1 CRIMINAL PROCEDURE| ATTY.

FERNANDEZ | STRICTLY CONFIDENTIAL

PRELIMINARY MATTERS to afford undue protection to the constitutional rights of the

accused such that criminal prosecution can be enjoined.
Criminal Procedure- It is a term to describe the network of laws and
rules which govern the procedural administration of justice. As such, Q: What are the sources of Criminal Procedure?
it treats of the rules and processes by which criminal laws are
- 1987 Constitution on the Rights of the Accused;
enforced and by which the state prosecutes persons who violate
- Batas Pambansa Blg 129, Judiciary Act of 1980;
such laws.
- RA 7691, Expanded Jurisdiction of the 1 st level Courts;
- It is a method by which a person who is charged with an offense is - RA 8369, Family Courts Act;
arrested, prosecuted and punished in case of conviction. - Revised Rules on Summary Procedure, as amended;
- Local Government Code of 1991 on Barangay on
Question: Can you enjoin criminal prosecution? Conciliation;
- Sandiganbayan Law, RA 8249, RA 7975, and PD 1606
GR: No. Criminal prosecution cannot be enjoined since public (Jurisdiction)
interest requires that criminal acts be immediately investigated and - Supreme Court Circulars/Admin Matters; and
prosecuted for the protection of society. As criminal prosecution is - Supreme Court Decisions
imbued with public interest, a crime is committed against the
sovereignty. Q: What are the systems of Criminal Procedure?

Discussion The reason why the title of the case is People of the 1. Accusatorial or Adversarial System - this kind of
Phils. Vs the Accused is that, although there is a victim, a private system contemplates two contending parties
person that got killed or his rights were violated, but in reality, the (prosecution and the accused) before the court which
crime is committed against the state. The violation is a breach hears them impartially and renders judgment only
against public order and public safety. The victim here is only after trial. The judge is not permitted to act as an
considered as a complaining witness. inquisitor who pursues his own investigation and
arrives at his own conclusion.
EXCEPTIONS: (developed through Supreme Court decisions/ 2. Inquisitorial System the court (judge) plays a very
Jurisprudential decisions) active role and is not limited to the evidence presented
before it. The court (judge) may utilize evidence
1. When the injunction is necessary to afford adequate
gathered outside the court and actively participates in
protection to the constitutional rights of the accused;
the gathering of facts and evidence instead of
2. When it is necessary for the orderly administration of
passively receiving information or evidence from the
justice or to avoid oppression or multiplicity of actions;
parties.
3. Where there is a prejudicial question which is subjudice;
3. Mixed System it is the combination of the
4. When the acts of the officer are without or in excess of
Accusatorial and Inquisitorial systems.
authority;
5. Where the prosecution is under an invalid law, ordinance or
regulation; When it comes to accusatorial, the fact that it is termed accusatorial,
6. When double jeopardy is clearly apparent; it will already give you an idea nga naay tao gi-accuse. So definitely,
7. Where the court has no jurisdiction over the offense; not only one party is involved but two parties, two contending and
8. Where it is a case of persecution rather than prosecution; antagonistic parties. One, for the prosecution which is the State side
9. Where the charges are manifestly false and motivated by represented by the Prosecutor and the other side that of the accused.
the lust for vengeance; and It is the public prosecutor who will prove the guilt of the accused, he
10. When there is clearly no prima facie case against the is accusing. Mao bitaw nang sa title of criminal cases, People of the
accused and a motion to quash on that ground has been Philippines v. ABC, ABC as accused. In this system the judge will
denied. play a passive role. Why? Because if we construe the proceeding as
that of an arena, we have the judge playing the role of a referee. The
Relevant case: Brocka et al v Enrile et al (192SCRA183)
prosecution will prove the guilt of the accused beyond reasonable
- The SC ruled that generally, criminal prosecution cannot be doubt while the accused will also prove he is not guilty of the crime.
enjoined. But in this case, the SC provided certain However, even with the silence of the accused, his silence will not in
exceptions. One of which is where it is a case of any manner prejudice him because that is a right enjoyed by the
persecution rather that prosecution . in totality, the reason accused. The accuseds right to remain silent.
advanced by the SC is to prevent the strong arm of the law
The burden of proving that the accused is guilty not only mere guilty
from being used in a vindictive and oppressive manner and
but guilty beyond reasonable doubt lies with the prosecution. Burden
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of proving never shifts, always stays with prosecution until present, nibalik nasad tag gamay into inquisitorial because of this
termination of case as the accused is presumed innocent until proven recent administrative circular where the judge will play an active role
guilty beyond reasonable doubt. So at the end of the day, the judge for the purpose on the speedy disposition of cases to avoid further
will merely rule on the basis of the evidence presented by the parties. delays because as justice is delayed, justice is denied. What is its
If the prosecution was able to prove that the accused is guilty then by relevance? Under Rule 22-24 as amended, we have now the new
all means the judge shall impose punishment on the accused. Such rules of court trial, where in fact 7 branches of the RTC are already
that in proving the guilt, any iota of doubt as to the culpability of the using this method which is the face to face trial. To avoid delays, the
guilt of accused, accused shall be set free. Also, we have this judge may terminate any testimonies of witnesses to speedily run
principle in criminal law which is the equiponderance of evidence or through the case if it is not relevant anymore. The lawyer can still
the equipoise rule where the facts and circumstances are evenly cross-examine but the judge may stop such cross-examination if the
balanced such that one interpretation would tilt in favor of the judge sees that it is not relevant to the case and that there is much
accused and the other tilts in favor of the prosecution, then according evidence presented already. If evidence is merely corroborative
to this rule, the accused should be set free because the scales of where it wont add already to the evidence gathered, then the judge
justice should tilt in favor of the accused and due to presumption of may stop the direct examination as it will merely prolong the
innocence. proceeding.

Suppose the accused pleads guilty but in the process invokes Question: If the judge will play an active role in the proceedings,
exculpatory defense self-defense, then his plea shall be changed into will it affect his partiality?
not guilty then the Court shall issue an order for a reverse trial. What
is a reverse trial? It will now be the accused who will come forward No, as long as the judge does it within the bounds of law. Just like
with his evidence in support of his self-defense theory. the system used in US wherein the moment the judge will play a very
active role in such manner that he will already interfere in the taking
Will it free the prosecution from proving guilt beyond of testimony, either parties then may move for mistrial but in the PH
reasonable doubt? we dont practice that and the Judge is allowed to interfere because
we have the tendency to prolong the proceedings thats why to cut
No, because the burden of proof always lies at the prosecution. short of the lengthy procedure, the Judge therefore is allowed to
Although the accused pleaded for self-defense what was only being interfere but only within the bounds allowed by law.
shifted is the burden of evidence not the burden of proof.
JURISDICTION
Is it common that the accused will remain silent? What happens
when accused will not present evidence? Jurisdiction goes to the very heart of the proceeding.

Even if the accused remains silent all throughout the proceeding, his What is jurisdiction?
silence will not in any manner prejudice him because he enjoys the
presumption of innocence, the right to remain silent as well as right Jurisdiction is the authority of the court to hear and determine cases.
against self-incrimination. It is conferred by law. There should be a law conferring jurisdiction to
a particular court to try the said case. Remember, not the judge, but
Question: What is the difference between burden of proof and the court.
burden of evidence?
What is the basis of the exercise of jurisdiction?
Burden of proof is the proving that accused is guilty beyond
reasonable doubt, that prosecution steps forward to present evidence The law itself.
to convict accused and prove him guilty beyond reasonable doubt
Take note: BP 129
while burden of evidence is all about procedure, who will come
forward first to present evidence. Burden of proof is substantial while Suppose the law is silent in conferring jurisdiction, can MTC or
burden of evidence is procedural. RTC judge insist in trying the case? No.
In inquisitorial, you have this process of inquiring so the Judge What is the effect then if such courts insist in trying cases even
plays an active role because it is the judge who will ask the parties. not conferred by jurisdiction?
The judge is likened to that of an inquisitor.
The proceeding and the decision shall be null and void.
In mixed system, it is a mix between accusatorial and inquisitorial.
Is jurisdiction synonymous with venue?
Recently in the judicial system, we now have the face to face trial. If
at first from inquisitorial, we have shifted to accusatorial where both Generally, venue is jurisdictional in criminal case. There is no
accused and prosecution are given their day in court but now in the difference between the two but in civil case, venue and jurisdiction is
3 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

not the same because venue is merely procedural while jurisdiction is jurisdiction until the case is terminated. Once jurisdiction attaches to
substantive. (Qualify your answer) a particular case, it continues until termination of case. It cannot be
divested of any authority to try and decide case because after all,
VENUE JURISDICTION jurisdiction is conferred by law.
-Merely Procedural - Substantive
What are the essential requisites of a valid exercise of
- Pertains to the - Pertains to the power Jurisdiction?
place of the Court to try and
decide cases 1. Jurisdiction over the Subject Matter;
2. Jurisdiction over the Person of the Accused; and
- Can be agreed - Can never be agreed 3. Jurisdiction over the Territory
upon by the parties upon by the parties
nor can be stipulated ---------------------------------------------------------------------------------
because it is Jurisdiction over Subject matter
conferred by law
- Refers to the authority of the court to hear and determine a
particular criminal case and impose the punishment for it.
- It is determined by the penalty involved and the nature of
the offense.
Example:
Why is it important that the court should have jurisdiction over
When a crime is committed in an aircraft, our usual notion would be
the Subject matter? What will happen if the court trying the case
that there is hijacking. However, under a special law, as long as any
had no jurisdiction? What is the effect?
of the external doors are still open, the aircraft is not yet considered
as in flight. Thus, in this case, hijacking is not the proper crime but - The proceedings and the subsequent judgment are
grave coercion and the case should be instituted in the courts of considered void because jurisdiction is conferred by law.
Lapu-lapu City since it is the place where the crime happened.
Illustration:
TN: The principle of Territoriality.
In a case where a person violates a city of municipal
GR: The action should be instituted in the place where the ordinance it is cognizable by the Municipal Trial Court.
criminal act is being perpetrated or is committed. When it comes to subject matter, the subject matter of this
case is the particular offense violated.
But once all external doors are closed, although the aircraft has not
In the RPC, in the crime of Libel, notwithstanding the
yet take off, the airplane is already considered as in flight.
penalty involved, the law provides that it should be tried in
Rule 110, Sec 15, par. 2: Where the offense is committed in a train, the Regional Trial Court.
aircraft, or other public or private vehincle in the course of its trip, the
criminal action shall be instituted and tried in the court of any 1. Jurisdiction over Person of Accused
municipality or territory where said train, aircraft, or other vehicle
What about the jurisdiction over the accused? Why is it
passed during its trip, including the place of departure and arrival.
important?
(Emphasis supplied)
Jurisdiction over the person of the accused is important in fact, one
Going back to the topic on jurisdiction, is concurrent
of the essential elements of the exercise of a bodys jurisdiction is
jurisdiction allowed by law?
because the Court cannot proceed in trying the case until and unless
-Yes, as long as it is expressly provided by law that such concurrent jurisdiction over the person of the accused is acquired. One of the
jurisdiction is allowed. If it is not prohibited, then it is allowed by law. fundamental principles in your Constitutional Law provides that the
What is important here before a court can take cognizance of a case accused shall have the right to be informed of the nature and cause
is that, jurisdiction is conferred by law. of accusation against him which is a component of due process
(Article 3, Section 1, 1987 Constitution).
Once jurisdiction attaches to a particular case, can the court
that takes cognizance over the case be divested of the
jurisdiction?

-No, the principle of adherence to jurisdiction provides that when

court already confers jurisdiction, it cannot be divested of its
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Why is it that during the trial that even when the accused -special jurisdiction of certain branches to handle exclusive
escapes the proceedings still continues? Is there a conflict as to criminal cases as may be determined by SC
acquisition of jurisdiction over the person? -jurisdiction over criminal cases under specific laws:
*written defamation
No conflict because the Court has already acquired jurisdiction over *violation of Dangerous Drugs Act
the person of the accused during the first instance. His escape or his *violations of Intellectual Property Rights
jumping of bail is immaterial and the proceedings still continue *all cases on money laundering but those
making way to the principle of trial in absentia. Court then can committed by public officers and private persons
proceed despite the absence of accused through trial in absentia. As in conspiracy shall be under Sandiganbayan
long as the accused was notified and his absence was unjustified,
proceedings shall continue. What is the role of Congress when it comes to our judicial
system? As far as apportioning jurisdiction and creating courts
2. Jurisdiction over Territory are concerned, power is lodged in what branch of the
government?
Venue is jurisdictional.
Congress.
-The place where the crime was committed determines not only the
venue of action but is an essential element of jurisdiction. What is the role of the Supreme Court then in this manner?
-For jurisdiction to be acquired by courts in criminal cases offense
Article 8, SECTION 1. The judicial power shall be vested in one
should have been committed or any one of its essential ingredients
Supreme Court and in such lower courts as may be established by
should have taken place within the territorial jurisdiction of court. law.
CRIMINAL JURISDICTION OF TRIAL COURTS
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable
What are the cases that fall under the jurisdiction of the Trial
and enforceable, and to determine whether or not there has been a
Courts? grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government.
A. Criminal Jurisdiction of Municipal Trial Court, Municipal
Circuit Trial Court, and Metropolitan Trial Court (MTC)
-exclusive original jurisdiction over all violations of city or So, when you said that when it comes to creating Courts and
municipal ordinances committed within their respective apportioning jurisdiction the power is lodged in Congress, now
territorial jurisdiction what is the power of the Supreme Court when it comes to
-exclusive original jurisdiction over all offenses punishable judicial System?
with imprisonment not exceeding 6 years irrespective of
amount of fine except in cases falling within jurisdiction of Aside from the judicial power as provided in Article 8, Section 1 of the
Sandiganbayan and RTC 1987 Constitution, the Supreme Court has also have the following
-exclusive original jurisdiction over offenses involving powers: (Article 8, Section 5 par. 5)
damage to property through criminal negligence
-violations of BP 22 (5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
-summary procedure in certain cases
the admission to the practice of law, the Integrated Bar, and legal
-special jurisdiction to decide on applications for bail in assistance to the underprivileged. Such rules shall provide a
criminal cases in absence of all RTC judges in the province simplified and inexpensive procedure for the speedy disposition of
B. Criminal Jurisdiction of Regional Trial Court (RTC) cases, shall be uniform for all courts of the same grade, and shall not
-exclusive original jurisdiction in all criminal cases not diminish, increase, or modify substantive rights. Rules of procedure
within exclusive jurisdiction of any court, tribunal or body, of special courts and quasi-judicial bodies shall remain effective
except those now falling under exclusive and concurrent unless disapproved by the Supreme Court.
jurisdiction of Sandiganbayan
Now, this brings us back to the topic on jurisdiction that once a court
-original jurisdiction in issuance of writs of certiorari, acquires jurisdiction, jurisdiction continues until such time the case
prohibition, mandamus, quo warranto, habeas corpus and fully terminates.
injunction enforceable in any part of their respective
regions What are the offenses that fall under the jurisdiction of
-appellate jurisdiction over all cases decided by MTC within Sandiganbayan?
its territorial jurisdiction
1. Exclusive original jurisdiction in cases involving violations of Anti-
Graft and Corrupt Practices Act and crimes committed by Public
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Officers under RPC where one or more of the accused are officials -It takes cognizance of cases involving public officers committing
occupying the following positions in the Government, whether in a offenses in relation to their public office.
permanent, acting or interim capacity, at the time of commission of
offense. CASES TO READ:

2. Violations of Act Declaring Forfeiture in favor of State of Any -Sandiganbayan v. Plaza

Property found to have been unlawfully acquired by any public officer
or employee -Geduspan v. People

3. Violations of law on bribery in all its forms including corruption of -Serana v. Sandiganbayan
public officers
What about the jurisdiction of the Family Courts? (Family Courts
4. Other offenses or felonies whether simple or complexed, with have the same level with RTC) What are the cases that fall under
other crimes, committed by public officials in relation to their office the jurisdiction of Family Courts?
5. Civil and criminal cases filed pursuant to and in connection with (RA 8369, Section 8)
executive orders referring to the recovery of the supposed ill-gotten
wealth of the late President Marcos, his family and his associates. a. Criminal cases where one or more of the accused is below
18 y/o but not less than 9 or where one or more of the
In fact it is very clear in Serana v. Sandiganbayan, Sandiganbayan
has jurisdiction over felonies committed by public officials in relation victims is a minor at the time of commission of offense
to their office. b. Petitions for guardianship, custody of children, habeas
corpus
-As far as the jurisdiction of the Sandiganbayan is concerned, it is not c. Petitions for adoption of children and revocation thereof
enough that the public officer is occupying a position of Salary Grade d. Complaints for annulment of marriage, declaration of nullity
of 27 in fact even if the official is not occupying a position of Salary of marriage and those relating to marital status and
Grade 27, by virtue of the 2nd paragraph of the provision, a case property relations of husband and wife or those living
against that public official is still cognizable under Sandiganbayan in together
relation to his office. If the law states that a case is cognizable under e. Petitions for support and acknowledgment
the Sandiganbayan, then even if the public official does not occupy a f. Summary judicial proceedings brought under Family Code
position of Salary Grade 27, a case should be filed under of PH
Sandiganbayan. (Serana v. Sandiganbayan) g. Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
In fact there is a case relevant to our topic which is that of Senator
involuntary commitment of children
Leila Delima. The camp of Senator Leila Delima insisted that being a
h. Petitions for constitution of Family Home
senator of the Philippines and definitely she is occupying a position
i. Cases against minors cognizable under Dangerous Drugs
of salary grade 27 or higher, she should therefore be tried before the
Act
Sandiganbayan. Why is it then that the case was filed in the RTC?
j. Violations of Special Protection of Children Against Abuse,
-In Atty Fs perspective: Delima should be tried in the Sandiganbayan. Exploitation and Discrimination Act
As the alleged offense was conducted in relation to her office. k. Cases of domestic violence
Granting arguendo as alleged in the information that she used her
Do all cases undergo barangay conciliation?
position influencing her subordinates which is definitely in relation to
her office. How could she then influence if she is not in power, diba? Generally all cases undergo barangay conciliation except:

Note: Salary grade alone does not determine jurisdiction of the -where one party is the Government or any subdivision or
Sandiganbayan. The Sandiganbayan also has jurisdiction over other instrumentality thereof
officers enumerated in PD 1606. While the first part of Sec.4 (a) of -Where one party is public officer or employee and dispute relates to
the law covers only officials with salary grade 27 and higher, second performance of his official functions
part thereof includes other executive officials whose positions may -Offenses punishable by imprisonment exceeding 1 year or fine
exceeding P5000 (IMPORTANT)
not be with the salary grade 27 and higher but who are by express
-Offenses where there is no private offended party
provisions of the law placed under the jurisdiction of said court. -Where dispute involves real properties located in different cities or
(Geduspan v. People) municipalities
-Disputes involving parties who reside in different barangays, cities or
As far as Sandiganbayan is concerned, what is the important municipalities
thing you should remember? -Other cases which President may determine in the interest of justice
or upon recommendation of Secretary of Justice
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*by filing complaint or information with the Office of

Suppose the case underwent barangay conciliation, what is this Prosecutor
important condition sine qua non before a case may be elevated
to the Court? QUALIFICATION: In Manila and other chartered cities, complaint
-(RA 7160) shall be filed with the Office of the Prosecutor unless otherwise
Before invoking judicial authority shall be allowed, there must be a
provided in their charters.
certification (CERTIFICATE TO FILE ACTION) that is issued by the
proper barangay official that judicial intervention may now be availed
What happens to a complaint if it happened in (Municipality)
of because the desired conciliation or settlement was not reached.
Minglanilla and offense is cognizable with the Municipal Trial
What is the purpose of barangay conciliation? Court, where should you file the complaint as the offended party
-So that the parties may be able to settle arguments at the least or the police officer? What are some qualifications?
expense without any intervention yet from Court.
The first approach there is to determine whether offense requires
Enumerate the cases governed by Summary Procedure? preliminary investigation or not, why? Because if offense requires
(Sec.1, 1991 Rule on Summary Procedure) preliminary investigation or those offenses with penalty of at least 4
-violations of traffic laws, rules and regulations years 2 months and 1 day, then it should be filed under Public
-violations of rental law
Prosecutor for purposes of preliminary investigation. However, if it is
-BP 22 cases
-Violations of municipal or city ordinances an offense cognizable by the Municipal Trial Court and the penalty is
-all other criminal cases where penalty prescribed by law for offense below 4 years 2 months and 1 day then it can be filed directly with
charged is imprisonment not exceeding 6 months or fine not the Municipal Trial Court.
exceeding P1000 or both
-offenses involving damage to property through criminal negligence Take note with 4 years 2 months and 1 day penalty: definitely as a
where imposable fine does not exceed P10,000 rule, when it involves jurisdiction of the Municipal Trial Court there is
no preliminary investigation required however, even if jurisdiction
What court takes cognizance of the cases governed by
is conferred with the Municipal Trial Court as long as the
Summary Procedure?
-Municipal Trial Court penalty involved is at least 4 years 2 months and 1 day, the
applicable rule should be that it must be filed before the Public
What is the objective of summary procedure? Prosecutor, no direct filing with Metropolitan Courts. Why? Because
-The fact that it is called summary procedure. To avoid delays. For the penalty involved becomes material for purposes of preliminary
just and speedy disposition of cases. investigation.

-FAST, FAIR, and CHEAP. Below the penalty, then offended can proceed directly to file
complaint with the Municipal Court unless if it involves Metropolitan
Courts or Courts of Chartered Cities.

RULE 110: PROSECUTION OF OFFENSES SIMPLIFIED:

INSTITUTION OF CRIMINAL ACTIONS GR:

How are criminal actions instituted? Classify whether offense needs PI, if needs PI, then file with proper
officer for conducting PI but if offense does not need PI, file directly
(Section 1, Rule 110) with Municipal Trial Court and Municipal Circuit Trial Court.
Criminal actions are instituted by filing a complaint, instituting a
E:
criminal prosecution however depends upon whether or not offense
is one which requires preliminary investigation. Although offense may be under jurisdiction of MTC as long as
-For offenses where preliminary investigation is required, criminal penalty involved is at least 4 years 2 months and 1 day, applicable
action is instituted by filing a complaint with the proper officer for rule should be that it shall be filed before Public Prosecutor as it is
the purpose of conducting preliminary investigation. [CASES cognizable already under RTC
COGNIZABLE UNDER RTC] EE:
-For offenses not requiring preliminary investigation, criminal action is If below the penalty of 4 years 2 months and 1 day then offended
instituted in 2 ways: may file directly to MTC UNLESS charters of the said chartered cities
provides.
*by filing complaint or information directly with Municipal
Trial Court and Municipal Circuit Trial Court
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that irrespective whether offense charged is punishable by RPC or by

FOR EMPHASIS: There is no direct filing in cases that fall under
special law, it is the filing of complaint or information in Office of
the jurisdiction of the Regional Trial Court and the Metropolitan
Public Prosecutor for purposes of preliminary investigation that
Manila Trial Court and other Chartered Cities because it has still
interrupts the period of prescription.
to be processed through the Public Prosecutor.
What is prescription period of an offense? [PRESCRIPTION OF
CRIME NOT PRESCRIPTION OF PENALTY]

Prior to the institution of complaint what is important when it It is the forfeiture or loss of the right of State to prosecute the
comes to application of criminal procedure? What will set in offender after the lapse of certain time. (Article 89, Book 1, RPC)
motion the criminal procedure?
What is the purpose of providing a prescription period of
The commission of the crime, reporting to police authorities that instituting a criminal action?
crime has been committed, and the investigation process.
To make sure that the State does not abuse its right to prosecute
What is a complaint? alleged offenders. State is at no liberty to file cases at any given time
under its whims and caprices.
It is a written sworn statement charging a person with offense,
subscribed by offended party, any peace officer, or other public Cases to read:
officer charged with enforcement of law violated. (Section 3, Rule
110) -Sanrio Company Limited v. Lim

Can a police officer file a complaint before the public -Zaldivia v. Reyes
prosecutors office or is it strictly only the offended party?

Yes, the public prosecutor can file a complaint as succinctly provided

Question: Regarding jurisdiction, the place where crime is
under Section 3, Rule 110, subscribed by any peace officer
committed alleged in the complaint however, during trial it was
Is it necessary for police officers to investigate all criminal found that crime was committed in different place instead, what
offenses? happens to the case? Will it be dismissed?
No, as it is provided for by law that the offended party may directly
No. As long as it is within the territorial jurisdiction of the Court then
file with the Office of the Prosecutor in order to institute a complaint.
Court which acquires first jurisdiction can take cognizance all
Suppose a crime was committed within the territorial throughout the proceeding until the termination of the case as long as
jurisdiction of Cebu City, can the offended party initiate a jurisdiction is not an essential element of the crime.
criminal complaint directly with the Public Prosecutor? Or
Question: When the Court loses jurisdiction over the case, the
should he first undergo police investigation process?
decisions made and the proceedings becomes null and void,
Yes. will the case be automatically dismissed?

Can a regional director, for example the director of DENR or the The Court cannot dismiss motu proprio. Remember, you have
forest marshals of DENR initiate a criminal complaint before the motion to quash under Rule 100. The Court cannot in its own
Public Prosecutors office against offender for violation of the instance outrightly dismiss there must be a proper motion filed by the
environmental law? accused. However, despite the finding out of no jurisdiction over the
case and Court proceeded with case and accused did not do
Yes, as per provided under Section 3, Rule 110, subscribed by anything, then accused is therefore estopped in questioning the
other public officer charged with enforcement of law violated. jurisdiction. (See: Rule 117, Rules of Criminal Procedure)

What is the effect of filing a criminal complaint in the Public What is an information?
Prosecutors office or with Court?
It is an accusation in writing charging a person with an offense,
Aside from initiating the case, it interrupts the running of the subscribed by the prosecutor and filed with the Court. (Section 4,
prescription period of the offense charged unless otherwise provided Rule 110)
by law.
Note: Filed with Court should be highlighted because even if the
*Even filing criminal complaint in Office of Ombudsman effectively information or complaint is already signed by the Prosecutor but was
interrupts running of prescriptive period. The prevailing rule therefore,
8 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

not filed in court the information or complaint remains to be a written should be convicted of what was been proven under the information
accusation. and not the title.

What is the distinction between a complaint and information? Another example, in the title is murder but what was alleged was that
there was no qualifying circumstance which would qualify killing to
SIMILARITIES OF DIFFERENCES BETWEEN COMPLAINT murder then definitely, accused cannot be convicted by murder but
COMPLAINT AND INFORMATION can only be convicted with at least homicide because it is essential
INFORMATION
that both the qualifying and aggravating circumstances must be
COMPLAINT INFORMATION
alleged in the complaint or information to fulfill the due process
-Subscribed by the requirement.
offended party, any -Subscribed by the
peace officer, or Prosecutor Why is it important to allege the qualifying and aggravating
other public officer circumstances in the information?
charged with the
enforcement of the To implement the constitutional right of the accused to be informed of
Both are written law violated the nature of the offense he allegedly committed.
complaints
-Sworn by the -Need not be under Regarding the designation of the place and the time of the
person who oath since commission of the offense, do we have to allege these in the
subscribed for it Prosecuting Officer complaint or information?
filing it is already
acting under his oath It is not necessary to state in the complaint or information the place
of office
and time of the commission of the offense unless, the said particular
place or said particular time is an essential or a material ingredient of
When is a complaint sufficient? the offense charged. (Secs. 10 and 11, Rule 110) Hence you can
merely allege the place and time in general terms.
(Section 6, Rule 110) A complaint is sufficient if it states:
Examples where place is important: violation of domicile and
-name of accused trespass to dwelling.
-designation of offenses given by statute
-acts or omissions complained of as constituting offense Examples where time is important: infanticide, abortion, bigamy
-name of offended party
*When it comes to the date of the commission of the crime as to
-approximate date of commission of offense
changing it, if there is great disparity as to date between the original
-place where offense was committed
and the one that will placed in its stead, then such change pertains to
a substantial one and not merely a formal one. Thus will violate right
Do you need to cite the specific provision of law in order that
of accused to due process.
the complaint is sufficient in form and substance? For example,
the crime committed was homicide; do you actually need to cite Is it necessary that the name of the offended party be alleged in
that the crime committed was homicide? the information?
Yes in order to correctly accuse the offender of the crime he Yes, the complaint or information must state the name and surname
committed. Although a succeeding section under Rule 110 is the of person against whom or against whose property the offense was
designation of proper offense, such designation of offense is not committed, or any appellation or nickname by which such person has
controlling as to sufficiency of the complaint as it is the allegations in been or is known (Section 12, Rule 110)
the complaint or information which is controlling. In fact, when there
is conflict between the title or nomenclature of crime and the Also, a complaint or information is deemed sufficient if it states the
allegations stated in the information, the allegations should be the name of the offended party along with other things necessary to be
controlling factor. Why? It is in the allegations which will determine stated as provided under Section 6, Rule 110.
the jurisdiction of the court and the specific crime committed not the
title. Titles are weak indicators, thus it is the body. What happens when offended partys name is unknown in
offenses against property?
Even if the case is homicide but what was alleged is not homicide,
but reckless imprudence and what was indeed proven during trial Property must be described with such particularity as to properly
was reckless imprudence resulting to homicide then the accused identify the offense charged.
9 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

Control of Prosecution Control of Court

Before the filing of case in court, After the filing of case in Court,
PROSECUTION OF CRIMINAL ACTIONS Prosecution has control over: Court has control over the:
what to file, whom to prosecute, suspension of arraignment,
Who must prosecute criminal actions? whether to conduct reinvestigation, prosecution by
reinvestigation. prosecutor, dismissal or
All criminal actions either commenced by a complaint or information -Right to prosecute vests the withdrawal of case, downgrading
shall be prosecuted under the direction and control of public prosecutor with wide range of of offense or dropping of
prosecutor. (Section 5, Rule 110) discretion of whether, what and accused even before the plea,
whom to charge, exercise of and review of Secretarys
Why is it that it is the public prosecutor who is given the which depends on variety of recommendation and reject if
factors. there is grave abuse of
mandate to prosecute criminal actions and not private offended
discretion.
party nor the police? -Court has the sole discretion
As the public prosecutor represents People of the Philippines and as to the outcome of the case
since a criminal offense is considered an outrage against the as it already assumed
sovereignty of the State. jurisdiction over the case

What does control of the public prosecutor encompass?

Can a private prosecutor be given the task to prosecute criminal
- determine whether probable cause exists
cases?
- decide which conflicting testimonies should be believed
free from interference or control of offended party Yes, a private prosecutor may prosecute criminal actions in case of 1)
- subject only to the right against self-incrimination, heavy workload schedule of public prosecutor or 2) in the event of
determine which witnesses to present in Court lack of public prosecutors by authorization in writing by the Chief
- has a wide range of discretion of whether, what and whom Office Prosecutor or Regional State Prosecutor. (Section 5, Rule 110)
to charge, exercise of which depends on factors which are
best appreciated by Prosecutors Can the authority given to a private prosecutor to prosecute a
- as well as the manner the prosecution should be criminal case be withdrawn anytime?
conducted
Yes, although the private prosecutor is authorized to prosecute
What do you understand with private crime and public crime? criminal cases and such authority continues until the end of trial,
such authority may be revoked or withdrawn or by actual intervention
The vital and essential distinction between public and private crimes by the Public Prosecutor.
was the control which in private crimes the injured person had over
the criminal liability and responsibility of the offending person. Remember even with that written authority, anytime that the
Prosecutor believes that he should takeover then that authority may
Private crimes cannot be prosecuted except upon complaint filed by be removed at any time because after all, institution of criminal
aggrieved party. This is to give deference to the offended party who actions is under the control of the public prosecutor as crimes are
may prefer not to file case instead of going through a scandal of deemed committed as social injury against the State the public
public trial. Public crimes however are those crimes committed prosecutor acting as representative of State has the general power
against the public that upon the commission of the said crime, as to institutions of criminal actions. Such authority given to private
offender outraged the sovereignty of the State. prosecutor merely serves as an exemption to the rule that it is the
Public Prosecutor who institutes criminal actions.
Private crimes: adultery and concubinage
Public crimes: murder, robbery, crimes against persons
[!!!] The police officer can subscribe a criminal complaint, yes or
What about control of the Court? Does the Court have a certain no?
control over the criminal case filed in the particular court?
Yes.
Differentiate control of Prosecution and control of Court.
What about the offended party?
Yes, once the case is filed in Court the Court acquires jurisdiction
over the said case until its termination. Yes.
10 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

Will you agree with me that even if the offended party does not As the prosecution, can you not tell the judge to accept the
execute an affidavit, the police officer can proceed as to the motion?
filing of the complaint with the public prosecutors office or
directly with the Court as the case may be? No. Once the complaint or information is filed in Court, although he
does not lose the power to prosecute but all motions should
Yes, as succinctly provided under Section 3, Rule 110 a complaint already be addressed to Court as the Court has already the sole
may be subscribed by the offended party, any peace officer, or other discretion on what to do with the case to grant or not to grant. This
public officer charged with the enforcement of law violated. Therefore, does not mean however that it diminishes the power of the
the police officer being one of those enumerated who may subscribe Prosecutor to prosecute.
a complaint may very well proceed to the filing of complaint even
without the offended party executing an affidavit. What determines the jurisdiction of the Court: the designation of
the offense, the nomenclature or the recital of the facts as
Is there no distinction as to such rule that the police officer may alleged in the information?
proceed with the filing of complaint in relation to the type of
crime committed? It is the recital of the facts as alleged in the information.

Yes there is. As to private crimes, a complaint shall only be Suppose there is a conflict between the title and as alleged in
prosecuted by the offended party as it cannot be prosecuted de the information, which should prevail?
officio. As to public crimes, a complaint may be prosecuted by the
The allegations in the information should prevail.
Public Prosecutor even without the execution of affidavit by the
offended party. As public prosecutor, you are bound as to what?
Why is there such distinction? The allegations stated in the information.
Because as to private crimes the injury is personal to the offended How important are the allegations in the information as far as
party while in public crimes, injury is for the whole sovereign. the accused is concerned?
Will you agree with me that the filing of an affidavit complaint by The allegations state the charges against the accused. It enables the
the so-called offended party is a jurisdictional requisite in the accused to know the charges against him in response to the due
sense that it is necessary that the offended party should file process clause afforded to accused persons.
herself/himself the affidavit complaint?
Suppose accused was charged with murder but during the trial
It depends upon the crime committed. the prosecution presented a qualifying circumstance of
treachery, as the Judge will you allow the prosecution to prove
What are the instances to describe control of the Court once the
the qualifying circumstance?
information is already filed in Court?
No, the qualifying and aggravating circumstances should be alleged
After the filing of case in Court, Court has control over the:
in the complaint. This will allow violations to right of due process of
suspension of arraignment, reinvestigation, prosecution by
the accused.
prosecutor, dismissal or withdrawal of case, downgrading of offense
or dropping of accused even before the plea, and review of For example the title is homicide but the body, the recital of
Secretarys recommendation and reject if there is grave abuse of facts, indicates that the accused committed the crime of murder
discretion. and that after the arraignment the public prosecutor sends that
there is a mistake in the title and merely erases homicide and
Once a case has already been filed in Court, the Court acquires the
replaces it with murder. Will it amount to a substantial
sole discretion on what to do with the case.
amendment? No, as the change done was merely formal because
Suppose the public prosecutor moved to withdraw the between the title and the allegations, the allegations are controlling.
information is the judge bound by that motion of the public
*Allegations show what offense is charged against accused and that
prosecutor?
it determines the jurisdiction of the Court.
No, since the control of prosecution has already ended upon the filing
of the complaint hence, upon the filing of the complaint or the
information the Court already acquires jurisdiction over the case,
therefore, the Court cannot be bound by the motion of withdrawal by
the public prosecutor.
11 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

No. Only those offenses that were proven during trial can the Court
Take note of case: Pp v. Feliciano, Jr.:
convict the accused with.
The test of sufficiency of Information is whether it enables a person of
What happens then to the offenses that were not proven during
common understanding to know the charge against him, and the court to
render judgment properly. The purpose is to allow the accused to fully trial despite the fact of non-waiver of non-duplicity of offenses?
prepare for his defense, precluding surprises during the trial.
Although there was failure on the part of the accused to exercise his
It should be remembered that every aggravating circumstance being right against non-duplicity of offenses, the Court cannot automatically
alleged must be stated in the information. Failure to state an aggravating convict the accused with the offenses merely alleged in the
circumstance, even if duly proven at trial, will not be appreciated as such. information. Offenses should be proven against the accused and only
It was, therefore, incumbent on the prosecution to state the aggravating those offenses should the accused be convicted with. Allegation is
circumstance of "wearing masks and/or other forms of disguise" in the not synonymous with proof.
information in order for all the evidence, introduced to that effect, to be
admissible by the trial court. ALLEGATION + PROOF= JUDGMENT

*Take note: Section 3, Rule 120

What is the rule on duplicity of offenses?
What is the remedy of the accused once a complaint or
There must only be one offense charged in the complaint or information is duplicitous?
information except when law prescribes a single punishment for
To file a motion to quash on the ground of duplicity of offenses.
various offenses. (Section 13, Rule 110)
EXCEPTION TO THE RULE AGAINST DUPLICITY
What is the rationale behind non-duplicity of offenses?
A complaint or information may contain two or more offenses when
- The right of the accused to due process which is to be
law prescribes single punishment for various offenses as those in
informed of the charges as well as the nature of the offense
complex and compound crimes treated under Article 48 of RPC
against him also plays a great role.
- Also, for the accused to properly prepare for his defense
and prevent surprises Article 48, RPC: When a single act constitutes two or
more grave or less grave felonies (compound crime), or
When is there duplicity of offenses? When do you consider a when offense is a necessary means for committing the
complaint or information to be duplicitous? other (complex crime), the penalty for the most serious
crime shall be imposed.
The complaint or information is duplicitous if it charges two or more
different or distinct offenses such that the accused cannot be
apprised of his right to be informed.

Can this rule on non-duplicity of offenses be waived by the 1) Single Act constitutes two or more grave or less grave
accused? If yes, how will the accused waive it? felonies [Penalty for the most serious offense shall be
applied in its maximum]
Yes, the accused may waive it. He waives his right against non-
duplicity of offenses if he does not timely interpose an objection Example: Boang nihagis ug Granada naay namatay naay
through motion to quash before arraignment. nasamad and wound was mortal. You are the public
prosecutor; your charge will be murder with multiple
What happens if accused did not file a motion to quash on the attempted murders. Why cant you separate the charges?
ground of duplicity of offenses in the complaint or information? What is the reason for the said charge? Because there was
only one act, a single act committed of throwing a grenade.
If he did not file a motion to quash, the Court may convict him of as
Now, does this violate duplicity of offenses? Remember:
many offenses as are charged and proved, and imposed on him the
murder should be treated separately with attempted murder
penalty for each offense.
as one is consummated while the other is still in attempted
Suppose information charges two or more offenses, the stage.
accused did not object; during the trial, prosecutor only proved
one offense thinking that the rest of the charges follows, as the No, it does not violate rule against duplicity of offenses as
Court can you convict the accused of the offenses that were the law provides a single punishment for various offenses
alleged in the information? such as those in Article 48 thats why as prosecutor, you
can allege it in one information.
12 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

AMENDMENT OR SUBSTITUTION OF COMPLAINT OR

2) Offense is necessary means for committing the other INFORMATION
[Penalty for the most serious offense shall be applied in its
maximum] What is an amendment? (Section 14, Rule 110)
-The accused cannot commit the other crime if he will not
An amendment is the correction or alteration of an error or an
perform this particular act. (two offenses then)
omission in a complaint or an information.
Example: Forcible abduction with rape; the accused cannot What degree of change is necessary to consider it as an
of course perpetrate rape without first forcibly abducting amendment? Amendment may be as to what:
victim. So, to consummate crime of rape, he first has to
forcibly abduct the girl. How many crimes are then There are two classes of amendment:
committed? TWO: One for forcible abduction and the other
for rape. 1) Formal Amendment , 2) Substantial Amendment

What is a formal amendment?

3) Compound crime
An amendment is considered to be formal when such change does
How do you describe compound crime? In substance, it is made up
not change the nature of the crime alleged therein or does not in any
of two or more crimes like robbery with homicide but in the eyes of
way affect the essence of the offense, and cause surprise.
the law there is only one crime committed.
~Why, what happens if there is a change of allegation, will that be
What happens then to the crime on homicide? Homicide should not
allowed? Then it will be deemed as substantial amendment and will
be treated as separate offense. Homicide as well is not deemed to be
be detrimental to the rights of the accused.
absorbed. As long was homicide was committed on the occasion by
reason of robbery bisan pa mag-una ang homicide sa pag-allege. Cite an example regarding formal amendment.
However, if homicide was a mere afterthought? Then homicide then
shall be treated separately. - Changes to dates which are not in great disparity as to
original allegation of date from changed one.
Another example, kidnapping with homicide. If we go by the rule they - Allegations which relate only to range of penalty that court
should be treated differently but why can they be lobbed in one might impose
information? Because homicide here characterizes the violence that - Amendments that do not adversely affect any substantial
is employed while in the course of kidnapping. However, if the one right of accused
who is dead is another person other than the victim then you shall
have two informations. What is a substantial amendment?

Other examples would be kidnapping with intentional mutilation, If the change alters the basis of the charge in information that may
kidnapping with rape, arson with murder, malversation through result in prejudicing the accused. This amendment shall not be
falsification of documents. All of these are under one information. allowed during trial where accused has already made his plea.
(Bottomline is: know the criminal intent of offender)
Example: Change in theory of case
4) Delito Continuado
When is amendment allowed?
You should bear in mind that it is allowed under one information as a
point to remember. There is only one criminal impulse but there are Amendment must be done before entering plea, such amendments
several acts committed. What is delito continuado? It is a series of may be in formal or substantial without the need for leave of court.
acts arising from only one criminal impulse. However, there are instances where amendments may still be
allowed even after accused enters his plea and during trial. The kind
Example: Pp v. De Leon (theft of roosters), Santiago v. Garchitorena of amendment to be made shall only be formal as it may prejudice
(Miriam Defensor case) the rights of accused and must be made under two conditions:

- Leave of court must be secured

- Amendment does not cause prejudice to rights of the
accused

Exemption to the exemption is substantial amendment may be made

even after arraignment as long as it is beneficial to the accused.
13 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

4. An amended information refers to

the same offense charged in the original
What is the relevance of leave of court as to amendment? information or to an offense which necessarily
includes or is necessarily included in the original
If amendment is made before accused enters his plea, complaint or charge, hence substantial amendments to the
information may be amendment in form or in substance without need information after the plea has been taken cannot
for leave of Court however, leave of court may be required even if be made over the objection of the accused, for if
the original information would be withdrawn, the
amendment is made before plea if:
accused could invoke double jeopardy. On the
other hand, substitution requires or presupposes
- Amendment downgrades nature of offense charged
that the new information involves a different
- Amendment excludes any accused from complaint or offense which does not include or is not
information necessarily included in the original charge, hence
the accused cannot claim double jeopardy.

Is amendment after arraignment a matter of right or not? In determining, therefore, whether

there should be an amendment under the first
No, its not a matter of right anymore thats why you leave of Court. paragraph of Section 14, Rule 110, or a
substitution of information under the second
What is substitution? paragraph thereof, the rule is that where the
Involves substantial change. second information involves the same offense, or
an offense which necessarily includes or is
A complaint or information may be substituted if at any time before necessarily included in the first information, an
judgment, it appears that a mistake has been made in charging amendment of the information is
sufficient; otherwise, where the new information
proper offense, and accused cannot be convicted of offense charged
charges an offense which is distinct and different
or of any other offense necessarily included therein, provided that he from that initially charged, a substitution is in
will not be placed in double jeopardy. order.
In the present case, the change of the offense charged from
Take note: Pacoy v. Cajigal Homicide to Murder is merely a formal amendment and not a
substantial amendment or a substitution as defined in Teehankee.
(case is about changing of homicide to murder, killing of police
officer)

Distinction between amendment and substitution: While the amended Information was for Murder, a reading of the
Information shows that the only change made was in the caption of
It may accordingly be posited that both
the case; and in the opening paragraph or preamble of the
amendment and substitution of the information
may be made before or after the defendant Information, with the crossing out of word Homicide and its
pleads, but they differ in the following respects: replacement by the word Murder. There was no change in the recital
of facts constituting the offense charged or in the determination of the
1. Amendment may involve either jurisdiction of the court.
formal or substantial changes, while substitution
necessarily involves a substantial change from Take note: Teehankee v. Madayag
the original charge;
On July 19, 1991 an information for the crime of frustrated
2. Amendment before plea has been
entered can be effected without leave of court, murder was filed against Claudio Teehankee Jr. allegedly committed
but substitution of information must be with leave to Maureen Navarro Hultman.
of court as the original information has to be
dismissed;
After the prosecution had rested its case, the petitioner
3. Where the amendment is only as to moved for leave to file a demurrer to evidence, but before the motion
form, there is no need for another preliminary was filed, the victim died. So, the private prosecutor filed an omnibus
investigation and the retaking of the plea of the
motion for leave of court to file the amended information. The
accused; in substitution of information, another
preliminary investigation is entailed and the amended information filed on October 31, 1991 charges Teehankee
accused has to plead anew to the new of murder.
information; and
14 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

The trial court admitted the amended information. During substantial right of the accused, such as his right to invoke
the arraignment, the petitioner refused to be arraigned on the prescription.
amended information contending the lack of a preliminary
investigation thereon. The judge, then, ordered the plea of "not guilty" Going now to the case at bar, it is evident that frustrated
be entered for petitioner. The prosecution was ordered to present its murder is but a stage in the execution of the crime of murder, hence
evidence. The petitioner's counsel manifested that he did not want to the former is necessarily included in the latter. It is indispensable that
take part in the proceedings because of the legal issue raised. So, the essential element of intent to kill, as well as qualifying
the trial court appointed a counsel de officio to represent the circumstances such as treachery or evident premeditation, be
petitioner. alleged in both an information for frustrated murder and for murder,
thereby meaning and proving that the same material allegations are
The petitioner now seeks, among other things, for the SC essential to the sufficiency of the informations filed for both. This is
to nullify the respondent judge's admittance of the amended because, except for the death of the victim, the essential elements of
information, and to compel the judge to order preliminary consummated murder likewise constitute the essential ingredients to
investigation of the crime charged in the amended information. convict herein petitioner for the offense of frustrated murder.

Issue: Whether or not an amended information involving a In the present case, therefore, there is an identity of
substantial amendment, without preliminary investigation, after the offenses charged in both the original and the amended information.
prosecution has rested on the original information, may legally and What is involved here is not a variance in the nature of different
validly be admitted. offenses charged, but only a change in the stage of execution of the
same offense from frustrated to consummated murder. This is being
Held: Yes. Section 14, Rule 110 of the 1985 Rules on Criminal the case, we hold that an amendment of the original information will
Procedure provides: suffice and, consequent thereto, the filing of the amended information
for murder is proper.
Sec. 14. Amendment. The information or complaint may be
amended, in substance or form, without leave of court, at any time
Distinction between amendment and substitution
before the accused pleads; and thereafter and during the trial as to
all matters of form, by leave and at the discretion of the court, when AMENDMENT SUBSTITUTION
the same can be done without prejudice to the rights of the accused. -Involve either formal or -Necessarily involves substantial
substantial changes change from original charge

If it appears at any time before judgment that a mistake has -If entered before plea, can be -Must be with leave of Court as
been made in charging the proper offense, the court shall dismiss the effected without leave of court original information has to be
original complaint or information upon the filing of a new one dismissed
charging the proper offense in accordance with Rule 119, Section 11, -If only as to form, there is no -Another PI is entailed and
provided the accused would not be placed thereby in double need for another PI and retaking accused has to plead anew
jeopardy and may also require the witnesses to give bail for their of plea
appearance at the trial.
-Refers to same offense charged -Requires or presupposes that
in original information or to new information involves a
A substantial amendment consists of the recital of facts offense which necessarily different offense which does not
constituting the offense charged and determinative of the jurisdiction includes or is necessarily include or is not necessarily
included in original charge included in original charge;
of the court. All other matters are merely of form. 11 Thus, the hence accused cannot claim
following have been held to be merely formal amendments, viz: (1) double jeopardy.
new allegations which relate only to the range of the penalty that the
court might impose in the event of conviction; 12 (2) an amendment
which does not charge another offense different or distinct from that
charged in the original one; 13 (3) additional allegations which do not
alter the prosecution's theory of the case so as to cause surprise to
the accused and affect the form of defense he has or will assume;
and (4) an amendment which does not adversely affect any
15 CRIMINAL PROCEDURE| ATTY. FERNANDEZ | STRICTLY CONFIDENTIAL

RULE 111: PROSECUTION OF CIVIL ACTION Death of accused during Civil liability based on crime
appeal shall be extinguished but civil
Is the offended party allowed to intervene in criminal cases? liability based on law,
contract, quasi-contract and
Yes, on the basis of civil liability aspect of the criminal case. Since, quasi-delict will proceed and
may be enforced against
offended party suffered injury as result of offense where civil action
estate or legal representative.
for recovery of civil liability is instituted in criminal action.

Are there instances where offended party is not allowed to What is a prejudicial question?
intervene?
It is one which involves an issue in civil action which was pending
Yes. when the criminal action was instituted. It is based on a fact distinct
and separate from the crime but so intimately connected that it
Is there a possibility that a criminal case has no offended party?
determines the guilt or innocence of accused.
Yes. Examples are espionage, violation of neutrality, flight to
enemys country, crimes against popular representation as well as
perjury.

What is the rule then pertaining to institution of criminal and

civil action? (Section 1, Rule 111)

The general rule is that when a criminal action is instituted, civil

action for recovery of civil liability arising from offense charged under
Article 100 of RPC shall be deemed instituted with the criminal action.

What is the rationale of Section 1, Rule 111?

Article 100 of the Revised Penal Code: Every person criminally liable
for a felony is also civilly liable.

Are there instances where civil action is not deemed instituted

with the criminal action?

In cases in violation of Articles 32, 33, 34, 2176

When is reservation necessary?

When offended party files separate civil action if he doesnt want to

institute it together with the criminal action. Although the rule
provides that when a criminal action is deemed instituted the civil
action for recovery of civil liability is as well deemed instituted with
the criminal action but it doesnt also prevent offended party from
filing a separate and independent civil action arising from the crime
but for this to happen, offended party has to reserve such action as it
is required.

What is the effect upon the death of the accused?

Death of accused before Case shall be dismissed

arraignment without prejudice to offended
party filing civil action against
estate or legal representative
of accused
Death of accused after Extinguishes criminal liability
arraignment and during trial as well as civil liability arising
from said crime but
independent civil actions may
be instituted against estate