the rights of
the original parties, and whether or not the intervenor’s
rights may be fully protected in a separate proceeding.
(2[a], [b]a, R12)
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