The oral defamation referred to above should have a direct connection

with the foregoing crimes.

Specific rules in the prosecution ofthe crimes ofAdultery and Concubinage:
General rule:
The offended spouse shall not prosecute the crimes of adultery and
concubinage without the complaint filed with the prosecutor's omce.
Exceptions:
(a) The offended party cannot institute criminal prosecution without including the
guilty parties, if both are alive;
nor, in any case,
(b) If the offended party has consented to the offense or pardoned the offenders.
As regards the offended spouse in crimes of adultery and
concubinage, he/she must have the legal capacity, status or necessary
representation at the time of the filing of the complaint.
Specific rules in the prosecution of the offenses of seduction, abduction and
acts of lasciviousness:
General rule:
The offenses of seduction, abduction and acts of lasciviousness shall not be
prosecuted except upon a complaint filed by:
(a) the offended party or her parents,
(b) grandparents Q! guardian,
(c) The State shall initiate the criminal action in her behalf, if the offended party
dies or becomes incapacitated before she can file the complaint, and she has no
knovvn parents. grandparents or guardian.
Exception:
In any case, if the offender has been expressly pardoned by any of them.
Specific rules in the prosecution of the offenses of seduction, abduction and
acts of lasciviousness when the offended party is a minor:
General Rule:
A minor has the right to initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of her parents, grandparents, or
guardian,
Exception:
she is incompetent or incapable of doing so.
Incompetence or incapacity here refers to mental and physical
incapacity, although the offended party may be of age or a minor. In
which case, the foregoing enumerated persons (the parents,
grandparents or the State) pursuant to the doctrine of parens patriae
may file the necessary complaint.
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 Specific rules in the prosecution of the offenses of seduction, abduction and
acts of lasciviousness when the offended party is a minor, fails to file the complaint.
(a) the offended party, who is a minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same.
(b) The right to file the action granted to parents) grandparents, or guardian shall be
exclusive of all other persons and shall be exercised successively in the order
herein provided, except as stated in the preceding paragraph,
SEC 6. Sufficiency of complaint or information.—A
complaint or information is sufficient if it states the name of the
accused; the designation of the offense given by the statute; the
acts Or omissions complained of as constituting the offense; the
name of the Offended party; the approximate date of the
commission of the offense; and the place where the offense was
committed.
When an offense is committed by more than one person, all of
them shall be included in the complaint or information. (6a)

A complaint or information is sufficient if it states:

(a) the name of the accused; including any appellation or nickname. An error in the
name of the accused is not reversible as long as his Identity is suffciently
established and this defect is curable at any stage of the proceedings as the
insertion of the real name of the accused is merely a matter of form.
(b) the designation of the offense given by the statute;
(c) the acts or omissions complained of as constituting the offense;
(d) the name of the offended party;
(e) the approximate date of the commission of the offense; and
(f) the place 'where the offense was committed.
Purpose of the rule:
To inform the accused of the nature and cause of accusation against
him.
To notify the defendant of the criminal acts imputed to him so that
he can duly prepare his defense
Both law and jurisprudence require aggravating circumstances
to be expressly and specifically alleged in the complaint or
information, otherwise the same will not be considered by the court
even if proved during the trial. (People v. Santiago, 539 SCRA 198)
Circumstances that qualify a crime should be alleged and proved

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 beyond reasonable as the crime itself. (People v. Begino, 582 SCRA
189; People v. Montesdaros, 589 SCRA 320)

Substantial defect in the information cannot be cured by

evidence that would jeopardize the accused's right to be informed of
the true nature of the offense he is being charged.

SEC. 7, Name of the accused.—The complaint or

information must state the name and surname of the accused or any
appellation or nickname by which he has been or is known. If his
name cannot be ascertained, he must be described under a fictitious
name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed by

him or appears in some other manner to the court, such true name
shall be inserted in the complaint or information and record. (7a)

SEC 8. Designation of the offense.—The complaint or

information shall state the designation of the offense given by the
statute, aver the acts or omissions constituting the offense, and specify
its qualifying and aggravating circumstances. If there is no
designation of the offense, reference shall be made to the section or
subsection of the statute punishing it. (8a)
The information or complaint must state or designate the following whenever
possible:
1. The designation given to the offense by the statute.
2. The statement of the acts or omissions constituting the same, in ordinary, concise &
particular words.
3. The specific qualifying and aggravating circumstances must be stated in ordinary
and concise language.
SEC 9. Cause of the accusation.—The acts or omissions
complained of as constituting the offense and the qualifying and
aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute
but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as
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 its qualifying and aggravating circumstances and for the court to
pronounce judgment. (9a)

NOTES
What is the purpose why the complaint or information must
state the cause and accusation against the accused?
To enable a person of common understanding to know what
offense is intended to be charged;
To enable the court to pronounce proper judgment.

ALLEGATIONS PREVAIL OVER DESIGNATION:

Allegations prevail over the designation of the offense in the
information. The accused may therefore be convicted of a crime mo re
serious than that named in the title or preliminary part if such crim e is
covered by the facts alleged in the body of the information and its
commission is established by evidence.

Limitation to the above rule:

An accused could not be convicted under one act when he is
charged with a violation of another if the change from one statute to the
other involves:
a) Change of the theory of the trial
b) Requires the defendant a different defense
c) Surprises the accused in anyway
RULE ON THE AVERMENT OF NEGATIVING EXCEPTIONS:

1. Where the statute alleged to have been violated applies only to a

specific class of persons and to special conditions, the
information must allege facts establishing that the accused falls

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 within the specific class affected and not those affected from the
coverage of law.
2, Where the statute penalizes generally the acts therein defined and
is intended to apply to all persons indiscriminately, the information is
sumcient even if does not allege that the accused falls within the
excepted situation, for then the complete definition of the offense is
entirely separable from the exceptions and can be made without
reference to the latter,

SEC. 10. Place of commission of the offense.—The

complaint or information is sufficient if it can be understood from
its allegations that the offense was committed or some of its
essential ingredients occurred at some place within the jurisdiction
of the court, unless the particular place where it was committed
constitutes an essential element of the offense charged or is
necessary for its identification. (10a)

SEC 11. Date of commission of the offense,—lt is not

necessary to state in the complaint or information the precise date
the offense was committed except when it is a material ingredient of
the offense. The offense may be allege(l to have been committed on
a date as near as possible to the actual date of its conunission. (lla)

General Rule:
It is NOT required that the compliant or information state with particularity the place
where the crime was committed and the date of the commission of the crime.
Exception:
he place/date of the commission of the offense constitutes an essential element of the
If t

offense.
The date or time of the commission of rape is not a material
ingredient of the said crime. The gravamen of rape is carnal knowledge Of a
woman through force and intimidation. (People v. Ching, 538 SCRA 117)
SEC 12. Name of the offended party.—The complaint or
information must state the name and surname of the person against
whom or against whose property the offense was committed, or any
appellation or nickname by which such person has been or is known.
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 If there is no better way of identifying him, he must be described
under a fictitious name.
(a) In offenses against property, if the name of the offended
party is unknown, the property must be described with
such particularity as to properly identify the offense
charged.
(b) If the true name of the person against whom or against
whose property the offense was committed is thereafter
disclosed or ascertained, the court must cause such true
name to be inserted in the complaint or information and
the record.
(c) Ifthe offended party is a juridical person, it is sufficient to
state its name, or any name or designation by which it is
known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in
accordance with law. (12a)
General Rule:
An erroneous allegation as to the name of the person injured shall be deemed
immaterial when the offense can still be ascertained despite such error.
Exception:
Where the identity of the offended party is an essential element of the offense
charged, an error in such designation is fatal,
SEC 13, Duplicity of the offense.- A complaint or information
must charge only one offense, except when the Invt r prescribes a
single punishment for various offenses, (130)

GENERAL RULE:
A complaint or information must charge only one offense.
EXCEPTIONS:
1
. Complex crimes
2, Special Complex crimes
3, Continuous crimes or delicto continuado
4, Crimes susceptible of being committed in various modes
5, Crimes of which another offense is an ingredient

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 Where the accused did not seasonably object to the multiple
offenses in the infortnation, the court may convict him of as many as are
charged and proved. (People v. Soriano, Sr., 546 SCRA 514)

SEC .14. Antendment or substitution.—A complaint or

information ntay bc alncndcd, in form or in substance, without leave
of court, at any tilne before the accused enters his plea. After the plea
and during the trial, a formal amendment may only be made with leave
of court and when it can be done without causing prejudice to the
rights of the accused.
However, any amendment before plea, which downgrades the
nature of the offense charged in or excludes any accused from the
complaint or information, can be made only upon motion by the
prosecutor, with notice to the offended party and with leave of court.
The court shall state its reasons in resolving the motion and copies of
its order shall be furnished all parties, especially the offended party.
(n)
If it appears at any time before judgment that a mistake has
been made in charging the proper offense, the court shall dismiss the
original complaint or information upon the filing of a new one
charging the proper offense in accordance with section 19, Rule 119,
provided the accused shall not be placed in double jeopardy. The
court may require the witnesses to give bail for their appearance at
the trial. (14a)

NOTES
Before the accused enters his plea, a formal or substantial
amendment of the complaint or information may be made without leave
of court. (Fronda-Baggao v, People, 539 SCRA 531)

"Before arraignment and plea, an amendment of the complaint or

information that either:
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 (1) downgrades the nature of the offense charged; or
(2) excludes an accused from the complaint or information must
have the approval of the court to be obtained upon motion and
with notice to the offended party. That implies a hearing on the
motion." (Gupit, Significant Revisions in Criminal Procedure,
2003 Edition, pp. 17-18)
KINDS OF AMENDMENT
l. Before the plea — covers both substantial and formal amendment
2. After the plea — covers only matter of form provided:
a. leave of court is obtained
b. such amendment is not prejudicial to the rights of the accused.
When is an amendment considered to be only inform orformal?
An amendment is only in form:
> Where it neither affects nor alters the nature of the offense charged;
OR
Where the charge does not deprive the accused ofa fair opportunity
to present his defense; OR
Where it does not involve a change in the basic theory of the
prosecution,

Basic distinctions between amendment and substitution ofInformation or

Complaint:

May involve either formal or substantial changes Involves substantial change from the
original charge
Amendment before the plea has been entered Substitution of information must be
can be effected without leave of court. with leave of court as the original
information has to be dismissed.

Amendment is only as to form, there is no need Another preliminary investigation

for another preliminary investigation and the is entailed and the accused has to
retaking of the plea of the accused. plead anew to the new information
An amended information refers to the Requires or presupposes that the new
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 same offense charged in the original information involves a different offense
information or to an offense which which does not include or is not
necessarily includes or is necessarily necessarily included in the original
included in the original charge, hence charge, hence the accused cannot claim
substantial amendments to the double jeopardy.
information after the plea has been
taken cannot be made over the
objection of the accused, for if the
original information would be
withdrawn, the accused could invoke
double jeopardy.
If it appears at anytime before judgment that a mistake has been
made in charging the proper offense, the court shall dismiss the original
complaint or information upon the filing of a new one charging the
proper offense, provided the accused shall not be placed in double
jeopardy.

The change of the offense charged from Homicide to Murder

is merely a formal amendment and not a substantial amendment or a
substitution. (Pacoy v. Cajigal, 534 SCRA 338)
Limitation to the rule on substitution:
l. No judgment has yet been rendered.
2. The accused cannot be convicted of the offense charged or of any other offense
necessarily included therein.
3. The accused would not be placed in double jeopardy.
VARIANCE BETWEEN INDICTMENT AND PROOF (Situations Contemplated)
I. When the offense proved is less serious than, and is necessarily included in, the
offense charged, in which case the defendant shall be convicted of the offense
proved.
2. When the offense proved is more serious than and includes the offense charged,
in which case the defendant shall be convicted of the offense charged.
3. When the offense proved is neither included in, nor does it include, the offense
ch
arged and is different therefrom, in which case the court should dismiss the
action and order the filing of a new information charging the proper offense.
SEC. 15. Place where action is to be instituted.----
(a) Subject to existing laws, the criminal action shall be
instituted and tried in the court of the municipality or
territory where the offense was committed or where any of
its essential ingredients occurred.
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 (b) Where an offense is committed in a train, aircraft, or other
public or private vehicle in the course of its trip, the criminal
action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft, or other
vehicle passed during its trip, including the place of
departure and arrival.
(c) Where an offense is committed on board a vessel in the
course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of
international law.
(d) Crimes committed outside the Philippines but punishable
under Article 2 of the Revised Penal Code shall be
cognizable by the court where the criminal action is first
filed. (15a)

NOTES
Venue in criminal cases is jurisdictional. It cannot be waived, or
changed by agreement of the parties, or by the consent of the defendant.
EXCEPTIONS TO THE RULE OF VENUE:
1. Felonies under Art. 2 of the Revised Penal Code
2. Complex Crimes
Where the crime charged is a complex crime, the RTC of any province in
which any one of the essential elements of such complex crime had been
committed has jurisdiction to take cognizance of the offense.
3. Continuing Offense - is one where the elements of which occur in several
places, (unlike a LOCAL OFFENSE - one which is fully consummated in
one place)
The venue is in the place where one of its essential elements was
consummated.
4. Piracy — The venue of piracy, unlike all other crimes, has no territorial
limits.
5. Libel The action tnay be instituted at the election of the offended or suing
party in the province or city:
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 a. where the libelous article is printed and first published;
b. if one of the offended parties is a private individual, where said private
individual actually resides at the time of the commission of the offense;
c. if the offended party is a public official, where the latter holds office
at the time of the commission of the offense.
6. On the ground of preventing a miscarriage of justice by approval of the
Supreme Court
SEC. 16. Intervention of the offended party in criminal
action.-— Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111, the offended
party may intervene by counsel in the prosecution of the offense.
(16a)

NOTES

In criminal cases where the offended party is the State, the interest of
the private offended party is limited to the civil liability. (Heirs of Federico
C. Delgado v. Gonzales, 595 SCRA 501)

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