RULE 110 The offended party, even if a minor, has the right to initiate the

prosecution of the offenses of seduction, abduction and acts of

Prosecution of Offenses 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,
Section 1. Institution of criminal actions. — Criminal actions shall be grandparents, or guardian may file the same. The right to file the action
instituted as follows: granted to parents, grandparents or guardian shall be exclusive of all
other persons and shall be exercised successively in the order herein
(a) For offenses where a preliminary investigation is required pursuant provided, except as stated in the preceding paragraph.
to section 1 of Rule 112, by filing the complaint with the proper officer
for the purpose of conducting the requisite preliminary investigation. No criminal action for defamation which consists in the imputation of
the offenses mentioned above shall be brought except at the instance
(b) For all other offenses, by filing the complaint or information of and upon complaint filed by the offended party. (5a)
directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In Manila The prosecution for violation of special laws shall be governed by the
and other chartered cities, the complaint shall be filed with the office provisions thereof. (n)
of the prosecutor unless otherwise provided in their charters.
Section 6. Sufficiency of complaint or information. — A complaint or
The institution of the criminal action shall interrupt the running period information is sufficient if it states the name of the accused; the
of prescription of the offense charged unless otherwise provided in designation of the offense given by the statute; the acts or omissions
special laws. (1a) complained of as constituting the offense; the name of the offended
party; the approximate date of the commission of the offense; and the
Section 2. The Complaint or information. — The complaint or place where the offense was committed.
information shall be in writing, in the name of the People of the
Philippines and against all persons who appear to be responsible for When an offense is committed by more than one person, all of them
the offense involved. (2a) shall be included in the complaint or information. (6a)

Section 3. Complaint defined. — A complaint is a sworn written Section 7. Name of the accused. — The complaint or information must
statement charging a person with an offense, subscribed by the state the name and surname of the accused or any appellation or
offended party, any peace officer, or other public officer charged with nickname by which he has been or is known. If his name cannot be
the enforcement of the law violated. (3) ascertained, he must be described under a fictitious name with a
statement that his true name is unknown.
Section 4. Information defined. — An information is an accusation in
writing charging a person with an offense, subscribed by the If the true name of the accused is thereafter disclosed by him or appears
prosecutor and filed with the court. (4a) in some other manner to the court, such true name shall be inserted in
the complaint or information and record. (7a)
Section 5. Who must prosecute criminal actions. — All criminal
actions commenced by a complaint or information shall be prosecuted Section 8. Designation of the offense. — The complaint or information
under the direction and control of the prosecutor. However, in shall state the designation of the offense given by the statute, aver the
Municipal Trial Courts or Municipal Circuit Trial Courts when the acts or omissions constituting the offense, and specify its qualifying
prosecutor assigned thereto or to the case is not available, the offended and aggravating circumstances. If there is no designation of the
party, any peace officer, or public officer charged with the enforcement offense, reference shall be made to the section or subsection of the
of the law violated may prosecute the case. This authority cease upon statute punishing it. (8a)
actual intervention of the prosecutor or upon elevation of the case to
(This Section was repealed by A.M. No. 02-2-07-SC effective
the Regional Trial Court.
May 1, 2002) 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
The crimes of adultery and concubinage shall not be prosecuted except language and not necessarily in the language used in the statute but in
upon a complaint filed by the offended spouse. The offended party terms sufficient to enable a person of common understanding to know
cannot institute criminal prosecution without including the guilty what offense is being charged as well as its qualifying and aggravating
parties, if both alive, nor, in any case, if the offended party has circumstances and for the court to pronounce judgment. (9a)
consented to the offense or pardoned the offenders.
Section 10. Place of commission of the offense. — The complaint or
The offenses of seduction, abduction and acts of lasciviousness shall information is sufficient if it can be understood from its allegations that
not be prosecuted except upon a complaint filed by the offended party the offense was committed or some of the essential ingredients
or her parents, grandparents or guardian, nor, in any case, if the occurred at some place within the jurisdiction of the court, unless the
offender has been expressly pardoned by any of them. If the offended particular place where it was committed constitutes an essential
party dies or becomes incapacitated before she can file the complaint, element of the offense or is necessary for its identification. (10a)
and she has no known parents, grandparents or guardian, the State shall
initiate the criminal action in her behalf.
Section 11. 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 (c) Where an offense is committed on board a vessel in the course of
possible to the actual date of its commission. (11a) 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
Section 12. Name of the offended party. — The complaint or vessel passed during such voyage, subject to the generally accepted
information must state the name and surname of the person against principles of international law.
whom or against whose property the offense was committed, or any
appellation or nickname by which such person has been or is known. (d) Crimes committed outside the Philippines but punishable under
If there is no better way of identifying him, he must be described under Article 2 of the Revised Penal Code shall be cognizable by the court
a fictitious name. where the criminal action is first filed. (15a)

(a) In offenses against property, if the name of the offended party is Section 16. Intervention of the offended party in criminal action. —
unknown, the property must be described with such particularity as to Where the civil action for recovery of civil liability is instituted in the
properly identify the offense charged. criminal action pursuant to Rule 111, the offended party may intervene
by counsel in the prosecution of the offense. (16a)
(b) If the true name of the of the person against whom or against whose
properly the offense was committed is thereafter disclosed or RULE 112
ascertained, the court must cause the true name to be inserted in the
complaint or information and the record. Preliminary Investigation

Section 1. Preliminary investigation defined; when required. —

(c) If the offended party is a juridical person, it is sufficient to state its Preliminary investigation is an inquiry or proceeding to determine
name, or any name or designation by which it is known or by which it
whether there is sufficient ground to engender a well-founded belief
may be identified, without need of averring that it is a juridical person
or that it is organized in accordance with law. (12a) that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial.
Section 13. Duplicity of the offense. — A complaint or information Except as provided in section 7 of this Rule, a preliminary
must charge but one offense, except when the law prescribes a single investigation is required to be conducted before the filing of a
punishment for various offenses. (13a) complaint or information for an offense where the penalty prescribed
by law is at least four (4) years, two (2) months and one (1) day
Section 14. Amendment or substitution. — A complaint or information without regard to the fine. (1a)
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 Section 2. Officers authorized to conduct preliminary
the trial, a formal amendment may only be made with leave of court investigations. —
and when it can be done without causing prejudice to the rights of the
accused. The following may conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

However, any amendment before plea, which downgrades the nature
of the offense charged in or excludes any accused from the complaint (b) Judges of the Municipal Trial Courts and Municipal Circuit Trial
or information, can be made only upon motion by the prosecutor, with Courts;
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 (c) National and Regional State Prosecutors; and
furnished all parties, especially the offended party. (n)
(d) Other officers as may be authorized by law.
If it appears at any time before judgment that a mistake has been made
Their authority to conduct preliminary investigations shall include
in charging the proper offense, the court shall dismiss the original
complaint or information upon the filing of a new one charging the all crimes cognizable by the proper court in their respective territorial
proper offense in accordance with section 19, Rule 119, provided the jurisdictions. (2a)
accused shall not be placed in double jeopardy. The court may require
Section 3. Procedure. — The preliminary investigation shall be
the witnesses to give bail for their appearance at the trial. (14a)
conducted in the following manner:
Section 15. Place where action is to be instituted. — (a) The complaint shall state the address of the respondent and shall
be accompanied by the affidavits of the complainant and his
(a) Subject to existing laws, the criminal action shall be instituted and witnesses, as well as other supporting documents to establish
tried in the court of the municipality or territory where the offense was probable cause. They shall be in such number of copies as there are
committed or where any of its essential ingredients occurred. respondents, plus two (2) copies for the official file. The affidavits
shall be subscribed and sworn to before any prosecutor or
(b) Where an offense is committed in a train, aircraft, or other public government official authorized to administer oath, or, in their
or private vehicle while in the course of its trip, the criminal action absence or unavailability, before a notary public, each of who must
shall be instituted and tried in the court of any municipality or territory certify that he personally examined the affiants and that he is
where such train, aircraft or other vehicle passed during such its trip, satisfied that they voluntarily executed and understood their
including the place of its departure and arrival. affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigation of cases falling under the original jurisdiction of the
investigating officer shall either dismiss it if he finds no ground to Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
continue with the investigation, or issue a subpoena to the respondent Trial Court, or Municipal Circuit Trial Court may be conducted by
attaching to it a copy of the complaint and its supporting affidavits either the judge or the prosecutor. When conducted by the
and documents. prosecutor, the procedure for the issuance of a warrant or arrest by
the judge shall be governed by paragraph (a) of this section. When
The respondent shall have the right to examine the evidence the investigation is conducted by the judge himself, he shall follow
submitted by the complainant which he may not have been furnished the procedure provided in section 3 of this Rule. If the findings and
and to copy them at his expense. If the evidence is voluminous, the recommendations are affirmed by the provincial or city prosecutor,
complainant may be required to specify those which he intends to or by the Ombudsman or his deputy, and the corresponding
present against the respondent, and these shall be made available for information is filed, he shall issue a warrant of arrest. However,
examination or copying by the respondent at his expense. without waiting for the conclusion of the investigation, the judge
may issue a warrant of arrest if he finds after an examination in
Objects as evidence need not be furnished a party but shall be made
writing and under oath of the complainant and his witnesses in the
available for examination, copying, or photographing at the expense
form of searching question and answers, that a probable cause exists
of the requesting party.
and that there is a necessity of placing the respondent under
(c) Within ten (10) days from receipt of the subpoena with the immediate custody in order not to frustrate the ends of justice.
complaint and supporting affidavits and documents, the respondent
(c) When warrant of arrest not necessary. — A warrant of arrest
shall submit his counter-affidavit and that of his witnesses and other
shall not issue if the accused is already under detention pursuant to a
supporting documents relied upon for his defense. The counter-
warrant issued by the municipal trial court in accordance with
affidavits shall be subscribed and sworn to and certified as provided
paragraph (b) of this section, or if the complaint or information was
in paragraph (a) of this section, with copies thereof furnished by him
filed pursuant to section 7 of this Rule or is for an offense penalized
to the complainant. The respondent shall not be allowed to file a
by fine only. The court shall then proceed in the exercise of its
motion to dismiss in lieu of a counter-affidavit.
original jurisdiction. (6a)
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does
Section 7. When accused lawfully arrested without warrant. —
not submit counter-affidavits within the ten (10) day period, the
When a person is lawfully arrested without a warrant involving an
investigating officer shall resolve the complaint based on the
offense which requires a preliminary investigation, the complaint or
evidence presented by the complainant.
information may be filed by a prosecutor without need of such
(e) The investigating officer may set a hearing if there are facts and investigation provided an inquest has been conducted in accordance
issues to be clarified from a party or a witness. The parties can be with existing rules. In the absence or unavailability of an inquest
present at the hearing but without the right to examine or cross- prosecutor, the complaint may be filed by the offended party or a
examine. They may, however, submit to the investigating officer peace office directly with the proper court on the basis of the
questions which may be asked to the party or witness concerned. affidavit of the offended party or arresting officer or person.

The hearing shall be held within ten (10) days from submission of Before the complaint or information is filed, the person arrested may
the counter-affidavits and other documents or from the expiration of ask for a preliminary investigation in accordance with this Rule, but
the period for their submission. It shall be terminated within five (5) he must sign a waiver of the provisions of Article 125 of the Revised
days. Penal Code, as amended, in the presence of his counsel.
Notwithstanding the waiver, he may apply for bail and the
(f) Within ten (10) days after the investigation, the investigating investigation must be terminated within fifteen (15) days from its
officer shall determine whether or not there is sufficient ground to inception.
hold the respondent for trial. (3a)
After the filing of the complaint or information in court without a
Section 6. When warrant of arrest may issue. — (a) By the Regional preliminary investigation, the accused may, within five (5) days from
Trial Court. — Within ten (10) days from the filing of the complaint the time he learns of its filing, ask for a preliminary investigation
or information, the judge shall personally evaluate the resolution of with the same right to adduce evidence in his defense as provided in
the prosecutor and its supporting evidence. He may immediately this Rule. (7a; sec. 2, R.A. No. 7438)
dismiss the case if the evidence on record clearly fails to establish
probable cause. If he finds probable cause, he shall issue a warrant Section 9. Cases not requiring a preliminary investigation nor
of arrest, or a commitment order if the accused has already been covered by the Rule on Summary Procedure. —
arrested pursuant to a warrant issued by the judge who conducted the
(a) If filed with the prosecutor. — If the complaint is filed directly
preliminary investigation or when the complaint or information was
with the prosecutor involving an offense punishable by
filed pursuant to section 7 of this Rule. In case of doubt on the
imprisonment of less four (4) years, two (2) months and one (1) day,
existence of probable cause, the judge may order the prosecutor to
the procedure outlined in section 3(a) of this Rule shall be observed.
present additional evidence within five (5) days from notice and the
The prosecutor shall act on the complaint based on the affidavits and
issue must be resolved by the court within thirty (30) days from the
other supporting documents submitted by the complainant within ten
filing of the complaint of information.
(10) days from its filing.
(b) By the Municipal Trial Court. — When required pursuant to the
second paragraph of section 1 of this Rule, the preliminary
(b) If filed with the Municipal Trial Court. — If the complaint or by the trial court despite the filing of a notice of appeal, provided it
information is filed directly with the Municipal Trial Court or has not transmitted the original record to the appellate court.
Municipal Circuit Trial Court for an offense covered by this section, However, if the decision of the trial court convicting the accused
the procedure in section 3(a) of this Rule shall be observed. If within changed the nature of the offense from non-bailable to bailable, the
ten (10) days after the filing of the complaint or information, the application for bail can only be filed with and resolved by the
judge finds no probable cause after personally evaluating the appellate court.
evidence, or after personally examining in writing and under oath the
complainant and his witnesses in the form of searching question and Should the court grant the application, the accused may be allowed
answers, he shall dismiss the same. He may, however, require the to continue on provisional liberty during the pendency of the appeal
submission of additional evidence, within ten (10) days from notice, under the same bail subject to the consent of the bondsman.
to determine further the existence of probable cause. If the judge still
If the penalty imposed by the trial court is imprisonment exceeding
finds no probable cause despite the additional evidence, he shall,
six (6) years, the accused shall be denied bail, or his bail shall be
within ten (10) days from its submission or expiration of said period,
cancelled upon a showing by the prosecution, with notice to the
dismiss the case. When he finds probable cause, he shall issue a
accused, of the following or other similar circumstances:
warrant of arrest, or a commitment order if the accused had already
been arrested, and hold him for trial. However, if the judge is (a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or
satisfied that there is no necessity for placing the accused under has committed the crime aggravated by the circumstance of
custody, he may issue summons instead of a warrant of arrest. (9a) reiteration;
RULE 114 (b) That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid
Bail
justification;
Section 1. Bail defined. — Bail is the security given for the release
(c) That he committed the offense while under probation, parole, or
of a person in custody of the law, furnished by him or a bondsman,
conditional pardon;
to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form of (d) That the circumstances of his case indicate the probability of
corporate surety, property bond, cash deposit, or recognizance. (1a) flight if released on bail; or
Section 2. Conditions of the bail; requirements. — All kinds of bail (e) That there is undue risk that he may commit another crime during
are subject to the following conditions: the pendency of the appeal.
(a) The undertaking shall be effective upon approval, and unless The appellate court may, motu proprio or on motion of any party,
cancelled, shall remain in force at all stages of the case until review the resolution of the Regional Trial Court after notice to the
promulgation of the judgment of the Regional Trial Court, adverse party in either case. (5a)
irrespective of whether the case was originally filed in or appealed
to it; Section 6. Capital offense defined. — A capital offense is an offense
which, under the law existing at the time of its commission and of
(b) The accused shall appear before the proper court whenever the application for admission to bail, may be punished with death.
required by the court of these Rules; (6a)
(c) The failure of the accused to appear at the trial without Section 8. Burden of proof in bail application. — At the hearing of
justification and despite due notice shall be deemed a waiver of his an application for bail filed by a person who is in custody for the
right to be present thereat. In such case, the trial may proceed commission of an offense punishable by death, reclusion perpetua,
in absentia; and or life imprisonment, the prosecution has the burden of showing that
evidence of guilt is strong. The evidence presented during the bail
(d) The bondsman shall surrender the accused to the court for
hearing shall be considered automatically reproduced at the trial, but
execution of the final judgment.
upon motion of either party, the court may recall any witness for
The original papers shall state the full name and address of the additional examination unless the latter is dead, outside the
accused, the amount of the undertaking and the conditions herein Philippines, or otherwise unable to testify. (8a)
required. Photographs (passport size) taken within the last six (6)
Section 9. Amount of bail; guidelines. — The judge who issued the
months showing the face, left and right profiles of the accused must
warrant or granted the application shall fix a reasonable amount of
be attached to the bail. (2a)
bail considering primarily, but not limited to, the following factors:
Section 3. No release or transfer except on court order or bail. —
(a) Financial ability of the accused to give bail;
No person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted to (b) Nature and circumstances of the offense;
bail. (3a)
(c) Penalty for the offense charged;
Section 5. Bail, when discretionary. — Upon conviction by the
Regional Trial Court of an offense not punishable by (d) Character and reputation of the accused;
death, reclusion perpetua, or life imprisonment, admission to bail is
(e) Age and health of the accused;
discretionary. The application for bail may be filed and acted upon
(f) Weight of the evidence against the accused; Section 19. Release on bail. — The accused must be discharged
upon approval of the bail by the judge with whom it was filed in
(g) Probability of the accused appearing at the trial; accordance with section 17 of this Rule.
(h) Forfeiture of other bail; Whenever bail is filed with a court other than where the case is
pending, the judge who accepted the bail shall forward it, together
(i) The fact that accused was a fugitive from justice when arrested;
with the order of release and other supporting papers, to the court
and
where the case is pending, which may, for good reason, require a
(j) Pendency of other cases where the accused is on bail. different one to be filed. (19a)

Excessive bail shall not be required. (9a) Section 20. Increase or reduction of bail. — After the accused is
admitted to bail, the court may, upon good cause, either increase or
Section 14. Deposit of cash as bail. — The accused or any person reduce its amount. When increased, the accused may be committed
acting in his behalf may deposit in cash with the nearest collector or to custody if he does not give bail in the increased amount within a
internal revenue or provincial, city, or municipal treasurer the reasonable period. An accused held to answer a criminal charge, who
amount of bail fixed by the court, or recommended by the prosecutor is released without bail upon filing of the complaint or information,
who investigated or filed the case. Upon submission of a proper may, at any subsequent stage of the proceedings and whenever a
certificate of deposit and a written undertaking showing compliance strong showing of guilt appears to the court, be required to give bail
with the requirements of section 2 of this Rule, the accused shall be in the amount fixed, or in lieu thereof, committed to custody. (20a)
discharged from custody. The money deposited shall be considered
as bail and applied to the payment of fine and costs while the excess, Section 22. Cancellation of bail. — Upon application of the
if any, shall be returned to the accused or to whoever made the bondsmen, with due notice to the prosecutor, the bail may be
deposit. (14a) cancelled upon surrender of the accused or proof of his death.

Section 15. Recognizance. — Whenever allowed by law or these The bail shall be deemed automatically cancelled upon acquittal of
Rules, the court may release a person in custody to his own the accused, dismissal of the case, or execution of the judgment of
recognizance or that of a responsible person. (15a) conviction.

Section 16. Bail, when not required; reduced bail or recognizance. In all instances, the cancellation shall be without prejudice to any
— No bail shall be required when the law or these Rules so provide. liability on the bond. (22a)

When a person has been in custody for a period equal to or more than Section 23. Arrest of accused out on bail. — For the purpose of
the possible maximum imprisonment prescribe for the offense surrendering the accused, the bondsmen may arrest him or, upon
charged, he shall be released immediately, without prejudice to the written authority endorsed on a certified copy of the undertaking,
continuation of the trial or the proceedings on appeal. If the cause him to be arrested by a police officer or any other person of
maximum penalty to which the accused may be sentenced suitable age and discretion.
is destierro, he shall be released after thirty (30) days of preventive
An accused released on bail may be re-arrested without the necessity
imprisonment.
of a warrant if he attempts to depart from the Philippines without
A person in custody for a period equal to or more than the minimum permission of the court where the case is pending. (23a)
of the principal penalty prescribed for the offense charged, without
Section 24. No bail after final judgment; exception. — No bail shall
application of the Indeterminate Sentence Law or any modifying
be allowed after the judgment of conviction has become final. If
circumstance, shall be released on a reduced bail or on his own
before such finality, the accused has applies for probation, he may
recognizance, at the discretion of the court. (16a)
be allowed temporary liberty under his bail. When no bail was filed
Section 17. Bail, where filed. — (a) Bail in the amount fixed may be or the accused is incapable of filing one, the court may allow his
filed with the court where the case is pending, or in the absence or release on recognizance to the custody of a responsible member of
unavailability of the judge thereof, with any regional trial judge, the community. In no case shall bail be allowed after the accused has
metropolitan trial judge, municipal trial judge, or municipal circuit commenced to serve sentence. (24a)
trial judge in the province, city, or municipality. If the accused is
Section 26. Bail not a bar to objections on illegal arrest, lack of or
arrested in a province, city, or municipality other than where the case
irregular preliminary investigation. — An application for or
is pending, bail may also be filed with any regional trial court of said
admission to bail shall not bar the accused from challenging the
place, or if no judge thereof is available, with any metropolitan trial
validity of his arrest or the legality of the warrant issued therefor, or
judge, municipal trial judge, or municipal circuit trial judge therein.
from assailing the regularity or questioning the absence of a
(b) Where the grant of bail is a matter of discretion, or the accused preliminary investigation of the charge against him, provided that he
seeks to be released on recognizance, the application may only be raises them before entering his plea. The court shall resolve the
filed in the court where the case is pending, whether on preliminary matter as early as practicable but not later than the start of the trial
investigation, trial, or on appeal. of the case. (n)

(c) Any person in custody who is not yet charged in court may apply
for bail with any court in the province, city, or municipality where
he is held. (17a)