Private crimes – are those which cannot be NOTE: Civil liability arising from other

prosecuted except upon the Complaint filed by sources of obligations are no longer deemed
offended party. instituted like those under Articles 32, 33,
34 and 2176 of the CC which can be
General Rule: It is the Prosecutor who prosecutes prosecuted WITHOUT RESERVATION.
crimes in behalf of the state.
3. When the offended party institutes a civil
Except: action prior to the criminal action.
1. Concubinage and adultery
 The OFFENDED SPOUSE. Section 2: When a separate civil action is
 Both guilty parties must be included suspended.
in the complaint.
General Rule:
2. Seduction, abduction and acts of  After the criminal action has been
lasciviousness: prosecuted exclusively and commenced, the separate civil action
successively by the following: arising therefrom cannot be instituted
until final judgment has been entered in
a) Offended party the criminal action.
b) Parents, grandparents or legal guardians in  If the civil action is instituted BEFORE
that successive order. the
c) State pursuant to parens patriae.  filing of the criminal action and the
criminal action is subsequently
3. Defamation imputing to a person any of the commenced, the pending civil action
foregoing crimes – can be prosecuted ONLY SHALL BE SUSPENDED until final
BY THE PARTIES DEFAMED. judgment in the criminal action has
been rendered.
Note: Desistance of the complainant does not bar
criminal prosecution as long as the action has been EXCEPTIONS:
instituted; however, it operates as a waiver of the
right to pursue civil indemnity. a. INDEPENDENT CIVIL ACTIONS based on
Arts. 32, 33, 34 and 2176 of the CC
CHAPTER 3. PROSECUTION OF CIVIL ACTIONS  It shall proceed independently from the
criminal action and shall require only
Article 100 RPC: Every person criminally liable for a preponderance of evidence.
felony is also civilly liable.
(Discuss the proof required)

Institution of criminal and civil actions: b. PREJUDICIAL QUESTION – arises in a case

the resolution of which is the logical
Section 1: General Rule: When a criminal action is antecedent of the issue involved therein,
instituted, the civil action for the recovery of civil and the cognizance of which pertains to
liability arising from the offense shall be deemed another tribunal.
instituted with the criminal action.
Elements:
Exceptions: i. The civil action must be instituted prior to
the criminal action.
1. When the offended party waives the civil ii. The civil action involves an issue similar or
action. intimately related to the issue raised in the
2. When the offended party RESERVES his right criminal action.
to institute a separate civil action. iii. The resolution of such issue determines
 Before the prosecution starts to present whether or not the criminal action may
its evidence proceed.
 Under circumstances affording the
offended party to a reasonable
opportunity to make such reservation.
Where to file: court or prosecutor conducting o Means of discovering the persons who may
preliminary investigation. be reasonably charged with a crime, to
enable the prosecutor to prepare his
c. CONSOLIDATION – where the civil action is complaint or information.
consolidated with the criminal action. o This is usually conducted through
submission of affidavits and supporting
d. Where the civil action is not one intended documents, through the exchange of
to enforce the civil liability arising from the pleadings
offense.
INSTANCES WHERE THE ACCUSED MAY ASK FOR A
Extinction of the penal action does not carry with it PI:
the extinction of the civil action, UNLESS the
extinction proceeds from a declaration in a final 1. If the person is ARRESTED, he can ask for a
judgement that the fact from which the civil liability PI BEFORE the filing of a complaint or
might arise did not exist. information BUT he must sign a WAIVER in
accordance with Article 125, RPC
Section 4. Effect of death on civil actions

 AFTER ARRAINGMENT and during the Article 125 - Delay in the Delivery of Detained
pendency of the criminal action – Persons to the Proper Judicial Authorities:
EXTINGUISHES the civil liability arising
from the delict. "The penalties provided in the next preceding
article shall be imposed upon the public officer or
 BEFORE ARRAIGNMENT – the case shall employee who shall detain any person for some
be DISMISSED without prejudice to any legal ground and shall fail to deliver such person to
civil action. The offended party may file the proper judicial authorities within the period of:
against the estate of the deceased.
1. Twelve (12) hours, for crimes or
Payment of filing fee – a court acquires jurisdiction offenses punishable by light
over any case only upon the payment of the penalties, or their equivalent;
prescribed docket fees. 2. Eighteen (18) hours, for crimes or
offenses punishable by correctional
CHAPTER 4. PRELIMINARY INVESTIGATION penalties, or their equivalent; and
3. Thirty-six (36) hours, for crimes or
 Is an inquiry or proceeding to determine offenses punishable by afflictive or
whether there exists sufficient ground to capital penalties, or their
engender a well-founded belief that a crime equivalent."
has been committed and that the
respondent is probably guilty thereof.
2. AFTER the filing of the complaint or
 it is required to be conducted BEFORE THE information, the accused may, within 5 days
FILING OF A COMPLAINT OR INFORMATION from the time he learns of its filing ask for
for an offense where the penalty prescribed PI.
is 4y, 2m, 1d without regard of the fine.
(prision correccional) Effect of denial of PI: becomes the DENIAL OF DUE
PROCESS.
o It is merely inquisitorial – it often only
means of discovering the persons who may General Rule: PI is required to be conducted before
be reasonably charged with a crime and to the filing of the complaint or information.
enable the Prosecutor to prepare his
complaint or information. Exception: Warrantless arrest when the penalty of
o Personal right and may be waived. the crime committed is 4y2m1d.
o It marks the commencement of criminal
prosecution proper. Proper course of action is INQUEST proceeding
o Presence of a counsel is NOT mandatory.
o The ABSENCE THEREOF does NOT AFFECT Effect of ABSENCE OF PI: does NOT impair the
the jurisdiction of the court or invalidate the validity of the information or otherwise render the
information if no objection was raised. same defective.
 8) Aggrieved party from the decision may file a
PETITION FOR REVIEW with the DOJ. – 15
Remedies if NO PI was conducted: days from the receipt of the resolution
a. Refuse to enter plea during arraignment
b. Insist on PI  If the case is NOT yet filed in court – DOJ
shall order the prosecutor to either file or
refrain from filing the case.
Section 2. Officers authorized to conduct  If the case is ALREADY filed in court – the
Preliminary investigation: FISCAL/PROSECUTORS DOJ must order the prosecutor to file for a
petition to dismiss in court. It shall now be
Prosecutor – directs and controls the prosecution within the discretion of the court whether
of all criminal actions commenced by the complaint to grant or dismiss the petition.
or information.
9) Information shall be filed in court if there is
A public prosecutors determination of probable probable cause.
cause for the PURPOSE OF FILING A COMPLAINT OR
INFORMATION IN COURT. 10) The court will determine whether there is
probable cause for the issuance of warrant
General Rule: the determination of probable cause of arrest.
is an executive function which courts cannot pass
upon. Section 5. When warrant of arrest may issue:

Exception: courts may interfere with the Conditions:

prosecutors determination of probable cause only  Must have examined in writing or under
when there is grave abuse of discretion. oath the complainant and his witnesses by
searching questions and answers ; questions
as may have the tendency to show the
Section 3. Procedure – the Preliminary investigation commission of the crime and the
shall be conducted in the following manner: perpetrator thereof.
 Must be satisfied that probable cause exists.
1) Filing of a complaint accompanied by the  There is a need to place the respondent
affidavits and supporting documents which under immediate custody in order not to
must be under oath. frustrate the ends of justice.

2) Within 10 days from filing, the investigating Meaning of “personal determination of the judge in
officer shall either DISMISS or ISSUE the issuance of warrant of arrest” :
SUBPOENA.
The judge NEED NOT personally examine the
3) If subpoena is issued, respondent shall complaint and witnesses in the determination of
submit a counter-affidavit and other probable cause for the issuance of warrant of
supporting documents within 10 days from arrest. He is only required to:
the receipt thereof.
1. Personally evaluate the report and the
4) Clarificatory hearing (optional) – it shall be supporting documents submitted by the
held within 10 days from submission of prosecutor regarding the existence of
counter-affidavits or from the expiration of probable cause and on the basis thereof,
the period of their submission. issue a warrant of arrest.

5) Resolution of the prosecutor within 10 days 2. If on the basis thereof he finds no probable
after the investigation. cause, he may disregard the prosecutors
report and REQUIRE THE SUBMISSION OF
6) NO PROBABLE CAUSE – recommendation of SUPPORTING AFFIDAVITS OF WITNESSES TO
dismissal AID HIM in arriving at the conclusion as to
the existence of probable cause.
WITH PROBABLE CAUSE – prepare a
resolution and information.

7) Within 5 days from resolution forward the

record of the case to the Provincial or city
prosecutor.
Two types of probable cause:

1. Executive determination
- To hold a person for trial
- Public Prosecutor
- Whether or not there is reasonable ground
to believe that the accused is guilty of the
offense charged and should be held for trial.

2. Judicial determination
- To issue warrant of arrest
- Judge
- Whether or not warrant of arrest should be
issued.

Instances when warrant of arrest is NOT necessary:

1. Offense is punishable by fine only.

2. The C/I was filed after the accused was
lawfully arrested without warrant.
3. C/I is filed with MTC and it involves an
offense which does not require PI.

Section 6. when the accused lawfully arrested

without a warrant:

INQUEST – an informal and summary investigation

conducted by a prosecutor in criminal cases
involving persons arrested and detained without
the benefit of a warrant of arrest issued by the
court. For the purpose of DETERMINING WHETHER
SAID PERSONS SHOULD REMAIN UNDER THE
CUSTODY AND BE CHARGED IN COURT.