Criminal Procedure|Reference: Riano 2016  Date of the commission of the offense

 Place where the offense was committed

 A constant awareness of the mandatory application of certain
fundamental postulates:
1. In every step of the litigation process, all parties are
entitled to both substantive and procedural due  Complaint or information, the law requires, for the validity of the
process. judgment, that it be filed with the court which exercises jurisdiction
2. Criminal prosecutions involve the obligation of the over the offense charged. Jurisdiction over the subject matter
State to prove the elements of the crime charged as conferred by law. This means that it is the law, not the Rules of
beyond reasonable doubt. Court, which designates the court which has jurisdiction over a
3. Compliance with the rules is not an end in itself. It particular offense. That same jurisdiction is determined by the
is merely a means of dispensing the ultimate allegations of the complaint or information (That means the cour
objective of every legal system, i.e. justice. will have to examine the complaint or information for the purpose o
ascertaining whether or not the facts set out therein, as well as the
punishment provided for by law for such acts fall within its
jurisdiction).
 A criminal offense is deemed to have been committed against the
entire social order, the complaint is filed in the name of the
“People of the Philippines”.
 Jurisdiction over the territory is another type of jurisdiction to be
considered.

 Filing of a written complaint or information in court is a necessary  Jurisdiction over the place of the commission of the offense
condition to the adjudication of a criminal action.  Criminal action be filed in the place where the offense was
 If it is a complaint – it is a sworn written statement subscribed committed or where any of its essential ingredients occurred
by the persons mentioned in the Rules
 If it is an information – it is a written accusation subscribed by
the prosecutor
 Jurisdiction over the person of the accused. For the court to
acquire this jurisdiction, the accused must have been validly
arrested or must have voluntarily submitted himself to the
 Complaint or information contain certain matters vital to its jurisdiction of that court. Without this jurisdiction, no valid
sufficiency: judgment may be rendered against the accused.
 Name of the accused
 Name of the offended party
 Designation of the offense charged
 Cause of accusation
 Aggravating and qualifying circumstances

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 Application of the substantive law principle that “every person Goal of Criminal Procedure
criminally liable for a felony is also civilly liable.”
 When a criminal action is instituted, the civil action for the  Protecting individual rights, reconciling constitutional and statutory
recovery of the civil liability arising from the offense charged doctrines.
shall also be deemed instituted with the criminal action.  Imposing task of balancing clashing societal interests primarily
 The rule is not absolute one because the implied institution of between those of the government and those of the individual.
the civil action will not apply when the offended party waives  Harmonizing the governmental functions of maintaining peace and
the civil action. order and protecting the constitutional rights of its citizens.
 Reserves the right to institute the same separately, or System of Procedure
 Institutes the civil action prior to the criminal action
 Independent civil action is not deemed instituted with the  Adversarial or Accusatorial System
offense charged even if it arises from the same act or omission  System of procedure in our jurisdiction
constituting the said offense.  It contemplates two contending parties before the court which
 It is entirely separate source of liability hears them impartially and renders judgment only after trial.
 It proceeds independently of the criminal proceedings  The judge is not permitted to act as an inquisitor who pursues
and regardless of the results of the latter his own investigation and arrives at his own conclusion ex
 The rule cautions that the offended party cannot parte.
recover damages twice for the same act or omission  The system has two-sided structure consisting of the
charged in the criminal action prosecution and the defense where each side tries to convince
the court that its position is the correct version of the truth.
 In this system, the court has a passive role and relies largely
on the evidence presented by both sides to the action in order
Concept of Criminal Procedure
to reach a verdict.
 The network of laws and rules which governs the procedural  Inquisitorial System
administration of justice.  The court plays a very active role and is not limited to the
 Rules and processes by which the criminal laws are enforced and evidence presented before it.
by which the State prosecutes persons who violate such laws.  The court may utilize evidence gathered outside the court.
 It is a procedural law, that provides or regulates the steps by  A judge or a group of judges actively participates in the
which one who committed a crime is to be punished (People vs. gathering of facts and evidence instead of passively receiving
Lacson 400 SCRA 267,306). information or evidence from the parties.
 Lays down the processes by which an offender is made to answer  The judge steers the course of the proceeding by directing and
for the crime he committed. supervising the gathering of the evidence and the questioning
 Prescribe the methods and processes by which the offender is of the witnesses to the case.
made accountable for the crime.  The counsels have less active roles.

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Liberal Interpretations of the Rules on Criminal Procedures

 Sec. 6, Rule 1, ROC: shall be “liberally construed in order to  Jurisdiction over the person of the accused
promote their objective of securing a just, speedy and inexpensive  Authority of the court over the person charged.
disposition of every action and proceeding”  Requires that “the person charged with the offense must
 Cariaga v. People, 626 SCRA 231,236: “The Supreme Court, in have been brought into its forum for trial, forcibly by
granting the petitioner’s prayer, held that since the appeal involved warrant of arrest or upon his voluntary submission to the
a criminal case and the possibility of a person being deprived of court.
liberty due to a procedural lapse is great, a relaxation of the rule  It is the arrest of the accused of his voluntary submission
was warranted. The Court emphasized the need to view rules of to the court which enables said court to acquire jurisdiction
procedure as tools to facilitate the attainment of justice, such that over his person.
any rigid a strict application thereof, which results in technicalities  Jurisdiction over the territory
tending to frustrate substantial justice, must always be avoided.”  In criminal cases, venue is jurisdictional and a court is
bereft of jurisdiction to try an offense committed outside its
limited territory.
Requisites before the Court can acquire jurisdiction over  The place where the crime is committed determines not
criminal cases only the venue of the action but is essential element of
jurisdiction.
1. Jurisdiction over the subject matter  Fundamental rule in criminal cases: The offense should
2. Jurisdiction over the territory have been committed or any of its essential ingredients
3. Jurisdiction over the person of the accused should have taken place within the territorial jurisdiction of
the court.
 The territory where the court has jurisdiction to take
cognizance or to try the offense allegedly committed
 Jurisdiction over the subject matter
therein by the accused.
 The authority of the court to hear and determine a
 If the evidence adduced during the trial shows that the
particular criminal case.
offense was committed somewhere else, the court should
 Jurisdiction over the offense charged.
dismiss the action for want of jurisdiction.
 Authority to hear and try a particular offense and impose
 Venue of criminal cases either in the court of the
the punishment for it or that the offense is one which the
municipality or territory (Sec 15(a) and Sec 10, Rule 110,
court, by law, authorized to take cognizance of (Antiporda
ROC):
Jr. vs Garchitorena, 321 SCRA 551,558)
 Where the offense was committed
 Where any of its essential ingredients occurred

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Criminal Jurisdiction How jurisdiction is determined

 The authority to hear and try a particular offense and impose the  Jurisdiction over a criminal case is determined by the allegations
punishment for it (Antiporda v Garchitorena) in the complaint or information
 The power to deal with the general subject involved in the action,  The court must look into the allegations of the written
and means not simply jurisdiction over the particular case but accusation for it to know whether or not, it has a jurisdiction
jurisdiction of the class of cases to which the particular case over the offense charged therein
belongs.  It is settled that the jurisdiction of the court in criminal cases is
 Jurisdiction is a question of law, the right to act or the power and determined by the allegations of the complaint or information
authority to hear and determine a cause. and not by the findings based on the evidence of the court
 The power and authority to hear and determine issues of after trial (Mobilia Products v Umezawa, 452 SCRA 736, 761-
facts and of law 762)
 The power to inquire into the facts,  The allegations clearly indicate the alleged commission of the
 To apply the law, crime of murder. Murder is a crime punishable under Art. 248
 To pronounce the judgement of the RPC and is within the jurisdiction of the RTC. Hence,
irrespective of whether the killing was actually justified or not,
jurisdiction to try the crime charged against the respondents is
CRIMINAL JURISDICTION OVER THE SUBJECT MATTER vested upon the RTC by law (Rapsing v Ables. 684 SCRA
195, 200-201)
How jurisdiction is conferred  Only the allegations in the complaint or information constitute the
guideposts in determining the jurisdiction of the court (disregarding
 It is the law that confers jurisdiction and not the rules. the defences of the accused or whatever evidence is presented
 Cannot be conferred/acquired by: during the trial).
 consent of any or all of the parties
 a waiver Use of Imposable Penalty
 acquiescence of the court
 unilateral assumptions  In criminal prosecutions, jurisdiction is not determined by the
 administrative policy of any trial courts penalty actually imposed after trial but by the penalty imposable by
 an erroneous belief of the court that it had jurisdiction law on the offense.
 Conferment of jurisdiction cannot be presumed  If the allegations of the information charge the accused with an
 It must be clear from the provision of the law offense within the jurisdiction of the RTC because the imposable
penalty exceeds 6 years, that court has jurisdiction even if the
 It must appear from the statute
 Absence a statutory grant, the assumption of jurisdiction penalty imposed by said court, after trial, is imprisonment less
cannot be justified by convenience or assumed justice or than six years.
propriety (De Jesus v Garcia, 19SCRA 554,559)

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Statute applicable to a criminal action jurisdiction (Antiporda v Garchitorena)
 After voluntarily submitting a cause and encountering
 By the law in effect at the time of the commencement of a an adverse decision on the merits, it is too late for the
criminal action rather than by the law in effect at the time of the loser to question the jurisdiction or power of the court.
commission of the offense charged (People v Lagon, 185 SCRA
 Sound public policy bars one from doing so after their
442,446). Neither by the law in force during the arraignment of the
having procured that jurisdiction, speculating on the
accused (Palana v People, 534 SCRA 296, 302)
fortunes of litigation (People v Munar)
 In criminal cases, the jurisdiction of the court is determined by the
 Doctrine of estoppel is an exception and not the general rule. The
averments of the complaint or information, in relation to the law
reviewing court is not precluded from ruling that the lower court
prevailing at the time of the filing of the complaint or information,
had no jurisdiction over the case (Pangilinan v CA)
and the penalty provided by law for the crime charged at the time
 Estoppel in questioning the jurisdiction of the court is only
of its commission (Asistio v People GRNo200465)
brought to bear when not to do so will subvert the ends of
 To try a criminal case is determined by the law in force at the time
justice.
of the institution of the action (Palana v People)
 Whenever the question of jurisdiction is put to front, courts
should not lightly brush aside errors in jurisdiction especially
when it is liberty of an individual which is at stake.
Principle of adherence of jurisdiction/continuing jurisdiction

 Once a court has acquired jurisdiction, the jurisdiction continues

until the court has done all that it can do in the exercise of that
jurisdiction.
 Once the court acquires jurisdiction, it may not be ousted from the
case by any subsequent events
 Only recognizable exceptions to the rule when:
 There is an express provision in the statute
 The statute is clearly intended to apply to actions pending
before its enactment (People v Cawaling, Palana v People)

Objections on jurisdictional grounds

 Objection based on jurisdiction over the subject matter may be

raised motu proprio by the court at any stage of the proceedings
or on appeal
 Limitations on the right to raise issue of jurisdiction:
 A party cannot invoke the jurisdiction of the court to secure
affirmative relief against his opponent and after obtaining or
failing to obtain such relief, repudiate or question that same

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 CRIMINAL JURISDICTION OVER THE PERSON OF THE Being in the custody of the law
ACCUSED
 Is not necessarily under the jurisdiction of the court
How jurisdiction is acquired  It is required before the court can act upon the application for bail,
but is not required for the adjudication of other reliefs sought by
 In criminal proceedings, it is not sufficient for the court to acquire the defendant where the mere application constitutes a waiver of
jurisdiction over the subject matter the defense of lack of jurisdiction over the person of the accused
 The court also needs to acquire the jurisdiction over the person of  One can be under the custody of the law but not under jurisdiction
the accused  Example: When a person arrested by virtue of a warrant files a
 It is acquired upon his arrest or apprehension, with or without motion before arraignment to quash the warrant.
a warrant, or his voluntary appearance or submission to the  One can be subject to jurisdiction of the court but not yet in the
jurisdiction of the court (Valdepenas v People) custody of the law
 Voluntary submission of the accused is accomplished either by:  Example: When the accused escapes custody after his trial
 His pleading to the merits such as by filing a motion to quash, has commenced
 Or other pleadings requiring the exercise of the court’s  Being in the custody of the law signifies restraint in the person,
jurisdiction, who is deprived of his own will and liberty, binding him to become
 Appearing for arraignment or entering trial obedient to the will of the law
 May also be effected through some other acts as when he  Literally custody over the body of the accused (e.g. detention)
enters into a counsel-assisted plea and actively participates in
the trial and presents evidence for the defense
 Also, by filing a motion for determination of probable cause

Objecting to the jurisdiction of the court

 Where the appearance is by motion for the purpose of objecting to

the jurisdiction of the court over the person, it must be for the sole
and separate purpose of objecting to said jurisdiction.
 The accused may make a special appearance before the court to
challenge the jurisdiction of the court over the person and such
appearance is not tantamount to estoppels or a waiver of the
objection.

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Injunction to Restrain Criminal Prosecution prosecute the same. In such a situation, the rule loses its
discretionary character and becomes mandatory. (MBTC v
 The general rule, injunction will not be granted to restrain a Reynado)
criminal prosecution since public interest requires that criminal
acts be immediately investigated and prosecuted for the protection
of society (Reyes v Camilon)
 Exceptions (in extreme cases):
 When the injunction is necessary to afford adequate
protection to the constitutional rights of the accused.
 When it is necessary for the orderly administration of
justice or to avoid oppression or multiplicity of actions.
 When there is a prejudicial question which is subjudice.
 When the acts of the officer are without or in excess of
authority.
 Where the prosecution is under an invalid law, ordinance
or regulation.
 When double jeopardy is clearly apparent.
 Where the Court has no jurisdiction over the offense.
 Where it is a case of persecution rather than prosecution.
 Where the charges are manifestly false and motivated by
the lust for vengeance.
 When there is clearly no prima facie case against the
accused and a motion to quash on that ground has been
denied. (Brocka v Enrile)

Mandamus to Compel Prosecution

 Mandamus, as a rule, not lie to compel criminal prosecution.

 The Court has consistently ruled that mandamus is a remedial
measure for parties aggrieved which shall be issued when:
 Any tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station.
 The writ of mandamus is not available to control discretion.
Neither may it be issued to compel the exercise of discretion.
 However, the moment the prosecution finds one to be so liable, it
becomes an inescapable duty to charge the accused and

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 RULE 110 – PROSECUTION OF OFFENSES control of the offended party
 (c) subject only to the right against self-
Purpose of the criminal action incrimination, determine which witnesses to present
 To determine the penal liability of the accused for having outraged in court (Chua vs. Padillo)
the state with his crime and if he be found guilty, to punish him for  The prosecutor has the discretion of whether, what and
it. In this sense, the parties to the action are the People of the whom to charge the exercise of which depends on
Philippines and the accused. The private offended party is factor which are best appreciated by prosecutors.
regarded merely as a witness for the state.  Not even the SC can order the prosecution of a
person against whom the prosecutor does not find
Role of the private offended party sufficient evidence to support at least a prima facie
case.
 The interest of the private complainant or the private offended
 Only exception: there is an unmistakable
party is limited to the civil liability, thus, in the prosecution of the
showing of grace abuse of discretion on the part
offense, the complainant’s role is limited to that of a witness for the
of the prosecutor (Chua vs. Padillo)
prosecution.
 The public prosecutor may turn over the actual
Who prosecutes criminal actions prosecution of the criminal case to the private
prosecutor but he may at any time, take over the actual
 Sec. 5, Rule 110; Uy vs. People: conduct of the trial.
 A criminal action is prosecuted under the direction and  In the case of Pinote vs. Ayco, the Court held, that
control of the public prosecutor. This is the general rule the presence of a public prosecutor in the trial of
and this applies to a criminal action commenced either by criminal cases is necessary to protect vital State
a complaint or information. interests, foremost of which is its interest to vindicate
 Rationale: the rule of law, the bedrock of the peace of the people.
 Since a criminal offense is an outrage against the The act of allowing the presentation of the defense
sovereignty of the State, it is necessarily follows that a witnesses in the absence of complainant public
representative of the State shall direct and control the prosecutor or a private prosecutor designated for the
prosecution thereof (Chua vs Padillo). purpose is a clear transgression of the Rules which
 Crime is a breach of the security and peace of the could not be rectified by subsequently giving the
people at large (Baviera vs Paglinawan). prosecution a chance to cross-examine the witnesses.
 Consequences of the rule:  All criminal actions commenced by a complaint or information
 The public prosecutor, in the exercise of this functions, shall be prosecuted under the direction and control of the
has the power and discretion to : prosecutor.
 (a) determine whether a prima facie case exists  However, in Municipal Trial Courts or Municipal Circuit Trial
 (b) decide which if the conflicting testimonies Courts when the prosecutor assigned thereto or to the case is
should be believed free from the interference or not available, the offended party, any peace officer, or public

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 officer charged with the enforcement of the law violated may real party-in-interest who stands to be benefited or
prosecute the case. This authority cease upon actual injured by the judgment in the suit or by the part
intervention of the prosecutor or upon elevation of the case to entitle to the avails if the suit.
the Regional Trial Court. (This Section was repealed by  An appeal of the criminal case not filed by the
A.M. No. 02-2-07-SC effective May 1, 2002) People as represented by the OSG is
dismissible.
 A special civil action for certiorari may be filed
 Representation of the People of the Philippines by the even without the intervention of the OSG, but
Office of the Solicitor General (OSG) in appeals before the only to the end of preserving his interest in the
CA or the SC. civil aspect of the case.
 The private complainant or the offended party may
 In criminal cases, the Solicitor General is regarded as the question such acquittal or dismissal only insofar as the
appellate counsel of the People of the Philippines and be civil liability of the accused is concerned (Bautista vs.
given the opportunity to be heard in behalf of the People. Cuneta-Pangilinan)
 Where the appellate court failed to notify the Solicitor  Either the offended party or the accused may
General of its resolution on a petition filed by the appeal the civil aspect of the judgment despite the
accused and to require it to file its comment, this failure acquittal of the accused. The real party in interest
has deprived the prosecution of a fair opportunity to in civil aspect of a decision are the offended party
prosecute and prove its case. and the accused.
 Generally, the public prosecutor has no interest in
 Jurisprudence holds that if there is a dismissal of a criminal appealing the civil aspect of decision acquitting the
case by the trial court or if there is an acquittal of the accused.
accused, it is ONLY the OSG that may bring an appeal on  The acquittal ends the work of the public prosecutor
the criminal aspect representing the People. and the case is terminated as far as he is
 Rationale: concerned (Cruz vs CA)
 The principle that the party affected by the  In the case of Carino vs. De Castro), the conformity of
dismissal of the criminal action is the People and the Asst City Prosecutor to the a petition for review
not the petitioners who are mere complaining before the Court of Appeals is insufficient as the rule
witnesses. and jurisprudence mandate that the same should be
 The People are therefore, deemed as ther eal filed by the Solicitor General who is solely vested with
parties in interest in the criminal case and only the the authority to represent the people in the Court of
OSG can represent them in criminal proceedings Appeals or in the Supreme Court.
pending in the CA.  Exceptions to the rule:
 In view of the corollary principle that every action  All cases elevated to the Sandiganbayan and from
must be prosecuted or defended in the name of the the Sandiganbayan to the SC, the Office of the

Criminal Procedure|April Lyn Villamor|DLSL JDLaw Page 9

 Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, except in
cases filed pursuant to EO 1,2,14, 14-A. Intervention of the offended party in the prosecution of the
criminal action

 The underlying legal principle is the traditional theory that when a

 When a private prosecutor may prosecute a case even in person commits a crime, he offends two entities:
the absence of the public prosecutor  (1) the society in which he lives in or the political entity, called
 A private prosecutor may prosecute the criminal action up the State, whose law he has violated
to the end of the trial, even in the absence of the public  (2) the individual member of that society whose person, right,
prosecutor, if he is authorized to do so in writing. honor, chastity or property was actually or directly injured or
 This written authorization shall be given by either the damaged by the same punishable act or omission (Lee Pue
Chief of the Prosecution Office or the Regional State Liong vs Chua Pue Lee)
Prosecutor. And in order to be given effect must be  The civil liability for a crime includes (Art. 104, RPC):
approved by the court.  (1) restitution
 The private prosecutor cannot, for just any reason, be  (2) reparation of the damage caused
authorized to prosecute the criminal case. The written  (3) indemnification for consequential damages
authorization to the private prosecutor shall be given  It is because of the existence of a civil liability involved in a
because of either of the following reasons: crime that the offended party is allowed to intervene in the
 (a) the public prosecutor has a heavy work prosecution of the offense.
schedule  Sec. 16, Rule 110: “Where the civil action for recovery of civil
 (b) there is a lack of public prosecutors liability is instituted in the criminal action pursuant to Rule 111, the
 Extent of the authority given to the private prosecutors offended party may intervene by counsel in the prosecution of the
when duly authorized: offense.”
 Shall continue to prosecute the case up to the end  The appointment of a private prosecutor is done by the
of the trial even in the absence of a public offended party and is the mode by which he intervenes in the
prosecutor unless the authority is revoked or prosecution of the offense.
otherwise withdrawn  This intervention is only allowed where the civil action for the
recovery of the civil liability arising from the offense charged is
instituted in the criminal action pursuant to Rule111
 The offended party may not intervene if:
 (1) waives the civil action
 (2) reserves the right to institute it separately
 (3) institutes the civil action prior to the criminal action
 Reason: no civil liability which would supply a basis for the
intervention of the offended party.

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 The effect of the filing of an independent civil action on the Prosecution of “Private Crimes”
right of the offended party to intervene in the prosecution of
the offense  Adultery and Concubinage
 The institution of an independent civil action does not deprive  Sec 5, Rule 110, RoC: “shall not be prosecuted except upon a
the offended party of the right to intervene in the civil action complaint filed by the offended spouse.”
through a private prosecutor.  It should be the offended spouse who should file the
 It needs to be emphasized that the civil liabilities arising complaint.
from independent civil actions and a quasi-delict do not  The erring spouse cannot, as a rule, be prosecuted upon
arise from the felony or crime, and have distinct sources information filed by the prosecutor.
from the law or the Civil Code. They are not covered by the  The action cannot be instituted against one party alone. It
provision of the RPC declaring that persons liable for a must be instituted against both guilty parties, unless one of
felony are also civilly liable. Such civil actions “may them is no longer alive.
proceed independently of the criminal proceedings and  The offense of adultery and concubinage may not be instituted
regardless of the result of the latter” (Art 31, Civil Code) if it is shown that the offended party has consented to the
 Direct consequences of the independent character of offense or has pardoned the offenders. Since the rule does
actions (under Art. 32, 33, 34, 2176 of the Civil Code) even not distinguish. The consent or pardon may be either
if the civil action is filed separately: expressed or implied.
 (1) the ex delicto civil liability in the criminal  Seduction, Abduction and Acts of Lasciviousness
prosecution remains.  Sec 5, Rule 110, RoC: “shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
 (2) the offended party may subject to the control of
grandparents or guardian, nor, in any case, if the offender has
the prosecutor still intervene in the criminal action,
been expressly pardoned by any of them.”
in order to protect the remaining civil interest
therein. (Phil Rabbit Bus Lines vs People)  Implied pardon is not contemplated under this
provision.
 If the offended party dies or becomes incapacitated before
she can file the complaint and she has no known parents,
grandparents or guardian, the State shall initiate the
criminal action in her behalf.
 In order of those who may file the complaint, the State
is the last and may only do so in the absence of the
persons mentioned.
 The offended party even if a minor, has the right to initiate the
prosecution of the offense, independently of her parents,
grandparents or guardian except if she is incompetent or
incapable of doing so.


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 Defamation  It is filed in the name of the People of the People of the
 Sec 5, Rule 110, RoC: Shall be brought at the instance of and Philippines against all persons who appear to be responsible
upon the complaint filed by the offended party. This rule for the offense involved.
clearly provides that only the offended party can initiate the
criminal action.  Allegations in the information are crucial to the success or
 Rape failure of a criminal prosecution. It is for this reason that the
 RA 8353: the crime of rape was reclassified as a crime against information is considered the battle ground in criminal
persons. Thus, prosecution for such crime may now be prosecutions (Neri vs. Sandiganbayan)
commenced in court even by the filing of information by the
public prosecutor.  Infirmity of signature in the information

Criminal Complaint  Such as lack of authority of the officer signing it, cannot be
 Complaint (Sec4, Rule 110, RoC) cured by silence, acquiescence, or even by express
 (1) is a sworn (under oath) written statement charging a consent (Cudia vs CA).
 Suck lack of authority on the part of the officer is a ground
person with an offense
 (2) subscribed by: for the quashal of the information (Sec 3d, Rule 117, RoC)
 If the original information was signed and filed by one who
 the offended party
had no authority to sign and file the same, the dismissal of
 any peace officer
the information would not be a bar to a subsequent
 other public officer
prosecution under subsequent valid information.
 (3) charged with the enforcement of the law violated
 Jeopardy does not attach where an accused pleads
 The complaint is not filed in the name of a private person,
guilty to a defective indictment.
natural or juridical. It is filed in the name of the People of the
Philippines and against all persons who appear to be
responsible for the offense involved.

Information

 Information (Sec4, Rule 110, Roc)

 (1) is an accusation in writing charging a person with an
offense
 (2) subscribed by the prosecutor
 (3) filed with the court
 It is not required to be “sworn”
 This is because the prosecutor is acting under the oath
of his office

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 Parts of the information  For instance, he wants to know the exact date of
 A complaint or information is deemed sufficient if it the commission of the allege offense
contains the following (Sec 6, Rule 110, RoC):  He may move for the quashal of the information if it
 (1) Name of the accused; if the offense is committed by does not conform to the prescribed form.
more than one person, all of them shall be included in  If he fails to pursue either remedy, he is deemed to
the complaint or information have waived his objections to any formal defect in the
 (2) Designation of the offense given by the statute information.
 (3) Acts or omissions complained of as constituting the  The evidence presented during the trial can cure the
offense defect in the information.
 (4) Name of the offended party  Where the objection however is based on lack of
 (5) Approximate date of the commission of the offense jurisdiction over the subject matter, the same may be
 (6) Place where the offense was committed raised or considered motu proprio by the court at any
stage of the proceedings or on appeal (Fukuzume vs
People)
 For an information to be sufficient, it must validly charge an
offense. It depends whether the material facts alleged in
the complaint or information shall establish the essential  How the nature of the offense is determined:
elements of the offense charged (Miguel vs.  The real nature of the criminal charge is determined
Sandiganbayan) by the actual recital of the facts in the complaint or
 An information is fatally defective when it is clear that it information and not by the caption of the
does not really charge an offense or when it is clear that it information or the citation of the law allegedly
does not really charge an offense or when an essential violated (De la Cuesta vs. Sandiganbayan), every
element of the crime has not been sufficiently alleged. element of the offense must be stated in the
 In one drug case, prosecution was able to allege information.
the identity of the buyer and the seller, it failed to  The requirement of alleging the elements of
particularly allege or identify the drugs sold. In the crime in the information is to inform the
illegal sale of drugs, the drugs constitutes the very accused of the nature of the accusation
corpus delicti of the offense (People vs. Posada, against him so as to enable him to suitably
People vs. Butial) prepare his defense (People vs. Valdez).
 Objections:  Even if the designation of the crime in the
 Cannot be made for the first time on appeal objections information is defective, what is controlling
as to matters of form or substance is the allegation of the facts in the
 The accused-appellant should move before information that comprises a crime and
arraignment or during trial adequately describes the nature and cause
 Either for a bill of particulars of the accusation against the accused.

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 Date of the commission of the offense:
 Sec 11, Rule 110, that is not necessary to state in
the complaint or information the precise date the  In criminal case, the task of the prosecution is
offense was committed. always twofold (People vs. Yao):
 Exception: when it is a material element of  (1) to prove beyond reasonable doubt the
the offense commission of the crime charged
 The offense may be alleged to have been  (2) to establish with the same quantum of
committed on a date as near as possible to the proof the identity of the person or persons
actual date of its commission. responsible therefore, because even if the
commission of the crime is given, there can
 People vs. Delfin: In crimes where the date of the
be no conviction without the identity if the
commission is not a material element, like murder,
malefactor being clearly ascertained.
it is not necessary to allege such date with absolute
specificity or certainty in the information. The RoC
merely requires, for the sake of properly informing
an accused, that the date of commission be  How to state the name of the offended party who is a
approximated. natural person
 The complaint or information must state the name
and surname of the offended party, or any
 How to state the name of the accused: appellation or nickname by which a person has
been or is know.
 Sec 7, Rule 110, RoC:
 (1) Must state the name and surname of the  If there is no better way of identifying him, he must
accused, or any appellation or nickname by be described under a fictitious name. If later on the
which he has been or is known. true name is ascertained, the court must cause
 (2) If his name cannot be ascertained, he such true name to be insterted.
must be described under a fictitious name.  How to state the name of the offended party who is a
It must be accompanied by a statement that juridical person
his true name is unknown.  It is sufficient to state its name, or any name or
 (3) If later his true name is disclosed by him designation by which it is known or by which it may
or becomes known in some other manner, be identified, without need of averring that it is a
his true name shall be inserted in the juridical person or that it is organized in accordance
complaint or information and in the records with law.
of the case.

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 Rule if the name of the offended party is unknown in the designation of the offense but the actual facts
offenses against property recited in the information.
 The property must be described with such particularity  The sufficiency of the an information is not negated
as to properly identify the offense charged (Sec12a, by an incomplete or defective designation of the
Rule 110, RoC) crime in the caption or other parts of the information
 As long as the criminal act charged in the complaint or but by the narration of facts and circumstances
information can be properly indentified. which adequately depicts a crime and sufficiently
 If the subject matter of the offense is generic and not apprises the accused of the nature and cause of
identifiable: the accusation against him.
 An error in the designation of the offended party is  Statement of the qualifying and aggravation
fatal and would result in the acquittal of the circumstances
accused  To be considered in imposing the penalty, the same
 If the subject matter of the offense is specific and should be specified in the complaint or information.
identifiable:  With the revision of the Rules of Criminal
 An error in the designation of the offended party is Procedure, the prosecution became precluded from
immaterial establishing any act or circumstance not specifically
alleged in the information (People vs Abrencillo)
 The Court explained that every aggravating
circumstance must be alleged in the information.
 Designation of the offense
The failure to state an aggravating circumstance,
 The following rules must be observed (Sec 8, Rule
even if duly proven at the trial, will not be
110, RoC):
appreciated as such. It was therefore necessary on
 (1) As a rule, that the name given to the offense by
the prosecution to state the aggravating
statute shall be stated in the complaint or
circumstance in the information so that if evidence
information. If statute gives no designation, then
is introduced to that effect, the same may be
reference shall be made to the section or
admitted (People vs. Feliciano)
subsection punishing it.
 However, with the promulgation of the Revised
 (2) An averment of the acts or omissions
Rules, courts could no longer consider the
constituting the offense.
aggravating circumstances not alleged and proven
 (3) The complaint or information shall specify the
in the determination of the penalty and in the award
qualifying and aggravating circumstances of the
of damages. Thus, even if an aggravating
offense
circumstances had been proven, but was not
 Effect of failure to designate the offense: Does not alleged, courts will not award exemplary damages
vitiate the information if the facts alleged clearly recite (People vs. Dalisay).
the facts constituting the crime charged.
 What controls is not the title of the information or

Criminal Procedure|April Lyn Villamor|DLSL JDLaw Page 15

 accused for more than one offense in separate information
is justified (Loney vs. People)
 Cause of accusation  Purpose of the rule against duplicity:
 It is sufficient for the complaint or information to use  The rationale behind this rule prohibiting duplicitous
ordinary and concise language sufficient to enable a complaints or informations is to give the accused the
person of common understanding to know the following necessary knowledge of the charge against him and
(Sec 9, Rule 110, RoC): enable him to sufficiently prepare for this defense. The
 (1) the offense being charged State should not heap upon the accused two or more
 (2) the acts or omissions complained of as charges which might confuse him in his defense
constituting the offense (People vs. CA)
 (3) the qualifying and aggravating circumstances  Exception to the rule against duplicity:
 A complaint or information may contain two or more
offenses when the law prescribes a single punishment
 Duplicity of the offense for various offenses and in complex and compound
 Duplicity presupposes that there is a joinder of distinct crimes treated under Art. 48 of the RPC. This provision
offenses in one complaint or information. imposes a single penalty when as single act constitutes
 General rule: two or more grave or less grave felonies. A single
 A complaint or information must charge only one penalty is also provided under the same provision
offense. This means that a single complaint or when an offense is a necessary means to commit the
information must charge only one offense. other. The imposable penalty shall be that which
 More than one offense may however be charged corresponds to the graver offense.
under one complaint or information when the law  The law likewise imposes a single penalty in the case
prescribes a single punishment for various offenses of a special complex crime.
(Sec 13, Rule 110, RoC).  Waiver of duplicity of the offense
 An information which charges a person for violating  Sec 3f Rule117 RoC, duplicity of the offense is a
separate and distinct provisions of a single law, with ground for a motion to quash
distinct penalties for each violation and committed through  Should the information be defective because of
the performance of separate acts, is defective because of duplicity, an objection must be timely interposed by the
duplicity. accused before trial, otherwise he is deemed to have
 Rule of duplicity is transgressed when in one information waived said defect. Consequently, the court may
the accused is charged with multiple murder, multiple convict him for as many offenses as are charged and
frustrated murder and multiple attempted murder (People proved, and impose on him the penalty for each
vs. De Los Santos) offense (Sec 3 Rule 120 RoC).
 Where a single act violates two or more entirely distinct  When two or more offenses are charged in a single
and unrelated provisions of law, the prosecution of the complaint or information, the accused must object to

Criminal Procedure|April Lyn Villamor|DLSL JDLaw Page 16

 the duplicity before trial. If he does not object, the court  When a court has jurisdiction to try offenses not committed
may convict him of as many offenses as are charged within its territorial jurisdiction
and proved, and impose on him the penalty for each  The rule admits of certain exceptions:
offense (Sec3 Rule 120 RoC).  (1) Offense committed under Art. 2 RPC, the offense is
cognizable before the Phil Courts even if committed
outside the Phil territory. In this case, cognizable by the
Venue of Criminal Actions court where the criminal action is first filed (Sec 15d Rule
110 RoC)
 As a rule, the criminal action shall be instituted and tried in the  (2) SC, pursuant to its constitutional powers, orders a
court of the municipality or territory (Sec 15a, Rule 110, RoC): change of venue or place of trial to avoid miscarriage of
 (1) where the offense was committed, or justice (Sec5[4] Art. VIII 1987 Constitution)
 (2) where any of its essential ingredients occurred  (3) Where an offense is committed in a train, aircraft, or
 Venue, an element of criminal jurisdiction other public or private vehicle in the course of the its trip. It
 One fundamental principle in criminal procedure is that a court may be instituted and tried in the court of any municipality
cannot exercise jurisdiction over a person charged with or territory where said train, aircraft, or vehicle passed
offense committed outside its limited territory. during the trip. The crime may be instituted and tried in the
 Rules require that the complaint or information, to be deemed place of departure and arrival (Sec15b Rule 110 RoC)
sufficient, should state the place where the offense was  (4) Where an offense is committed on board a vessel in the
committed (Sec6, Rule 110, RoC) course of its voyage, the criminal action may be instituted
 The rule is two-fold: and tried in the court of the first port of entry, or in the court
 (1) the jurisdiction of the courts is limited to well-defined of the municipality or territory where the vessel passed
territories such that a trial court can only hear and try during the voyage (Sec15c Rule 11 RoC)
cases involving crimes committed within its territorial  Note that with respect to the crimes committed on
jurisdiction board a vessel, the place of departure and arrival
 (2) laying the venue in the locus criminis is grounded on are not included as proper venues of the action.
the necessity and justice if having an accused on trial in  (5) Where the case is cognizable by Sandiganbayan, the
the municipality or province where witnesses and other criminal action need not be filed and tried in the place
facilities for his defense are available. where the act was committed but generally, where the
 It is not enough to allege in the complaint or information the court actually sits in Quezon City.
place of the commission of the crime. Such place must also be  The presiding justice shall authorize any divisions
proven during trial. of the court to hold sessions at any time and place
 Civil case vs. Criminal case: outside MM and where the interest of justice so
 Civil- ground for motion to dismiss, “the venue is requires, outside the territorial boundaries of the
improperly laid” Phil.
 Criminal-ground for motion to quash, “court has no  (6) Where the case is written defamation, the criminal
jurisdiction over the offense charged” action need not necessarily be file in the RTC of the

Criminal Procedure|April Lyn Villamor|DLSL JDLaw Page 17

 province/city where the alleged libellous article first
published. It may be filed in:
 Public officer: the province/city where the offended  Venue of selected offenses
party held office at the time of the commission of  Perjury under Art. 183 RPC be filed: where the place of the
the offense testimony under oath is given or written sworn statement is
submitted, since the crime is committed through false
 Private individual: the province/city where he
testimony under oath.
actually resided at the time of the commission of
 Criminal action arising from illegal recruitment shall be filed
the offense
not only in the RTC of the province/city where the offense
 (7) On a matter pertaining to a defamatory material
was committed, but also be filed where the offended party
appearing on a website on the internet, the place where
actually resides at the time of the commission of the
the material first accessed cannot be equated with “printing
offense. The court where the criminal action is first filed
and first publication”. It hardly requires much imagination
shall acquire jurisdiction to the exclusion of the other
to see the chaos that would ensue in situations where the
courts.
website’s author or writer, a blogger or anyone who posts
 Violations of BP22 are categorized as transitory or
messages therein could be sued for libel anywhere in the
continuing crime. A suite on the check can be filed in any
Philippines that the private complainant may have
of the places where any of the elements of the offense
allegedly accessed the offending website.
occurred, that is, where the check is drawn, issued,
 (8) Merely alleging that “the newspaper is a daily
delivered or dishonored. As person charged with a
publication with a considerable circulation in the City of
transitory crime may be validly tried in any municipality or
Iloilo and throughout the region” does not establish that the
territory where the offense was in part committed. (Rigor
said publication was printed and first published in Iloilo City
vs. People)
(Foz vs. People)
 Estafa by postdating or issuing a bad check, may be
 (9) An information which merely alleged that the libellous
transitory offense. Its basic element of deceit and damage
article “was published in the Philippine Daily Inquirer,” a
may arise independently in separate places.
newspaper of general circulation in Baguio City, did not
 There are crimes which are transitory or continuing
sufficiently show Baguio City to be the proper venue of the
offenses because some acts material and essential to the
printing and first publication of the newspaper (Agustin vs.
crime occur in one province and some in another, in which
Pamintuan)
case, the rule is settled that the court of either province
 (10) Instead, the venue as a rule, the place where the
where any of the essential ingredients of the crime took
libellous article was printed and first published or where
place has – jurisdiction to try the case.
any of the offended parties actually resides at the time of
 Theft is not a continuing offense. The crime where it was
the commission of the offense (or where he held office at
consummated (the theft happened), the case can be
the time of the commission of the offense if the offended
instituted and tried is the place of consummation.
party is a public officer)

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Amendment or Substitution 
Case law has it that before the accused enters his plea, a
formal or substantial amendment of the complaint or
 Amendment - is a correction of an error or an omission in a information may be made without leave of court. After the
complaint or an information entry of plea, only a formal amendment may be made
 Sec 1 Rule 10 RoC, it is effected by adding or striking out an but with leave of court and if it does not prejudice the rights
allegation or the name of any party or by correcting a mistaken of the accused. After arraignment, a substantial
or inadequate allegation or description in any other respect, so amendment is prescribed except if the same is beneficial
that the actual merits of the controversy may speedily be to the accuse (Ricarze vs. CA)
determined, without regard to technicalities and in the most  When an amendment is formal or substantial
and expeditious and inexpensive manner.  (1) new allegations which relate only to the range of the
 No need for leave of court: penalty that the court might impose in the event of
 If the amendment is made before the accused enters his conviction
plea (before arraignment), the complaint or information  (2) an amendment which does not charge another offense
may be amended in form or in substance (Sec 14 Rule 110 different or distinct from that charged in the original
RoC)  (3) additional allegations with do not alter the prosecution’s
 When leave of court is required: theory of the case so as to cause surprise to the accused
 Even if the amendment is made before plea: and affect the form of defense he has or will assume
 (a) the amendment downgrades the nature of the  (4) an amendment which does not adversely affect any
offense charged substantial right of the accused
 (b) the amendment excludes any accused from the  (5) an amendment that merely adds specifications to
complaint or information (Sec14 Rule 110 RoC) eliminate vagueness in the information and not to introduce
 Above amendments also require a motion by the new and material facts and merely states with additional
prosecutor with notice to the offended party (Sec14, Rule precisions something which is already contained in the
110 RoC) original information and which adds nothing essential for
 The court is mandated by the RoC to state its reasons conviction for the crime charged (Ricarze vs. CA)
in resolving the motion of the prosecutor and to furnish
all parties, especially the offended party, of copies of its  Substitution – a complaint or information may be substituted if it
order (Sec 14 Rule 110 RoC) appears at any time before judgment that a mistake has been
 Rule as to amendment made after plea of the accused made in charging the proper offense.
 After plea and during the trial, any formal amendment may  In such case, the court shall dismiss the original complaint or
only be made under two conditions: information once the new once charging the proper offense is
 (1) leave of court must be secured filed provided the accused will not be placed in double
 (2) amendment does not cause prejudice to the rights jeopardy (Sec14 Rule110 RoC)
of the accused.
 As a rule, amendment in substance is not allowed at this
stage.

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 Amendment Substitution
Formal/substantial Substantial from the original
charge
Before plea: can be effected Must be with leave of court as the
without leave of court original information hast to be
dismissed
Only as to form, there is no need Another preliminary investigation
for another preliminary and the accused has to plead
investigation and the retaking of anew to the new information
plea
Amended information: refers to Substitution: Requires or
the same offense charged in the presupposes that the new
original information or to an information involves a different
offense which necessarily offense which does not include or
includes or is necessarily is not necessarily included in the
included in the original charge, original charge, hence the
hence substantial amendments to accused cannot claim double
the information after the plea has jeopardy .
been taken cannot be made over
the objection of the accused, for
the original information would be
withdrawn, the accused could
invoke double jeopardy.

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