Crimp Roc

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CRIMINAL PROCEDURE

Criminal Jurisdiction

Criminal Jurisdiction – – popowwer of er of ththee State to try and punish a person for a State to try and punish a person for a violation of its penal laws.

violation of its penal laws.

REQUISITES FOR A VALID EERCISE OF REQUISITES FOR A VALID EERCISE OF CRIMINAL JURISDICTION!

CRIMINAL JURISDICTION! 1

1.. TThhe e ooffffeennsse, e, bby y vviirrtutue e oof f tthhee imposable penalty OR its nature, imposable penalty OR its nature, is one which the court is by law is one which the court is by law aut

authorhorizeized d to to taktake e coconiznizancancee o

off, , !!""uurriissddiiccttiioon n oovveer r tthhee S#$%&'T ()TT&R*.

S#$%&'T ()TT&R*. +

+.. TThhe e ooffffeennsse e mmuusst t hhaavve e bbeeeenn comm

committed itted withwithin in its its territerritoriatoriall "ur

"urisdisdictictionion, , !"u!"urisrisdicdictiotion n oveoverr the T&RRTOR-*.

the T&RRTOR-*. 

.. TThhe e ppererssoon n cchhaarred ed wwiitth h tthhee offense must have been brouht offense must have been brouht to its presence for trial, forcibly to its presence for trial, forcibly by warrant of arrest or upon his by warrant of arrest or upon his vo

voluluntntarary y susubmbmisissision on to to ththee co

coururt, t, !"!"ururisisdidictctioion n ovover er ththee /&RSO0 O T2&

/&RSO0 O T2& )''#S&3*.)''#S&3*. JURISDICTION JURISDICTION OVER T"E OVER T"E SU#JECT MATTER SU#JECT MATTER JURISDICTION JURISDICTION

OVER T"E PERSON

OF T"E ACCUSED

3erived from the 3erived from the law. t can never be law. t can never be ac4uired solely by ac4uired solely by consent of the consent of the accused. accused. (ay be ac4uired by (ay be ac4uired by consent of the consent of the accused or by waiver accused or by waiver of ob"ections. of ob"ections. Ob"ection that the

Ob"ection that the court has no court has no "urisdiction of the "urisdiction of the sub"ect matter may sub"ect matter may be made at any stae be made at any stae of the proceedin, of the proceedin, and the riht to and the riht to make such ob"ection make such ob"ection

is never waived. is never waived.

f he fails to make his f he fails to make his ob"ection in time, he ob"ection in time, he will be deemed to will be deemed to have waived it. have waived it.

D

DEETTEERRMMIINNAATTIIOON N OOF F CCRRIIMMIINNAALL JURISDICTION!

JURISDICTION!

1

1..3eter3etermined by mined by the the alleaalleations intions in the complaint or information not the complaint or information not by the results of proof or by the by the results of proof or by the trial court5s appreciation of the trial court5s appreciation of the evidence presented.

evidence presented.

2.

2. _3eterm_3et_ermine_ined_{d by}_{by the}_{the law in}_{law in for}_force_ce

at the time of the institution of at the time of the institution of tthhe e ccrriimmiinnaal l accttiioa onn. . OO00''&& 6

6&&SSTT&&33, , T T ')')0000OOT T $$&& 7T23R)70 $-8

7T23R)70 $-8 a*

a* susubsbse4e4ueuent vant valilid amed amendndmementnt of the information9 or

of the information9 or b

b** a a ssuubbssee44uueennt t ssttaattuuttoorryy ame

amendmndment of ent of the rules of the rules of "u

"uririsdsdicictitionon, , #0#0:&:&SS SS ththee am

amenendadatotory ry lalaw w prprovovidideses otherwise. otherwise. RULE $$% RULE $$% PROSECUTION OF OFFENSES PROSECUTION OF OFFENSES S&

S&ctctioion n $' $' InInststititututioion n o( o( crcrimimininalal actions'

actions' F

Foor r o(o((&(&nsns&s &s )*)*&r&r& & a a +r+r&l&limimininarar,, in-&sti.ation is r&/uir&d

in-&sti.ation is r&/uir&d ; by filin the ; by filin the complaint with the proper officer for the complaint with the proper officer for the pu

purprposose e of of cocondnducuctitin n ththe e rere4u4uisisititee preliminary investiation.

preliminary investiation.

/reliminary investiation is R&<#R&3 for /reliminary investiation is R&<#R&3 for offenses where the penalty prescribed by offenses where the penalty prescribed by law is at least = years, + months and law is at least = years, + months and 1day without reard to fine !Rule 11+, 1day without reard to fine !Rule 11+, Sec. 1 /ar.+*.

Sec. 1 /ar.+*. Fo

For r all all ot*ot*&r &r o((o((&ns&ns&s&s ; by filin the ; by filin the compl

complaint aint or or inforinformatiomation n direcdirectly tly withwith the (unicipal Trial 'ourts and (unicipal the (unicipal Trial 'ourts and (unicipal 'ir

'ircuicuit t TTrrial ial 'ou'ourtsrts, , or or the the comcomplaplaintint with the office of the prosecutor.

with the office of the prosecutor. DOES NOT APPL0

DOES NOT APPL0 to offenses which are to offenses which are sub"ect to summary procedure.

sub"ect to summary procedure. E((

E((&ct &ct o( o( insinstittitutiution on o( o( t*& t*& cricriminminalal action!

action!

t interrupts the runnin of the period of t interrupts the runnin of the period of pr

presescrcripiptition on of of ththe e ofoffefensnse e chcharareded un

unlesless s ototheherwrwisise e prprovovidided ed by by spspececiaiall laws.

laws.

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REMEDIALEMEDIAL L LAWAW C COMMITTEEOMMITTEE C

CHAIRPERSONHAIRPERSON:: Jinky Jinky Ann Ann Uy Uy AASSTSST. C. CHAIRPERSONSHAIRPERSONS: Allen : Allen Fariñas, Fariñas, Maricris Oronea Maricris Oronea EPEPSS : : Mar!essa N"ylan, C#arissi$aMar!essa N"ylan, C#arissi$aee %e

%en!"ra, n!"ra, Jocelyn Jocelyn &a'ala &a'ala SSU(JECTU(JECTHHEASEAS:: Jona O'iña )Ci*il Proce+Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ions an+ S/ecial

S/ecial

Procee+in0s- Jeenice +e Sa0"n

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EMORY EMORY

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IDID ININ

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EMEDIALEMEDIAL

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R&m&di&s o( t*& o((&nd&d +art, i( t*& R&m&di&s o( t*& o((&nd&d +art, i( t*& +

+rrooss&&ccuuttoor r rr&&((uuss&&s s tto o ((iill& & aann in(ormation!

in(ormation! 1.

1. fifile an acle an actition foon for manr mandadamumus, ins, in ccaasse e oof f rraavve e aabbuusse e oof f discretion9

discretion9 +.

+. lolodde e a a nnew coew compmplalaiint nt bbefefoorere the court havin "urisdiction over the court havin "urisdiction over the offense9

the offense9 

.. ttaakke e uup p tthhe e mmaatttteer r wwiitth h tthhee SSeeccrreettaarry y oof f %%uussttiicce e iinn a

accccoorrddaanncce e wwiitth h tthhe e RReevv.. )dministrative 'ode9

)dministrative 'ode9 =

=.. iinnssttiittuutte e aan n aaddmmiinniissttrraattiivvee cchhaarrees s aaaaiinnsst t tthhe e eerrrriinn prosecutor9 and

prosecutor9 and >.

>. fifile le crcrimimininal al acactition aaon aaininst thest the p

prroosseeccuuttoor r wwiitth h tthhee cor

corresresponpondindin  civcivil il actaction ion forfor damaes.

damaes. Ma

Ma, , InIn1u1uncnctition on IsIsssu& u& tto o RR&s&strtraainin Criminal Pros&cution2

Criminal Pros&cution2 3ENER

3ENERAL AL RULERULE!! 'rimi'riminal nal proseprosecutiocutionsns ma

may y 0O0OT T be be rereststrarainined ed or or ststayayed ed byby in

in"u"uncnctitionon, , prprelielimiminanary ry or or fifinanal. l. ThThee rea

reason son beibein, n, pubpublic lic intintereerest st re4re4uiruireses th

that at crcrimimininal al acacts ts be be imimmemedidiatatelelyy in

inveveststiiatated ed anand d prprososececututed ed fofor r ththee pro

protectectiotion n of of the societhe society ty !!DominDomingo go vs.vs. Sandiganbayan, 322 SCRA 655

Sandiganbayan, 322 SCRA 655*.*. ECEPTIONS!

ECEPTIONS! 1.

1. TTo ao affofford adrd ade4ue4uate prate proteotectiction to ton to thehe constitutional rihts of the accused9 constitutional rihts of the accused9 +

+.. 77hheen n nnececesesssaarry y ffoor r tthhe e oorrddererlyly administration of "ustice or to avoid administration of "ustice or to avoid oppression or multiplicity of actions9 oppression or multiplicity of actions9 .

. 7h7hen theen there is a re is a prpre"e"ududiciciaial 4uesl 4uestitionon which is sub"udice9

which is sub"udice9 =

=.. 77hheen n tthhe e aacctts s oof f tthhe e ooffffiicceer r aarree without or in e?cess of authority9 without or in e?cess of authority9 >.

>. 7h7hen then the e prprososececututioion n is unis undeder r anan invalid law, ordinanc

invalid law, ordinance or e or reulation9reulation9 @

@.. 77hheen n ddoouublble e ""eoeopparardy dy iis s cclleeaarrlyly apparent9

apparent9 A.

A. 7h7hen then the coue court hart had no "urd no "urisisdidictctioionn over the offense9

over the offense9 B

B.. 77hheen n iit t iis s a a ccaasse e oof f ppeerrssececuuttiioonn rather than prosecution9

rather than prosecution9 C

C.. 7h7hen en tthe he chchararees s aare re mmananififesestltlyy fa

falslse e anand d momotitivavateted d by by lulust st foforr veneance9 and

veneance9 and 1D.

1D. 7hen th7hen there is cleaere is clearly no prirly no prima facima faciee ca

casse e aaaaininsst t ththe e acaccucusesed d anand d aa

motion to 4uash on that round has motion to 4uash on that round has been denied.

been denied. S&c

S&ctiotion n 4' 4' FoForm rm o( o( t*& com+lat*& com+laint orint or in(ormation' in(ormation' FORM FORM 1 1.. n wn wrriittiinn99 +.

+. n tn the nhe namame of the of the /ee /eopople ole of thf thee /hilippin

/hilippines9 es9 andand .

. ))aiainsnst t alall l pepersrsonons s whwho o apappepearar to be responsible for the offense to be responsible for the offense involved.

involved.

S&ction 5' Com+laint d&(in&d' S&ction 5' Com+laint d&(in&d' )

) Com+laintCom+laint is8 is8 1.

1. a swa swororn wrn writitteten stn statatememenent9t9 +

+.. cchhaarriinn  a a ppeerrssoon n wwiitth h aann offense9

offense9 

.. ssuubbssccrriibbeed d bby y tthhe e ooffffeennddeedd party, any peace officer or other party, any peace officer or other public officer chared with the public officer chared with the enforcement of the law violated. enforcement of the law violated. The complaint mentioned in this section The complaint mentioned in this section re

refefers rs to to onone e fifileled d in in cocoururt t fofor r ththee ccoommmmeenncceemmeennt t oof f a a ccrriimmiinnaall pr

prososececututioion n fofor r viviololatatioion n of of a a crcrimime,e, usu

usually ally coconiznizablable e by by munmuniciicipal pal tritrialal courts as well as to a complaint filed by courts as well as to a complaint filed by an offended party in private crimes or an offended party in private crimes or tho

those se whwhich ich cancannot not be be proprosecsecuteuted d dede officio.

officio.

REQUISITES OF A COMPLAINT! REQUISITES OF A COMPLAINT!

1.

1. it mit musust be in wrt be in writitinin an and und undederr oath9

oath9 +

+.. iit t mmuusst be in tht be in the e nnaamme e oof thf thee /eople of the /hilippines9

/eople of the /hilippines9 .

. it mit musust cht charare a pee a persrson won witith anh an offense9 and

offense9 and =

=.. iit t mmuusst t bbe e ssuubsbsccrriibbeed d bby y tthhee of

offenfended ded parpartyty, , by by anany y peapeacece officer or public officer chared officer or public officer chared with the enforcement of the law with the enforcement of the law violated.

violated. PERSONS 6"O CAN

PERSONS 6"O CAN FILE A COMPLAINTFILE A COMPLAINT 1.

1. OfOffefendnded ped parartyty +.

+. )n)ny py peaeace ce ofoffificecerr .

. OthOther per publublic ic offofficeicer cr charhared ed witwithh tthe he enenffororcecemement nt oof f ththe e lalaww violated

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R&m&di&s o( t*& o((&nd&d +art, i( t*& R&m&di&s o( t*& o((&nd&d +art, i( t*& +

+rrooss&&ccuuttoor r rr&&((uuss&&s s tto o ((iill& & aann in(ormation!

in(ormation! 1.

1. fifile an acle an actition foon for manr mandadamumus, ins, in ccaasse e oof f rraavve e aabbuusse e oof f discretion9

discretion9 +.

+. lolodde e a a nnew coew compmplalaiint nt bbefefoorere the court havin "urisdiction over the court havin "urisdiction over the offense9

the offense9 

.. ttaakke e uup p tthhe e mmaatttteer r wwiitth h tthhee SSeeccrreettaarry y oof f %%uussttiicce e iinn a

accccoorrddaanncce e wwiitth h tthhe e RReevv.. )dministrative 'ode9

)dministrative 'ode9 =

=.. iinnssttiittuutte e aan n aaddmmiinniissttrraattiivvee cchhaarrees s aaaaiinnsst t tthhe e eerrrriinn prosecutor9 and

prosecutor9 and >.

>. fifile le crcrimimininal al acactition aaon aaininst thest the p

prroosseeccuuttoor r wwiitth h tthhee cor

corresresponpondindin  civcivil il actaction ion forfor damaes.

damaes. Ma

Ma, , InIn1u1uncnctition on IsIsssu& u& tto o RR&s&strtraainin Criminal Pros&cution2

Criminal Pros&cution2 3ENER

3ENERAL AL RULERULE!! 'rimi'riminal nal proseprosecutiocutionsns ma

may y 0O0OT T be be rereststrarainined ed or or ststayayed ed byby in

in"u"uncnctitionon, , prprelielimiminanary ry or or fifinanal. l. ThThee rea

reason son beibein, n, pubpublic lic intintereerest st re4re4uiruireses th

that at crcrimimininal al acacts ts be be imimmemedidiatatelelyy in

inveveststiiatated ed anand d prprososececututed ed fofor r ththee pro

protectectiotion n of of the societhe society ty !!DominDomingo go vs.vs. Sandiganbayan, 322 SCRA 655

Sandiganbayan, 322 SCRA 655*.*. ECEPTIONS!

ECEPTIONS! 1.

1. TTo ao affofford adrd ade4ue4uate prate proteotectiction to ton to thehe constitutional rihts of the accused9 constitutional rihts of the accused9 +

+.. 77hheen n nnececesesssaarry y ffoor r tthhe e oorrddererlyly administration of "ustice or to avoid administration of "ustice or to avoid oppression or multiplicity of actions9 oppression or multiplicity of actions9 .

. 7h7hen theen there is a re is a prpre"e"ududiciciaial 4uesl 4uestitionon which is sub"udice9

which is sub"udice9 =

=.. 77hheen n tthhe e aacctts s oof f tthhe e ooffffiicceer r aarree without or in e?cess of authority9 without or in e?cess of authority9 >.

>. 7h7hen then the e prprososececututioion n is unis undeder r anan invalid law, ordinanc

invalid law, ordinance or e or reulation9reulation9 @

@.. 77hheen n ddoouublble e ""eoeopparardy dy iis s cclleeaarrlyly apparent9

apparent9 A.

A. 7h7hen then the coue court hart had no "urd no "urisisdidictctioionn over the offense9

over the offense9 B

B.. 77hheen n iit t iis s a a ccaasse e oof f ppeerrssececuuttiioonn rather than prosecution9

rather than prosecution9 C

C.. 7h7hen en tthe he chchararees s aare re mmananififesestltlyy fa

falslse e anand d momotitivavateted d by by lulust st foforr veneance9 and

veneance9 and 1D.

1D. 7hen th7hen there is cleaere is clearly no prirly no prima facima faciee ca

casse e aaaaininsst t ththe e acaccucusesed d anand d aa

motion to 4uash on that round has motion to 4uash on that round has been denied.

been denied. S&c

S&ctiotion n 4' 4' FoForm rm o( o( t*& com+lat*& com+laint orint or in(ormation' in(ormation' FORM FORM 1 1.. n wn wrriittiinn99 +.

+. n tn the nhe namame of the of the /ee /eopople ole of thf thee /hilippin

/hilippines9 es9 andand .

. ))aiainsnst t alall l pepersrsonons s whwho o apappepearar to be responsible for the offense to be responsible for the offense involved.

involved.

S&ction 5' Com+laint d&(in&d' S&ction 5' Com+laint d&(in&d' )

) Com+laintCom+laint is8 is8 1.

1. a swa swororn wrn writitteten stn statatememenent9t9 +

offense9 

.. ssuubbssccrriibbeed d bby y tthhe e ooffffeennddeedd party, any peace officer or other party, any peace officer or other public officer chared with the public officer chared with the enforcement of the law violated. enforcement of the law violated. The complaint mentioned in this section The complaint mentioned in this section re

refefers rs to to onone e fifileled d in in cocoururt t fofor r ththee ccoommmmeenncceemmeennt t oof f a a ccrriimmiinnaall pr

prososececututioion n fofor r viviololatatioion n of of a a crcrimime,e, usu

usually ally coconiznizablable e by by munmuniciicipal pal tritrialal courts as well as to a complaint filed by courts as well as to a complaint filed by an offended party in private crimes or an offended party in private crimes or tho

those se whwhich ich cancannot not be be proprosecsecuteuted d dede officio.

officio.

REQUISITES OF A COMPLAINT! REQUISITES OF A COMPLAINT!

1.

1. it mit musust be in wrt be in writitinin an and und undederr oath9

oath9 +

+.. iit t mmuusst be in tht be in the e nnaamme e oof thf thee /eople of the /hilippines9

/eople of the /hilippines9 .

. it mit musust cht charare a pee a persrson won witith anh an offense9 and

offense9 and =

=.. iit t mmuusst t bbe e ssuubsbsccrriibbeed d bby y tthhee of

offenfended ded parpartyty, , by by anany y peapeacece officer or public officer chared officer or public officer chared with the enforcement of the law with the enforcement of the law violated.

violated. PERSONS 6"O CAN

PERSONS 6"O CAN FILE A COMPLAINTFILE A COMPLAINT 1.

1. OfOffefendnded ped parartyty +.

+. )n)ny py peaeace ce ofoffificecerr .

. OthOther per publublic ic offofficeicer cr charhared ed witwithh tthe he enenffororcecemement nt oof f ththe e lalaww violated

violated

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S/ecial

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EMORY EMORY

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e?. nternal Revenue Officer for e?. nternal Revenue Officer for vi

viololatatioion n of of ththe e 00R', R', cucuststomom aents with respect to violations aents with respect to violations of the Tariff and 'ustoms 'ode of the Tariff and 'ustoms 'ode S&ction 7' In(ormation d&(in&d'

S&ction 7' In(ormation d&(in&d' )n

)n In(ormationIn(ormation is8 is8 1.

1. an aan accccususatatioion in wrn in writitinin99 +

offense9 .

. subsubscrscribeibed by d by the the proprosecsecutoutor ar andnd filed with the court.

filed with the court. REQUISITES OF AN INFORMATION REQUISITES OF AN INFORMATION

1.

1. it it mumust st be be in in wrwrititinin99 +.

+. it mit musust cht charare a pe a perersoson win with ath ann offense9

offense9 

.. iit t mmuusst t bbe e ssuubbssccrriibbeed d by thby thee fiscal9 and

fiscal9 and =.

=. it it mumust bst be fie filed led in in cocoururt.t. C

COOMMPPLLAAIINNTT IINNFFOORRMMAATTIIOONN

Subscribed by the Subscribed by the offended party, any offended party, any peace officer or other peace officer or other officer chared with officer chared with the enforcement of the enforcement of

the law violated the law violated

Subscribed by the Subscribed by the fiscal fiscal !indispensable !indispensable re4uirement* re4uirement*

it may be filed either it may be filed either in court or in the in court or in the prosecutor5s office prosecutor5s office

it is filed with the it is filed with the

court court must be made under

must be made under oath

oath

need not be under need not be under

oath oath

 /r/rososececututioion n in in ththe e RTRT' ' arare e alalwawaysys commenced by

commenced by information, &E'&/T8information, &E'&/T8 1.

1. in cin certertain ain cricrimes mes aaaainsinst cht chastastityity !!ccoonnccuubbiinnaaee, , aadduulltteerryy,, se

seduductctioion, n, ababduductctioion, n, acacts ts of of lasciviousness*9 and

lasciviousness*9 and +.

+. defdefamamatatioions imns impuputitin ann any of thy of thee af

afororesesaiaid d ofoffenfenseses s whwherereiein n aa sswwororn n wwriritttten en cocompmplalainint t isis re

re4u4uirired ed in in acaccocordrdanance ce wiwithth section > of this Rule.

section > of this Rule. S

S&&ccttiioon n 88' ' 66**o o mmuusst t ++rrooss&&ccuut&t& criminal actions'

criminal actions' FU

FULL LL DISDISCRCRETIETION ON ANAND D COCONTRNTROL OL OFOF T"E PROSECUTOR

T"E PROSECUTOR )l

)ll l crcrimimininal al acactitionons s cocommmmenenceced d by by aa co

compmplalaiint nt oor r iinfnforormmatatioion n shshalall l bbee

pr

prososececututed ed unundeder r ththe e didirerectctioion n anandd control of the

control of the prosecutorprosecutor.. )

) //RR66))TT& & //RROOSS&&''##TTOOR R mmaay y bbee authorized to prosecute a criminal action authorized to prosecute a criminal action sub"ect to the followin conditions8 sub"ect to the followin conditions8

1

1.. tthhe e ppuubblliic c pprroosseeccuuttoor r hhaas s aa heavy work schedul

heavy work schedule, or e, or there isthere is no public prosecutor assined in no public prosecutor assined in the province or city9

the province or city9 +

+.. tthhe e pprriivvaatte e pprroosseeccuuttoor r iiss au

auththororizized ed 0 0 7R7RTT00F F by by ththee Reional State /rosecutor !RS/*, Reional State /rosecutor !RS/*, /rovin

/rovincial or cial or 'ity /rosecutor9'ity /rosecutor9 

.. tthhe e aauutthhoorriitty y oof f tthhe e pprriivvaattee prosecutor must be approved by prosecutor must be approved by the court9

the court9 =

=.. tthhe e prpriivvaatte e pprroosseeccuuttoor r sshhaallll cont

continue to inue to proseprosecute the cute the casecase until the end of the trial unless until the end of the trial unless th

the e auauththororitity y is is wiwiththdrdrawawn n oror oth

otherwerwise ise revrevokeoked d by by the the RS/RS/,, /rovin

/rovincial or cial or 'ity /rosecutor9 and'ity /rosecutor9 and >

>.. n n ccaasse e oof f tthhe e wwiitthhddrraawwaal l oorr rev

revocaocatiotion n of of the the autauthorhority ity of of the private prosecutor, the same the private prosecutor, the same must be approved by court. must be approved by court. !(

!(ememo o 'ir'irc. c. 0o0o. . +>+>, , )p)priril l +@+@,, +DD+

+DD+, , ReReardinardin  )me)mendment ndment toto Sec. >, Rule 11D*

Sec. >, Rule 11D*

n appeals before the ') and the S', it is n appeals before the ') and the S', it is o

onlnly y tthe he SSololicicititor or FeFennereraal l ththat at isis authorized to brin and defend

authorized to brin and defend actions inactions in behalf of the /eople of the /hilippines behalf of the /eople of the /hilippines !!People vs. Nano, 205 People vs. Nano, 205 SCRA 155SCRA 155*.*.

n n aalll l ccaassees s ellee evvaatteed d tto o tthhee SSaannddiiaannbbaayyaan n aannd d ffrroom m tthhee Sandianbayan to the S', the Office of Sandianbayan to the S', the Office of th

the e OmOmbubudsdsmaman, n, ththrorouuh h itits s SpSpececiaiall /rosecutor shall represent the /eople of /rosecutor shall represent the /eople of the

the /h/hiliilippippinesnes, , &E'&E'&/T &/T in in cascases es filfileded purs

pursuant to &.O. 0os. 1, uant to &.O. 0os. 1, +, 1= +, 1= and 1=;),and 1=;), issued in 1CB@ !Sec.

issued in 1CB@ !Sec. =, R) B+=C*.=, R) B+=C*. PR

PROSOSECECUTUTIOION N OF OF CRCRIMIMES ES AA3A3AININSTST C"ASTIT0

C"ASTIT0

6"O MA0 PROSECUTE 6"O MA0 PROSECUTE 1.

1. Concubinage and adultery Concubinage and adultery – only by – only by the offended spouse who should the offended spouse who should have the status,

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representation at the time of filin representation at the time of filin of the complaint, reardless of ae9 of the complaint, reardless of ae9 +.

+. SeductSeduction, Abductioion, Abduction n and Acts and Acts of of Lasciviousness

Lasciviousness – – pprroosseeccuutteedd e?clus

e?clusively and ively and succsuccessivessively ely by by thethe followin persons in this order8

followin persons in this order8 a*

a* by by ththe e ofoffenfended ded wowomamann b*

b* by thby the pare parenentsts, ra, randndparparenents orts or lealG

lealG"udic"udicial ial uarduardians ians in in thatthat successive order

successive order c*

c* by thby the e SStatatte e in thin the e ee?e?errcicise of se of tthhe e rriihht t ooff parens parens pariaepariae,, when the offended party dies or when the offended party dies or bec

becomeomes s inincapcapaciacitattated ed befbeforeore she could file the complaint and she could file the complaint and sshhe e hhaas s nno o kknnoowwn n ppaarrenenttss,, randparents or uardian.

randparents or uardian. 

.. )) defamation imputing to a persondefamation imputing to a person an

any y of of ththe e foforeregogoiningg crcrimes of imes of conc

concubinaubinae, e, adultadulteryery, , seducseductiontion,, a

abbdduuccttiioonn, , rraappe e oor r aacctts s oof f las

lasciciviviouousnsnesess s cacan n be be prprososececututeded only by the party or parties defamed only by the party or parties defamed !)rticle @D, last par., Revised /enal !)rticle @D, last par., Revised /enal 'ode*.

'ode*.

f the offended party is of

f the offended party is of leal ae )03leal ae )03 does not suffer from physical or mental does not suffer from physical or mental di

dissababiililityty, , sshhe e alalonone e ccan an fifile le ththee complaint to the e?clusion of all

complaint to the e?clusion of all others.others. 6"O CAN 3IVE PARDON

6"O CAN 3IVE PARDON 1.

1. ConcuConcubinagbinage e and and adulteadultery ry ; onl; onlyy the offended spouse, not otherwise the offended spouse, not otherwise incapacitated, can validly e?tend the incapacitated, can validly e?tend the pa

pardrdon on or or coconsnsenent t cocontntememplplatateded therein.

therein. +.

+. Seduction, abduction, and acts of Seduction, abduction, and acts of lasciviousness

lasciviousness – – a

a** tthhe e ooffffeennddeed d mmiinnoorr, , iif f wwiitthh sufficient discretion, can validly sufficient discretion, can validly pardon the accused by herself if pardon the accused by herself if she has no parents or where the she has no parents or where the acc

accuseused d is is her own her own fatfather andher and her mother is dead9

her mother is dead9 b*

b* tthhe e ppaarrenenttss, , rraannddppararenentts s oorr uardian of the offended minor, uardian of the offended minor, in that order, ')00OT e?tend a in that order, ')00OT e?tend a va

valilid d ppararddon on in in ssaiaid d ccririmemess 7T2O#T the conformity of the 7T2O#T the conformity of the offended party, even if the latter offended party, even if the latter is a minor9

is a minor9 c*

c* if tif the ohe offffenended wded womoman ian is of as of aee and not otherwise incapacitated, and not otherwise incapacitated,

o

onlnly y shshe e cacan n e?e?tetennd d a a vvalalidid pardon.

pardon. Th

The e papardrdon on rerefefers rs to to papardrdon on $&$&OOR&R& filin of the criminal complaint in court. filin of the criminal complaint in court. /ardon effected after the filin of the /ardon effected after the filin of the complaint in court does 0OT prohibit the complaint in court does 0OT prohibit the con

contintinuanuance ce of of the the proprosecsecutiution on of of thethe of

offenfense se &E&E'&'&/T /T in in cacase se of of mamarrrriaiaee between the offender and the offended between the offender and the offended party.

party.

PARDON -s' CONSENT PARDON -s' CONSENT 'o

'onsnsenent t rerefefers rs to to fufututure re acactsts, , whwhililee pardon refers to past acts of adultery. pardon refers to past acts of adultery. The importance of this distinction is that The importance of this distinction is that consent, in order to absolve the accused consent, in order to absolve the accused fr

from om liliababililitityy, , is is susufffficicieient nt eveven en if if ra

rantented d onlonly y to to the the offoffendendin in spospouseuse,, wh

whereereas as parpardon must don must be be e?te?tendended ed toto both offenders

both offenders

The S#$S&<#&0T ()RR)F& between the The S#$S&<#&0T ()RR)F& between the o

offffeennddeed d ppaarrtty y aannd d tthhe e aaccccuusseedd e?tin

e?tinuishuishes es the criminal liabilitthe criminal liability y of of thethe la

latttterer, , totoeethther er wiwith th ththat at of of ththe e coco;; principals, accomplices and

principals, accomplices and accessories.accessories. ECEPT!

ECEPT! 1.

1. whwherere e ththe e mamarrrriaiae was inve was invalalidid or

or cocontntraractcted ed in in babad d fafaitith h inin order to escape

order to escape criminal liabilitycriminal liability,, +.

+. in in HpHpririvavate lte libibelelII .

. in in mulmultiptiple rle rapeape, in, insofsofar ar as as thethe other accused in the other acts other accused in the other acts of rape respectively committed of rape respectively committed by them are concerned.

by them are concerned.

 The The )'<#TT)'<#TT): OR 3&)T): OR 3&)T2 of 2 of one of one of thethe accused in the crime of adultery does accused in the crime of adultery does no

not t babar r ththe e prprososececututioion n of of ththe e ototheherr accused !

accused !People vs. !opi"o, e al., 35People vs. !opi"o, e al., 35 P#il. $01

P#il. $01*. 2O7&6&R, the death of the*. 2O7&6&R, the death of the offended spouse before the filin of the offended spouse before the filin of the co

compmplalainint t fofor r adadulultertery y babars rs fufurtrtheherr prosecution, $#T if the offended spouse prosecution, $#T if the offended spouse died after the filin of the correspondin died after the filin of the correspondin com

complaplaintint, , his his deadeath th wilwill l 0OT preven0OT preventt the

the proproceedceedin in frofrom m concontintinuinuin  to to itsits ultimate conclusion.

ultimate conclusion.

 3&SS3&SST)T)0'& of 0'& of complacomplainant does inant does notnot bar criminal prosecution but it operates bar criminal prosecution but it operates as

as wawaiviver er of of ththe e ririhht t to to pupursrsue ue cicivivill indemnity.

indemnity.

R

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S&ction 9' Su((ici&nc, o( com+laint or S&ction 9' Su((ici&nc, o( com+laint or in(ormation'

in(ormation'

CONTENTS OF A VALID COMPLAINT OR CONTENTS OF A VALID COMPLAINT OR INFORMATION

INFORMATION 1.

1. 0a0ame of me of ththe e acaccucusesed, ind, inclclududinin any appellation or nickname any appellation or nickname )

)n n ererroror r in in tthe he nanamme e oof f ththee accused is not reversible as lon accused is not reversible as lon as

as hihis s ididenentitity ty is is susufffficicieientntlyly es

estatabliblishshed ed anand d ththis is defdefecect t isis ccuurarablble e aat t anany y ststaae e of of ththee pro

proceeceedindins s as as the the insinsertertion ion of of the real name of the accused is the real name of the accused is merely a matter of form.

merely a matter of form. +.

+. The The desdesininatiation on of of the the offoffensensee 

.. TThhe e aacctts s oor r oommiissssiioonnss com

complaplaineined d of of as as conconstistituttutinin the offense

the offense =.

=. ThThe nae name ome of thf the ofe offenfended pded parartyty >

>.. TThhe e aapppprroo??iimmaatte e ttiimme e oof f tthhee commission of the offense

commission of the offense @.

@. ThThe e plplacace e whwherereiein n ththe e ofoffefensnsee was committed

was committed PURPOSE OF T"E RULE PURPOSE OF T"E RULE

1

1.. TTo o iinnffoorrm m tthhe e aaccccuusseed d oof f tthhee nature and cause of accusation nature and cause of accusation aainst him.

aainst him. +.

+. TTo noo notitify thfy the e dedefefendndanant t of thof thee criminal acts imputed to him so criminal acts imputed to him so th

that at he he cacan n duduly ly prprepeparare e hihiss defense.

defense. Sub

Substastantintial al defdefect ect in in the the ininforformatmationion cannot be cured by evidence that would cannot be cured by evidence that would "e

"eopoparardidize ze ththe e acaccucusesed5d5s s ririhht t to to bebe in

infoformrmed ed of of ththe e trtrue ue nanatuturre e of of ththee offense he is bein chared with

offense he is bein chared with S&ction :'

S&ction :' Nam& o( Nam& o( t*& accus&t*& accus&d'd' PURPOSE

PURPOSE

The manifest intent of the provision is to The manifest intent of the provision is to ma

make ke a a spspececifific ic ididenentitifificacatiotion n of of ththee person to whom the commission of an person to whom the commission of an offense is bein imputed.

offense is bein imputed.

S&ction ;' D&si.nation o( t*& o((&ns&' S&ction ;' D&si.nation o( t*& o((&ns&'

The information or complaint must state The information or complaint must state or

or desdesiinanate te ththe e fofollollowiwin n whwheneneveverer possible8

possible8 1.

1. ThThe e dedesisinnatatioion n of thof the e ofoffefensnsee iven by the statute.

iven by the statute. +

+.. TThhe e ssttatateemmeennt t oof f tthhe e aacctts s oorr o

omimissssioions ns ccononststitituutitinn  ththee offense, in ordinary, concise and offense, in ordinary, concise and particular words.

particular words. 

.. TThhe e ssppeecciiffiic c 44uuaalliiffyyiinn  aanndd ara

aravatinvatin  circcircumstaumstances nces mustmust be stated in ordinary and concise be stated in ordinary and concise lanuae.

lanuae. T

Thhe e 44uuaalliiffyyiinn  aannd d aarraavvaattiinn cir

circumcumstastancences s cancannot not be be appapprecreciatiateded ev

even en if if prprovoved ed #0#0:&:&SS SS alalleleed ed in in ththee information.

information. n

n cacase se of of alalleleatatioion n of of aarravavatatinin circumstance of 2)$T#): 3&:0<#&0'-, circumstance of 2)$T#): 3&:0<#&0'-, it should not be enerally averred. The it should not be enerally averred. The info

informatirmation on must specify must specify the the re4ure4uisiteisite data reardin8

data reardin8 1.

1. the the comcommismissiosion on of tf the he cricrimesmes99 +.

+. the the laslast cot convinvictiction on or or relreleasease9e9 .

. ththe othe other prer prevevioious cous convnvicictition oron or release of the accused.

release of the accused. A

ALLLLEE33AATTIIOONNS S PRPREEVVAAIIL L OOVVEER R DESI3NATION OF T"E OFFENSE IN T"E DESI3NATION OF T"E OFFENSE IN T"E INFORMATION

INFORMATION

t is not the desination of the offense in t is not the desination of the offense in th

the e cocompmplalainint t or or ininfoformrmatatioion n ththat at isis cont

controllirollin n !!PePeopople le vsvs. . SaSamimillllanano, o, 5656 SCRA 5%3

SCRA 5%3*9 the facts alleed therein and*9 the facts alleed therein and not its title determine the nature of the not its title determine the nature of the crime

crime !!PePeopople le vsvs. . &a&agdgdo'o'a, a, %3 %3 P#P#il.il. 512

512*.*.

The accused may be convicted of a crime The accused may be convicted of a crime mo

more re seseririouous s ththan an ththat at nanamemed d in in ththee title or preliminary part if such crime is title or preliminary part if such crime is cover

covered by ed by the facts alleed in the bodythe facts alleed in the body of the information and its commission is of the information and its commission is established by evidence !

established by evidence !()#a vs. Co)r()#a vs. Co)r o* Appeals, 265

o* Appeals, 265 SCRA %01SCRA %01*.*.

:imitation on the rule that an accused :imitation on the rule that an accused may be convicted of a crime which is may be convicted of a crime which is mo

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title so lon as the facts alleed the more serious offense8

)n accused could not be convicted under one act when he is chared with a violation of another if the chane from one statute to the other involves8

a* a chane in the theory of the trial9

b* re4uires of the defendant a different defense9 or

c* surprises the accused in any way !+.S. vs. Panlilio, 2 P#il. 603* .

S&ction <' Caus& o( t*& accusation' PURPOSE

1. to enable the court to pronounce proper "udment9

+. to furnish the accused with such a description of the chare as to enable him to make a defense9 . as a protection aainst further

prosecution for the same cause. RULE ON NE3ATIVE AVERMENTS

3ENERAL RULE! 7here the statute penalizes enerally the acts therein defined and is intended to apply to all persons indiscriminately, the information is sufficient even if does not allee that the accused falls within the e?cepted situation, for then the complete definition of the offense is entirely separable from the e?ceptions and can be made without reference to the latter. n this case, the e?ception is a matter of defense which the accused has to prove. ECEPTION! 7here the statute alleed to have been violated applies only to a specific class of persons and to special conditions, the information must allee facts establishin that the accused falls within the specific class affected and not those affected from the coverae of law. 7here neative averment is an essential element of the crime, it must be proved.

S&ction $%' Plac& o( commission o( t*& o((&ns&

PURPOSE

To show territorial "urisdiction.

S&ction $$' Dat& o( commission o( t*& o((&ns&

3ENERAL RULE!

t is 0OT re4uired that the complaint or information state with particularity the /:)'& where the crime was committed and the 3)T& of the commission of the crime.

ECEPTION!

f the /:)'&G3)T& of the commission of the offense constitutes an essential element of the offense.

S&ction $4' Nam& o( t*& o((&nd&d +art, 3ENERAL RULE! The offended party must be desinated by name, nickname, any other appellation or by fictitious name.

ECEPTION! n crimes aainst property, the description of the property must supplement the alleation that the owner is unknown.

S&ction $5' Du+licit, o( o((&ns&'

There is duplicity when the complaint or information chares + or more 3ST0'T or 3&R&0T offenses.

3ENERAL RULE!

) complaint or information must chare only one offense.

ECEPTIONS!

1. 'omple? crimes

+. Special 'omple? crimes

. 'ontinuous crimes or delicto continuado

=. 'rimes of which another offense is an inredient

Should there be duplicity of offense in the information, the accused must move for the 4uashal of the same $&OR& arrainment

arrainment, otherwise, he is deemed to have waived the ob"ection and maybe

REMEDIAL LAW COMMITTEE

CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECTHEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial

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found uilty of as many offenses as those chared and proved durin the trial. S&ction' $7' Am&ndm&nt or su=stitution'

>INDS OF AMENDMENT

1. $&OR& T2& /:&) – covers both

substantial and formal

amendment, 7T2O#T leave of court.

+. )T&R T2& /:&) – covers only formal amendment provided8 a* leave of court is obtained b* such amendment is not

pre"udicial to the rihts of the accused.

&E'&/T when a fact supervenes which chanes the nature of the crime chared in the information or uprades it to a hiher crime, in which case, there is a need for another arrainment of the accused under the amended information.

)n amendment is only in form where it neither affects nor alters the nature of the offense chared OR where the chare does not deprive the accused of a fair opportunity to present his defense OR where it does not involve a chane in the basic theory of the prosecution. Su=stitution – f it appears at anytime before "udment that a mistake has been made in charin the proper offense, the court shall dismiss the oriinal complaint or information upon the filin of a new one charin the proper offense, provided the accused shall not be placed in double "eopardy.

:imitation to the rule on substitution8 1. 0o "udment has yet been

rendered.

+. The accused cannot be convicted of the offense chared or of any

other offense necessarily

included therein.

. The accused would not be placed in double "eopardy.

AMENDMENT SU#STITUTION OF

INFORMATION OR

COMPLAINT

(ay involve either formal or substantial

chanes

nvolves substantial chane from the

oriinal chare )mendment before

the plea has been entered can be effected without

leave of court.

Substitution of information must be with leave of court as

the oriinal information has to be

dismissed. )mendment is only

as to form, there is no need for another

preliminary investiation and the

retakin of the plea of the accused.

)nother preliminary investiation is entailed and the accused has to plead

anew to the new information

)n amended information refers to

the same offense chared in the oriinal information or to an offense which necessarily includes or is necessarily included in the oriinal chare, hence substantial amendments to the information after the

plea has been taken cannot be made over

the ob"ection of the accused, for if the oriinal information would be withdrawn,

the accused could invoke double

"eopardy.

Re4uires or presupposes that the

new information involves a different offense which does not include or is not necessarily included

in the oriinal chare, hence the accused cannot claim

double "eopardy.

VARIANCE #ET6EEN INDICTMENT AND PROOF ?Situations Cont&m+lat&d@

1. 7hen the offense proved is less serious than, and is necessarily included in, the offense chared, in which case the defendant shall be convicted of the offense proved.

+. 7hen the offense proved is more serious than and includes the offense chared, in which case

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the defendant shall be convicted of the offense chared.

. 7hen the offense proved is neither included in, nor does it include, the offense chared and is different therefrom, in which case the court should dismiss the action and order the filin of a new information charin the proper offense.

The third situation set forth above is substitution of information under Section 1=, Rule 11D.

S&ction $8' Plac& )*&r& action is to =& institut&d'

PURPOSE

The purpose bein not to compel the defendant to move to, and appear in a different court from that of the territory where the crime was committed, as it would cause him reat inconvenience in lookin for his witnesses and other evidence in another place !$eltran vs. Ramos, C@ /hil. 1=C*.

VENUE IS JURISDICTIONAL

6enue is "urisdictional as the court has no "urisdiction to try an offense committed outside its territorial "urisdiction. t cannot be waived, or chaned by areement of the parties, or by the consent of the defendant.

3ENERAL RULE! Sub"ect to e?istin laws, in all criminal prosecutions, the action must be instituted and tried in the courts of the municipality or

territory where the offense was

committed or any of its essential inredients occurred.

ECEPTIONS TO T"E RULE OF VENUE! 1. elonies under )rt. + of the

Revised /enal 'ode

 Shall be conizable by the proper court where the criminal action was first filed.

+. 'omple? 'rimes

 7here the crime chared is a comple? crime, the RT' of any province in which any one of the essential elements of such comple? crime had been committed has "urisdiction to take conizance of the offense. . Continuin. O((&ns& ; is one

where the elements of which occur in several places, !unlike a :O'): O&0S& ; one which is fully consummated in one place*

 The venue is in the place where one of its essential elements was consummated. =. /iracy – The venue of piracy,

unlike all other crimes, has no territorial limits.

>. :ibel – The action may be instituted at the election of the offended or suin party in the province or city8

a* where the libelous article is printed and first published9 b* if one of the offended

parties is a private

individual, where said

private individual actually resides at the time of the commission of the offense9 c* if the offended party is a

public official, where the latter holds office at the time of the commission of the offense.

@. n e?ceptional circumstances – to ensure a fair trial and impartial in4uiry. The S' shall have the power to order a chane of venue or place of trial to avoid miscarriae of "ustice !Section >J=K, )rticle 6, 1CBA 'onstitution*.

S&ction $9' Int&r-&ntion o( t*& o((&nd&d +art, in criminal action'

3ENERAL RULE! Offended party has the riht to intervene by counsel in the prosecution of the criminal action, where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111.

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ECEPTIONS!

1. 7here from the nature of the crime and the law definin and punishin it, 0O civil liability arises in favor of the offended party9 and

+. 7here the offended party has waived his riht to civil indemnity OR has e?pressly reserved his riht to institute a civil action OR has already instituted said action.

RULE $$$

PROSECUTION OF CIVIL ACTIONS S&ction $' Institution o( criminal and ci-il actions'

3ENERAL RULE!

7hen a criminal action is instituted, the civil action for the recovery of civil liability arisin from the offense shall be deemed instituted with the criminal action.

ECEPTIONS!

1. when the offended party 7)6&S the civil action

+. when the offended party

R&S&R6&S his riht to institute a separate civil action

. when offended party 0STT#T&S ) '6: )'TO0 /ROR to the criminal action.

6"EN RESERVATION S"ALL #E MADE 1. before the prosecution starts to

present its evidence and

+. under circumstances affordin the offended party to a reasonable opportunity to make such reservation.

 O0:- the civil liability arisin from the crime chared as a felony is now deemed instituted. 'ivil liability arisin from other sources of obliations are no loner deemed instituted like those under )rticle +, , = and +1A@ of the 'ivil 'ode which can be prosecuted even without reservation.

 n $/ ++ cases, no reservation to file the civil action separately shall be allowed.

RULES ON FILIN3 FEES OF CIVIL ACTION DEEMED INSTITUTED 6IT" T"E CRIMINAL ACTION

1. 0O filin fees are re4uired for amounts of )'T#): 3)()F&S, &E'&/T with respect to criminal actions for violation of $/ ++, in which case, the offended party shall pay in full the filin fees based on the face value of the check as the actual damaes9 +. 3amaes other than actual

!moral, e?emplary and other damaes* if specified in the complaint or information, the correspondin filin fees shall be paid, otherwise the court will not ac4uire "urisdiction over such damaes9

. 7here moral, e?emplary and other damaes are 0OT specified in the complaint or information, the rant and amount thereof are left to the sound discretion of the trial court, the correspondin filin fees need not be paid and shall simply constitute a first lien on the "udment.

 'ounterclaims, cross;claims, third party complaints are no loner allowed in a criminal proceedin. )ny claim which could have been the sub"ect thereof may be litiated in a separate civil action.

S&ction 4' 6*&n s&+arat& ci-il action is sus+&nd&d'

PRIMAC0 OF CRIMINAL ACTION OVER CIVIL ACTION

1. )fter the filin of the criminal action, the civil action which has been reserved ')00OT be instituted until final "udment has been rendered in the criminal action.

+. f the civil action is instituted $&OR& the filin of the criminal

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action and the criminal action is subse4uently commenced, the pendin civil action shall be suspended until final "udment in the criminal action has been rendered.

ECEPTIONS!

a* n cases of independent civil actions based upon )rts. +, , = and +1A@ of the 'ivil 'ode9 b* n cases where the civil action

presents a pre"udicial 4uestion9 c* n cases where the civil action is

consolidated with the criminal action9 and

d* 7here the civil action is not one intended to enforce the civil liability arisin from the offense. ACQUITTAL IN A CRIMINAL CASE DOES NOT #AR T"E FILIN3 OF T"E CIVIL CASE 6"ERE!

1. the ac4uittal is based on reasonable doubt, if the civil case has been reserved

+. the decision contains a

declaration that the liability of the accused is not criminal but only civil in nature and

. the civil liability is not derived from or based on the criminal act of which the accused is ac4uitted !Sapiera vs. Co)r o* Appeals, 31- SCRA 3%0 *.

 &?tinction of the penal action does not carry with it the e?tinction of the civil action, #0:&SS the e?tinction proceeds from a declaration in a final "udment that the fact from which the civil liability miht arise did not e?ist.

 The e?tinction of the civil liability refers e?clusively to civil liability arisin from crime9 whereas, the civil liability for the same act considered as a 4uasi; delict is not e?tinuished even by a declaration in the criminal case that the criminal act chared has not happened or has not been committed by the accused.

 7here the criminal case was dismissed before trial because the offended party

e?ecuted an affidavit of desistance, the civil action thereof is similarly dismissed. S&ction 5' 6*&n ci-il action ma, +roc&&d ind&+&nd&ntl,'

 The institution of an independent civil action aainst the offender under )rticles +, , = and +1A@ of the 'ivil 'ode may proceed independently of the criminal case and at the same time without suspension of either proceedin.

 Recovery of civil liability under )rticles +, , = and +1A@ of the 'ivil 'ode arisin from the same act or omission may be prosecuted separately even without a reservation. The reservation and waiver herein refers only to the civil action for the recovery of civil liability arisin from the offense chared !D&P /mployees Credi Coop vs. ele, .R. No. 12$22, Nov. 2$, 2001*.

PURPOSE

To prevent the offended party from recoverin damaes twice for the same act or omission.

S&ction 7' E((&ct o( d&at* on ci-il actions'

)T&R arrainment and durin the pendency of the criminal action ; e?tinuishes the civil liability arisin from the delict.

$&OR& arrainment ; the case shall be 3S(SS&3 without pre"udice to any civil action the offended party may file aainst the estate of the deceased.

 2owever, the independent civil action instituted under Section  of this Rule or which thereafter is instituted to enforce liability arisin from other sources of obliation may be continued aainst the estate or leal representative of the accused after proper substitution or aainst said estate, as the case may be. S&ction :' El&m&nts o( +r&1udicial /u&stion'

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Pr&1udicial Qu&stion ; that which arises in a case, the resolution of which is the loical antecedent of the issue involved therein, and the conizance of which pertains to another tribunal. t must be determinative of the case before the court but the "urisdiction to try and resolve the 4uestion must be loded in another court or tribunal.

Rational&! to avoid two conflictin decisions.

ELEMENTS OF A PREJUDICIAL QUESTION 1. The civil action must be instituted prior to the criminal action.

+. The civil action involves an issue similar or intimately related to the issue raised in the criminal action.

. The resolution of such issue determines whether or not the criminal action may proceed. 6"ERE TO FILE PETITION FOR

SUSPENSION #0 REASON OF

PREJUDICIAL QUESTION

1. Office of the prosecutor9 or +. court conductin the preliminary

investiation9 or

. court where the criminal action has been filed for trial at any time before the prosecution rests.

RULE $$4

PRELIMINAR0 INVESTI3ATION S&ction $' Pr&liminar, In-&sti.ation d&(in&d )*&n r&/uir&d'

Pr&liminar, In-&sti.ation ; is an in4uiry or proceedin to determine whether there e?ists sufficient round to enender a well;founded belief that a crime has been committed and that the respondent is probably uilty thereof, and should be held for trial. !Sec. 1, Rule 11+*

/reliminary nvestiation is re4uired to be conducted $&OR& the filin of a

complaint or information for an offense where the penalty prescribed by law is at least = years, + months and 1 day without reard to the fine.

There is 0O riht of preliminary investiation under Section A, Rule 11+ when a person is :)7#::- arrested unless there is a waiver of the provisions of )rticle 1+> of the Revised /enal 'ode. 2O7&6&R, the accused can ask for /reliminary nvestiation in the followin cases8

1. if a person is arrested, he can ask for preliminary investiation $&OR& the filin of the complaintGinformation $#T he must sin a waiver in accordance with )rticle 1+>, R/'.

+. )T&R the filin of the

informationGcomplaint, the

accused may, within > days from the time he learns of its filin ask for preliminary investiation. PURPOSES

1. to determine whether a crime

has been committed and

whether there is probable cause to believe that the accused is uilty thereof9

+. to preserve evidence and keep the witnesses within the control of the State9

. to determine the amount of bail, if the offense is bailable.

PRELIMINAR0 INVESTI3ATION!

PERSONAL STATUTOR0 RI3"T

The riht to preliminary investiation is a personal riht covered by statute and may be waived e?pressly or by implication.

)bsence of preliminary investiation does not affect the "urisdiction of the court or invalidate the information if no ob"ection was raised by the accused. REMEDIES OF T"E ACCUSED IF T"ERE 6AS NO PRELIMINAR0 INVESTI3ATION

1. Refuse to enter a plea upon arrainment and ob"ect to

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further proceedins upon such round

+. nsist on a preliminary

investiation

. ile a certiorari, if refused

=. Raise lack of preliminary investiation as error on appeal >. ile for prohibition

)s preliminary investiation is 0OT a part of the trial, the dismissal of the case by the investiator will not constitute double "eopardy and will not bar the filin of another complaint for the same offense, but if re;filed, the accused is entitled to another preliminary investiation !#.S. vs. (arfori, > /hil. @@@*.

S&ction 4' O((ic&rs aut*oriB&d to conduct +r&liminar, in-&sti.ation' PERSONS AUT"ORIED TO CONDUCT A PRELIMINAR0 INVESTI3ATION

1. /rovincial or city fiscal and their assistants

+. %udes of the (T' and ('T' . 0ational and reional state

prosecutors

=. Such other officers as may be authorized by law such as8 the 'O(&:&', Ombudsman and /'FF

S&ction 5' Proc&dur&

f respondent cannot be subpoenaed, or if subpoenaed but does not submit his counter;affidavit within 1D days, investiatin officer shall resolve the complaint based on the evidence presented by the complainant.

RI3"TS OF RESPONDENT IN A PRELIMINAR0 INVESTI3ATION

1. to submit counter;affidavits +. to e?amine evidence submitted

by the complainant

. to be present in the clarificatory hearin.

The Rules do not re4uire the presence of the respondent in the /reliminary nvestiation, what is re4uired is that he be iven the opportunity to controvert the evidence of the complainant by submittin counter;affidavits.

Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence

2earin !optional*. t shall be held within 1D days from submission of

counter;affidavits or from the e?piration of the period of their

submission.

Resolution of investigating prosecutor

ilin of the complaint accompanied by the affidavits

and supportin documents.

7ithin 1D days after the filin, the investiatin officer shall either

dismiss or issue subpoena.

f subpoena is issued, respondent shall submit a counter;affidavit and other supportin documents within 1D

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S&ction 9' 6*&n )arrant o( arr&st ma, issu&

Pro=a=l& Caus&  presupposes a reasonable round for belief in the e?istence of facts warrantin the proceedins complained of9

; an apparent

state of facts found to e?ist upon reasonable in4uiry which would induce a reasonably intellient and prudent man to believe that the accused person had committed the crime chared.

f the "ude finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested and hold him for trial. f the "ude is satisfied that there is no necessity for placin the accused under custody, he may issue summons instead of warrant of arrest.

The RT' "ude need 0OT personally e?amine the complaint and witnesses in the determination of probable cause for the issuance of the warrant of arrest. 2e is only re4uired to8

1. /ersonally evaluate the report and the supportin documents submitted durin the preliminary investiation by the fiscal9 and +. On the basis thereof he may8

a* 3ismiss9

b* ssue warrant9 or

c* Re4uire further affidavits. INSTANCES 6"EN MTC MA0 CONDUCT PRELIMINAR0 INVESTI3ATION!

1. cases conizable by the RT' may be filed with the (T' for preliminary investiation9

+. cases conizable by the (T' because it is an offense where the penalty prescribed by law is at least four !=* years, two !+* months and one !1* day without reard to the fine.

 n either situation, the (T' is authorized to issue a warrant of arrest if there is necessity of placin the respondent under immediate custody, in order not to frustrate the ends of "ustice.

CONDITIONS #EFORE T"E

INVESTI3ATIN3 MUNICIPAL TRIAL JUD3E CAN ISSUE A 6ARRANT OF ARREST !2errera, p. +B+*

1. 2ave e?amined in writin and under oath the complainant and his witnesses by searchin 4uestions and answers9 searchin 4uestions and answers – such 4uestions as may have the

tendency to show the

commission of the crime and the perpetrator thereof9

+. $e satisfied that a probable cause e?ists9 and

. That there is a need to place the respondent under immediate custody in order not to frustrate the ends of "ustice.

 f the (T' "ude found probable cause but did not believe that the aforesaid conditions were met, he cannot be compelled by mandamus to issue the same.

REMED0! The provincial fiscal, if he believes that the accused should be immediately placed in custody, may file the correspondin information so that the RT' may issue the necessary warrant of arrest !Sam)lde vs. Salvani, r., .R. No. %606, Sep. 26, 1$*.

7hile the "ude may rely on the fiscal5s certification thereof, the same is 0OT conclusive on him as the issuance of said warrant calls for the e?ercise of "udicial discretion and, for that purpose, the "ude may re4uire the submission of affidavits of witnesses to aid him in arrivin at the proper conclusion, OR he may re4uire the fiscal to conduct further

preliminary investiation or

reinvestiation.

INSTANCES 6"EN 6ARRANT OF ARREST NOT NECESSAR0

1. if the accused is already under detention9

+. if the complaint or information was filed after the accused was lawfully arrested without

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. if the offense is punishable by fine only.

S&ction :' 6*&n accus&d la)(ull, arr&st&d )it*out )arrant'

T6O SITUATIONS CONTEMPLATED

UNDER T"IS RULE!

1. 7hen a person is lawfully arrested without a warrant for

an offense re4uirin a

preliminary investiation !sec. 1, Rule 11+* and no complaint or information has yet been filed, he may ask for a preliminary investiation by sinin a waiver of the provisions of )rt. 1+> of the R/' in the presence of his counsel.

+. 7hen the complaint or

information was filed without preliminary investiation, the accused may, within > days from the time he learns of the filin of the information, ask for a preliminary investiation with the same riht to adduce evidence in his favor in the manner prescribed in this Rule. The >;day period is ()03)TOR-, failure to file the motion within the said period amounts to waiver of the riht to ask for preliminary investiation.

7here the information was amended without a new preliminary investiation havin been conducted, the >;day period is computed from the time the accused learns of the filin of said amended information.

7here the trial court has ranted a motion for reinvestiation, it must hold in abeyance the arrainment and trial of the

the accused until the prosecutor shall have conducted and made a report on the result of such reinvestiation.

The riht to bail pendin /reliminary nvestiation under Section A, Rule 11+, a person lawfully arrested may post bail before the filin of the information or

even after its filin without waivin his riht to preliminary investiation, provided that he asks for a preliminary investiation by the proper officer within the period fi?ed in the said rule !People vs. Co)r o* Appeals, &ay 2$, 1$$5*. S&ction ;' R&cords

Records of the preliminary investiation shall 0OT automatically form part of the records of the case. 'ourts are not compelled to take "udicial notice thereof. t must be introduced as an evidence.

S&ction <' Cas&s not r&/uirin. a +r&liminar, in-&sti.ation nor co-&r&d =, t*& Rul& on Summar, Proc&dur&' PROCEDURE TO #E FOLLO6ED IN CASES 6"IC" DO NOT REQUIRE PRELIMINAR0 INVESTI3ATION

1. &valuate the evidence presented +. 'onduct searchin 4uestions or

answers

. Re4uire the submission of additional evidence

 or cases under the Revised Rules on Summary /rocedure, no warrant shall be issued e?cept where the accused fails to appear after bein summoned.

f the complaint is filed with the

prosecutor involvin an offense

punishable by imprisonment of less than = years, + months and 1 day, the procedure in Rule 11+, Section  !a* shall be observed.

f the complaint is filed with the (T', the same procedure under Rule 11+, Section  !a* shall be observed.

RULE $$5 ARREST

S&ction $' D&(inition o( arr&st'

Arr&st  the takin of a person into custody in order that he may be bound