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CRIMINAL PROCEDURE l Atty.

Eduardo Soleng l TDCI (Revised 2016) JD2 407

The rules on criminal procedure shall be liberally construed in


CHAPTER 1. PRELIMINARY CONSIDERATIONS order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding. (Sec 6
Rule 1 Rules of Court)

BASIC CONCEPTS In favor of the accused and strictly against the state to
even the odds in favor of the accused against whom the
entire machinery of the state is mobilized.

CONCEPT OF CRIMINAL PROCEDURE Cenita Cariaga v. People


Petitioner’s former counsel erroneously appealed her conviction
to the CA instead of Sandiganbayan. Petitioner pleaded that the
CRIMINAL PROCEDURE rules be relaxed and CA to forward the records of the case to
The process by which the criminal laws are enforced and by Sandiganbayan.
which the State prosecutes persons who violate the penal laws.
Sec 2 Rule 50 mandated the dismissal of the case.
Criminal laws – define crimes and prescribe (Sec 2 Rule 50 – An appeal erroneously taken to the
punishment CA shall not be transferred to the appropriate court but
Criminal procedure – lays down the processes by shall be dismissed outright)
which an offender is made to answer for the violation
of criminal laws. SC granted the prayer – since the appeal involved a criminal
case and the possibility of a person being deprived of liberty due
Criminal pro as a network of laws a procedural lapse is great, relaxation of the Rules was
Network of laws and rules which governs the procedural warranted. The rules of procedures are tools to facilitate the
administration of justice. It starts with the initial contact of the attainment of justice. Hence, a strict application thereof tending
alleged lawbreaker to the investigation of the crime and to frustrate justice must be avoided.
concludes with the judgment of either conviction or acquittal.

Role of criminal procedure in balancing societal interests DUE PROCESS, MANDATORY


Criminal procedure has the imposing task of harmonizing
governmental functions of maintaining and promoting law and
order while protecting the constitutional rights of its citizens. DUE PROCESS
Due process in criminal proceedings is mandatory and
indispensable. “Law which hears before it condemns and
ADVERSARIAL OR ACCUSATORIAL SYSTEM proceeds upon inquiry, and renders judgment only after trial.

Requirements:
ADVERSARIAL OR ACCUSATORIAL SYSTEM 1. The court trying the case is property clothed with
Our system of procedure is adversarial or accusatorial – two judicial power to hear and determine the matter
contending parties (prosecution and defense) before the court 2. Jurisdiction is lawfully acquired by it over the person
which hears them impartially and renders judgment only after of the accused
trial. 3. Accused is given the opportunity to be heard
4. Judgment is rendered upon lawful hearing
Accusation starts with a formal indictment (complaint
or information), the government to prove the
allegations beyond reasonable doubt CRIMINAL JURISDICTION
Presentation of evidence by both parties
The court decides – acquittal or conviction (shall not
What is criminal jurisdiction?
consider evidence which has not been formally offered)
The authority to hear and try a particular offense and impose the
Court has a passive role and relies largely on the
punishment for it.
evidence presented by both parties
REQUISITES FOR THE EXERCISE OF CRIMINAL
To be distinguished from the inquisitorial system JURISDICTION
The court plays a very active role and is not limited to the
The following are the basic requisites before a court can acquire
evidence presented before it – the judges actively participates
jurisdiction over criminal cases.
in the gathering of evidence. 1. Jurisdiction over the subject matter
2. Jurisdiction over the territory
Mixed system – a combination of adversarial and inquisitorial 3. Jurisdiction over the person of the accused
system.
Jurisdiction over the subject matter vs. over the accused
JD over the subject matter – authority of the court to hear
LIBERAL INTERPRETATION OF THE RULES
and determine a particular criminal case. Hence, the
offense must be one which the court is authorized to take
cognizance of by law.
How are rules of criminal procedures construed?

1|U NIV ERSI TY OF SA N CA R LOS


CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

JD over the accused – authority of the court over the The law confers jurisdiction and not the rules. Conferment must
person charged of the crime and not over the subject clearly appear from the statute, otherwise it will not be held to
matter of the criminal litigation. – accused must have exist. It cannot be presumed.
been brought for trial by warrant of arrest or upon
voluntary submission. Jurisdiction cannot be fixed by the will of the parties
Cannot be conferred by the accused upon the court,
Jurisdiction over the territory or venue in criminal cases express waiver or otherwise
Not conferred by mere administrative policy of any trial
GENERAL RULE: court
For jurisdiction to be acquired, the offense must have been
committed within the court’s territorial jurisdiction – to be How determined
determined by the allegations in the complaint or information. By the allegations in the complaint or information and not by the
evidence presented by the parties at the trial. Hence, the
Example: If crime is committed in Pasay, the proper court in that information must be examined for the purpose of ascertaining
city has jurisdiction; RTC of Manila has no authority to issue a whether or not the facts set out therein and the punishment fall
search warrant for crimes committed in Cavite. within the jurisdiction of the court where the action is filed.

Purpose: So the defendant will not be compelled to move to or In cases cognizable by the Sandiganbayan – the
appear in a different court as it would cause him great nature of the offense and the position of the accused
inconvenience in looking for his witnesses and other evidence are conditions sine qua non before the SB can take
in another place. cognizance.
In complex crimes – jurisdiction is with the court having
Effect if court has no jurisdiction: If crime was committed jurisdiction to impose the maximum and most serious
somewhere else, the court should dismiss the action for want of penalty
jurisdiction.
Statute applicable to a criminal action
The jurisdiction to try a criminal action is determined by the law
EXCEPTIONS: in force at the time of the institution of the action.
1. Where offense was committed under the - Not during the arraignment of the accused
circumstances in Article 2 of the RPC –offense is - Not at the time of the commission of the offense
cognizable before Philippine courts even if committed
outside of Philippine territory.
While on a Philippine ship or airship Use of imposable penalty
Crimes against national security and the law of The jurisdiction of the court is determined by the penalty which
nations may be imposed upon the accused and NOT the actual penalty
Forging and counterfeiting of Philippine coins and imposed after the trial.
currency notes
2. Where the Supreme Court orders a change of venue Principle of adherence of jurisdiction or continuing
or place of trial to a void a miscarriage of justice, jurisdiction
pursuant to its constitutional powers. GENERAL RULE:
3. Offense committed in a public or private vehicle in the The principle that once a court has acquired jurisdiction, that
course of its trip – action may be instituted in the court jurisdiction continues until the final determination of the case.
of any territory where the vehicle passed during the trip, It cannot be withdrawn or defeated by a subsequent
place of departure or arrival. valid amendment of the information
4. Offense committed on board a vessel in the course of Cannot be lost by a new law amending the rules of
its voyage – first port of entry or where it passed during jurisdiction
voyage
5. Where the case is cognizable by the Sandiganbayan Flores v. Sumaljag
6. Where offense is written defamation – where offended The court did not lose jurisdiction over the case involving a
party held office if public officer, or place of residence public official by the mere fact that the latter ceased to be in
if private individual office during the pendency of the case
CRIMINAL JURISDICTION OVER THE SUBJECT MATTER EXCEPTIONS
The power to hear and determine cases of the general class to
which the proceedings in question belongs. The power to deal 1. When the statute expressly so provides
with the general subject involved in the action. Not limited only 2. When construed to the effect that it is intended to
to a particular case but a class of cases. operate upon action pending before its enactment.

Jurisdiction – the power and authority to hear and Dismissal on jurisdictional grounds
determine issues of facts and of law.
Criminal jurisdiction – authority to hear and try a particular 1. An objection based on the ground of lack of jurisdiction
offense and impose the punishment for it. over the subject matter may be raised or considered
motu proprio by the court at any stage of the
How jurisdiction over the subject matter is conferred proceedings or on appeal

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

2. A special appearance before the court to challenge the 5. Where the prosecution is under an invalid law
jurisdiction of the court over the person is not 6. When double jeopardy is clearly apparent
tantamount to a waiver of object and is not a voluntary 7. Where the court has no jurisdiction of the offense
submission to the jurisdiction of the court 8. Where it is a case of persecution rather than
prosecution
Raising the issue of jurisdiction for the first time in the SC 9. Where the charges are manifestly false and motivated
General rule: It may be raised and even considered motu proprio by lust or vengeance
by the court at any stage of the proceedings or on appeal. 10. Clearly no prima facie case against the accused and a
motion to quash on that ground has been denied
Exception: A party cannot invoke jurisdiction of the court to
secure relief against opponent and repudiate the same after MANDAMUS TO COMPEL PROSECUTION
failing to obtain such relief. Rule on estoppel.
Mandamus – remedial measure for parties aggrieved which
CRIMINAL JURISDICTION OVER THE PERSON OF shall be issued when any tribunal or person unlawfully neglects
ACCUSED the performance of an act which the law enjoins as a duty.
Acquired upon his arrest or apprehension, with or without a
warrant, or his voluntary submission to the jurisdiction of the Public prosecutor
accused. Afforded a wide latitude of discretion in the conduct of
preliminary investigation.
When right to question jurisdiction is deemed waived:
1. Posting of bail Writ of mandamus is not available to control or compel
2. Appearing and giving a bond the exercise of discretion.
3. Active participation in the trial and presenting evidence It is truly a matter of discretion on the part of the
for the defense prosecutor to determine which persons appear
responsible for the commission of the crime. If he finds
General rule: Seeking affirmative relief is deemed to be a one to be liable, it is his duty to prosecute him for the
submission to the jurisdiction of the court. same.
However, if the evidence is sufficient and the
Exceptions: prosecutor refuses to file the information, he abuses
his discretion.
1. Making a special appearance in court to question the
jurisdiction of the court over the person of the accused
2. When accused files a motion to quash the warrant of
arrest CRIMINAL JURISDICTION OF COURTS

Custody of the law vis-à-vis under the jurisdiction of the


court
Custody of the law – custody over the body of the accused. CRIMINAL JURISDICTION OF MTC, MCTC, MeTC
Signifies restraint, depriving a person of his own will and liberty.

1. Under the custody of the law but not yet subject to the MUNICIPAL TRIAL COURTS
jurisdiction of the court over his person
EXCLUSIVE ORIGINAL
Example: Person arrested by virtue of a warrant who files
a motion to quash the warrant before arraignment Exclusive original jurisdiction over all violation of city or
municipal ordinances committed within their respective
2. Under the jurisdiction of the court over his person but still territorial jurisdiction.
not in the custody of the law
Exclusive original jurisdiction over all offenses
Example: When the accused escapes custody after his punishable with imprisonment not exceeding 6 years,
trial has commenced regardless of the amount of fine.

INJUNCTION TO RESTRAIN CRIMINAL PROSECUTION TN: The rule in disregarding the amount of the fine
does not apply when the offense is punishable by fine
General rule: The Court will not issue writs of prohibition or only
injunction to enjoin or restrain criminal prosecution. Exceptions: Cases falling within the exclusive
jurisdiction of the RTC and of the Sandiganbayan.
Exceptions:
1. When necessary to afford adequate protection to the Examples:
constitutional rights of the accused 1. Libel – RTC (Art 360 RPC)
2. When necessary for the orderly administration of 2. Bribery – Sandiganbayan (PD 1606)
justice or avoid oppression or multiplicity of actions
3. When there is a prejudicial question Where the only penalty is a fine – amount shall
4. When the acts of the officer are without or in excess of determine the jurisdiction of the court (MTC – not more
authority than P4,000)

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

Exclusive jurisdiction over offenses involving damage


to property through criminal negligence CRIMINAL JURISDICTION OF THE SANDIGANBAYAN

Violations of the BP22


RULES TO DETERMINE JURISDICTION OF
Special jurisdiction to decide on applications for bail in SANDIGANDABAYAN
criminal cases in the absence of all RTC judges in a
province or city Determine if the offense charged is under Sec 4 (a)
Election offenses (e.g. failure to vote, failure to vote)
If yes, determine the position held by the public officer
If exclusively listed under Sec 4 (a) – Sandiganbayan
SUMMARY PROCEDURE
If not, look at the salary grade:
If 27 and above – Sandiganbayan
A. Violations of traffic laws, rental law and
If below 27 – MTC
municipal and city ordinances
B. All other criminal cases where penalty does not
If no, determine if the offense was committed in relation to
exceed 6 months, or a fine not exceeding
his office
P1,000, or both, irrespective of other imposable
penalties If not – MTC
If yes, determine if public official is listed in Sec 4 (a)
C. Damage to property through criminal negligence
If yes – Sandiganbayan
where the imposable fine does not exceed
If no, determine salary grade:
P10,000
If 27 and above – Sandiganbayan
If below 27 – regular courts
CRIMINAL JURISDICTION OF REGIONAL TRIAL COURTS OFFENSES
Jurisdiction is set by PD 1606 as amended

REGIONAL TRIAL COURTS Offenses under Sec 4 a


Violations of the Anti-Graft and Corruption Practices
Exclusive criminal cases not within the exclusive Act
jurisdiction of any court, except those under the Violations of RA No. 1379 or the Anti-Forfeiture Act
jurisdiction of Sandiganbayan. Bribery and Corruption of Public Officers
Appellate jurisdiction over all cases decided by the Offenses under Sec 4 b
MTC Other offenses of felonies committed by the public officials and
employees mentioned in subsection “a”, in relation to his office.
Special jurisdiction to handle exclusively criminal cases
as designate by the Supreme Court Offenses under Sec 4 c
Civil and criminal cases filed pursuant to and in connection with
Jurisdiction over criminal cases under special laws Executive Order Nos. 1, 2, 14 and 14-A issued in 1986.
A. Written defamation – Art 360 RPC
Take note: Sandiganbayan also exercises civil jurisdiction
B. Comprehensive Dangerous Drugs Act – RA
9165
POSITIONS
C. Intellectual property rights – RA 8293)
(Permanent or interim at the time of commission)
D. The subdivision and condominium buyers'
protective decree – PD 957
1. Officials of the executive branch occupying the position of
Money laundering cases (except if committed by public regional director and higher (should have a salary grade of
officers and private persons in conspiracy with the 27 or higher)
former – Sandiganbayan)
Take note: Those listed from a-g need not have a SG of 27
Jurisdiction of the RTC sitting as a Family Court or up
Accused is below 18 years old
One or more of the victims is a minor at the time of the a. Provincials governors, vice-governors, members of the
commission of the offense provincial council, city treasurer, assessors, engineers,
Cases against minors cognizable under the Dangerous and other city department heads
Drugs Act, as amended.
b. Officials of the diplomatic service occupying the
Cases of VAWC
position of consul and higher

c. Philippine army and air force colonels, naval captains,


and all officers of higher ranks
d. Officers of the PNP while occupying the position of
provincial director and those holding the rank of senior
superintendent or higher

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

e. City and provincial prosecutors and their assistants, A forfeiture case under RA 1379 arises out of a cause of action
and officials and prosecutors in the Office of the separation and different from a plunder case.
Ombudsman and special prosecutor
f. Presidents, directors of trustees, or managers of Take note: Crime of plunder does not absorb forfeiture cases
government-owned or controlled corporations, state
universities or educational institutions or foundations Plunder – what is sought to be established is the
commission of the criminal acts in furtherance of the
2. Members of Congress and officials thereof classified as acquisition of ill-gotten wealth.
Grade 27
Forfeiture case – all that needs to be determined by
3. Members of the Judiciary without prejudice to the provisions preponderance of evidence is the disproportion of
of the Constitution respondent’s properties to his legitimate income, it being
unnecessary to prove how he acquired such properties.
4. Chairmen and members of Constitutional Commissions
(COMELEC, COA, CSC) without prejudice to the provisions POWERS, FUNCTIONS & DUTY OF OMBUDSMAN
of the Constitution 1. Investigate and prosecute any act or omission of any public
officer or employee, office or agency, when such act or
5. All other national and local officials classified as Grade omission appears to be illegal, unjust, improper or
27 and higher (In other words, even if the position is not inefficient.
among listed, so long as the salary grade is 27 or above,
Sandiganbayan can have jurisdiction) 2. It has primary jurisdiction over cases cognizable by
the Sandiganbayan and, in the exercise of this primary
Example: An RTC clerk even though not a member of the jurisdiction, it may take over, at any stage, from any
Judiciary can still be under the jurisdiction of the investigatory agency of Government, the
Sandiganbayan if their salary grade is 27 or higher. investigation of such cases. (The Ombudsman Act of 1989,
REPUBLIC ACT NO. 6770)
APPELLATE JURISICTION OF SANDIGANBAYN

1. Exclusive appellate jurisdiction over final judgments, JURISDICTION OF THE COURT OF APPEALS
resolutions or orders of RTC

2. Exclusive jurisdiction over petitions for the issuance of A. ORIGINAL


the writs of mandamus, prohibition, certiorari, habeas I. EXCLUSIVE
corpus, injunctions, in aid of its appellate A. Actions for annulment of judgments of the
jurisdiction. Regional Trial Court
B. Crimes of Terrorism under Human Security Act of
3. Quo warranto petitions arising in cases filed under 2007
Executive Order Nos. 1, 2, 14 and 14-A. Provided, that
the jurisdiction is not exclusive to the Supreme Court II. CONCURRENT
A. With the Supreme Court:
OFFICIALS NEEDING A SALARY GRADE OF 27 OR HIGHER a. Petitions for certiorari, prohibition and
The law mentions salary grade 27 only in relation to the following mandamus against the Regional Trial Court
officials:
1. Officials of the executive branch, occupying the B. With the Supreme Court & Regional Trial Court:
position of regional director and higher a. Petitions for certiorari, prohibition and
2. Members of Congress or officials thereof mandamus against the Municipal Trial Court
3. All other national and local officers not enumerated in
a-g B. EXCLUSIVE APPELLATE
II. BY APPEAL
Take note: Officials listed in letters a-g are subject to the A. From the RTC in cases commenced therein,
jurisdiction of the Sandiganbayan, regardless of salary grade. except those appealable directly to the Supreme
Court or the Sandiganbayan
OFFENSES COMMITTED IN RELATION TO THE OFFICE
A. The offense cannot exist without the office (e.g. direct III. BY PETITION FOR REVIEW
bribery, malversation of public funds) A. From the Regional Trial Court in cases appealed
B. Even if the position is not an essential ingredient of the thereto from the lower courts and not appealable
offense charged, provided that the information avers to the Sandiganbayan.
the intimate connection between the office and the
offense
JURISDICTION OF THE SUPREME COURT
ANTI-MONEY LAUNDERING CASES
The money-laundering cases committed by public officers and
private persons who are in conspiracy with such public officers. A. ORIGINAL JURISDICTION
I. EXCLUSIVE
FORFEITURE CASES Petitions for certiorari, prohibition and mandamus

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

against the Court of Appeals & the Sandiganbayan


Exceptions:
II. CONCURRENT 1. No functioning civil courts
A. With the Court of Appeals: 2. In times of war
a. Petitions for certiorari, prohibition and
mandamus against the Regional Trial Court Take note: Prior to 1987, decisions of military tribunals over
civilians is valid and binding. (Olaguer doctrine is prospective in
B. With the Court of Appeals & the Regional Trial application)
Court
a. Petitions for certiorari, prohibition and Can the civilian question the military tribunal prior to 1987?
mandamus against the Municipal Trial Court Yes, on the ground of serious violation of his constitutional right.

C. With the Sandiganbayan: What is the meaning of regular courts?


a. Petitions for mandamus, prohibition certiorari, They refer to civil courts, as opposed to military courts or court
habeas corpus, injunctions and ancillary writs martial.
in aid of its appellate jurisdiction;
JURISDICTION OVER AFP AND OTHER MILTARY
b. Petitions for quo warranto arising from PERSONNEL
Executive Order #s 1, 2, 14 & 14 – A
General rule: Regular courts have jurisdiction.
B. APPELLATE JURISDICTION
I. BY APPEAL Exception: If before the arraignment, it was found out that the
A. From the Regional Trial Court: offense was service-connected – court martial has jurisdiction
a. In all criminal cases involving offenses for
which the penalty is reclusion perpetua or life Exception to the exception: If the President of the Philippines
imprisonment; would insist that it be tried in regular courts.

b. Those involving other offenses which, A Military coronel was charged in violation of Anti-Graft and
although not so punished, arose out of the Corrupt Practices Act. Which court has jurisdiction?
same occurrence or which may have been Sandiganbayan. If service-connected, court martial.
committed by the accused on the same
occasion.
SUMMARY PROCEDURE IN CRIMINAL CASES
II. Automatic Review in criminal cases where death
penalty is imposed.
SUMMARY PROCEDURE IN CRIMINAL CASES
III. BY PETITION FOR REVIEW ON CERTIORARI The MTCs, MTCCs, MCTCs shall have jurisdiction over cases
A. From the Court of Appeals; falling under summary procedure committed within their
B. From the Sandiganbayan; and jurisdiction:
C. C. From the Regional Trial Court where only an
error or question of law is involved A. Violations of traffic laws, rules and regulations
B. Violations of rental law and BP22
PP vs. Mateo (2004) C. Violations of municipal and city ordinances
SC held that while the Fundamental Law requires a mandatory D. All other criminal cases where penalty does not exceed
review by the SC of cases where the penalty imposed is 6 months, or a fine not exceeding P1,000, or both,
reclusion perpetua, life imprisonment or death, nowhere irrespective of other imposable penalties
however, has it proscribed an intermediate review. If only to E. Damage to property through criminal negligence where
ensure utmost circumspection before the penalty of reclusion the imposable fine does not exceed P10,000
perpetua, life imprisonment or death is imposed, the Court now
deems it wise and compelling to provide in these cases a review How is a criminal case filed under summary procedure?
by the CA before the case is elevated to the SC. A prior GR: Either by complaint or information.
determination by the CA on, particularly, the factual issues, XPN: In Metro Manila and other chartered cities – filing shall be
would minimize the possibility of an error of judgment. If the CA by information
should affirm the penalty of reclusion perpetua, life
imprisonment or death, it could then render judgment imposing Complaint or information shall be accompanied by the
the corresponding penalty as the circumstances so warrant, affidavits of the complainant and his witness in such
refrain from entering judgment and elevate the entire records of number of copies as there are accused, plus 2 copies
the case to the SC for final disposition. for court’s files.
Shall be complied within 5 days from the filing of the
case. (Sec. 11)
JURISDICTION OF THE MILITARY COURTS
What happens if the court finds no cause to hold the
accused for trial?
OLAGUER DOCTRINE (1987) The court shall order the dismissal of the case. (Sec. 13)
A military commission cannot take jurisdiction over civilians.

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

What about if the court finds ground to hold the accused for When acts are initiated that would put the offender in contact
trial? with the law – when the criminal act is brought to the attention
The court shall set the case for arraignment and trial. (Sec. 13) of duly constituted authorities.

Before conducting the trial, what should be done by the Examples:


court? 1. Offended part may file a written complaint before the
The court shall call the parties to a preliminary conference, barangay
during which the following may be done: 2. In certain cases, file a complaint directly with the MTC
A. Entering into a stipulation of facts 3. When law enforcers search a place and seize goods
B. Considering the propriety of allowing the accused to 4. When offender is arrested in flagrante delicto or by
enter a plea of guilty to a lesser offense virtue of a hot pursuit
C. Other matters to clarify the issues and to ensure a
speedy disposition of the case (Sec. 14) Are there violations of laws or ordinances which require
compliance with the barangay conciliation proceedings?
Can the admission made by the accused during the Yes, as provided under the LGC. Compliance will set in motion
preliminary conference be used against him? the initial contact of the parties with the criminal justice system.
Yes, provided it is reduced to writing and signed by the accused
and his counsel. (Sec. 14) Does the filing of an action with the barangay suspend the
running of the prescriptive period?
Is an actual direct examination of the witnesses required Yes, but only for 60 days.
during trial?
No, because the affidavits submitted shall constitute their direct Do all cases require barangay conciliation?
testimonies. However, the witnesses may be subjected to a No. When the penalty is at least 4 years, 2 months and 1 day, a
cross-examination, re-direct or re-cross. (Sec. 15) barangay conciliation is not needed.

Is the court mandated to arrest the accused? Can the offended party go directly to court to file a criminal
No, except where the ground is his failure to appear when action?
required by the court. (Sec. 16) No. Before a complaint is filed in court, there should have been
a confrontation between the parties before the Lupon chairman.
When should the summary judgment be promulgated? The Lupon secretary must certify that no conciliation or
Not later than 30 days after the termination of the trial. (Sec. 17) settlement was reached, attested to by the Lupon chairman.
The complaint may also be filed if the settlement is repudiated
What are the prohibited pleadings, motions and petitions in by the parties.
summary procedure?
Are there exceptions when the parties may go directly to
1. Motion to quash the complaint or information, except if court?
the ground is lack of jurisdiction over the case or failure 1. Where the accused is under detention
to comply with the barangay conciliation proceedings 2. Where a person has otherwise been deprived of
2. Motion for bill of particulars personal liberty calling for habeas corpus proceedings
3. Motion for new trial or for consideration of judgment or 3. Where actions are coupled with provisional remedies
for reopening of trial 4. Where the action may be barred by the statute of
4. Petition for relief from judgment limitations
5. Motion for extension of time to file pleadings, affidavits,
etc. When are amicable settlements not allowed?
6. Memoranda 1. Where one party is the government
7. Petition for certiorari, mandamus, or prohibition against 2. Where one party is a public officer or employee and the
any interlocutory order issued by the court dispute relates to the performance of his official
8. Motion to declare the defendant in default functions
9. Dilatory motions for postponement 3. Offenses punishable by imprisonment exceeding 1
10. Reply year or a fine exceeding P5,000
11. Third-party complaints 4. Where there is no private offended party
12. Interventions 5. Where the dispute involves real properties located in
different cities or municipalities
6. Disputes involving parties who reside in different
WHEN DOES THE RULES OF CRIMINAL PROCEDURE barangays, cities, or municipalities
COME INTO OPERATION? 7. Other cases which the President may determine in the
interest of justice or upon the recommendation of the
Secretary of Justice.
INITIAL CONTACT
No matter how or against whom the offense is committed, the
mere commission of a crime does not automatically trigger the
application of the rules of criminal procedure.

When do the rules of criminal procedure come into


operation?

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

EFFECT OF THE INSTITUTION ON THE PRESCRIPTIVE


CHAPTER II. PROSECUTION OF OFFENSES (RULE 110) PERIOD

General rule: The institution of the criminal action shall


interrupt the period of prescription of the offense.
INSTITUTION OF CRIMINAL ACTIONS
Exception: Unless otherwise provided in special laws.

What is the effect of the institution of the criminal action on


CRIMINAL ACTIONS the period of prescription of the offense?
The institution of the criminal action shall interrupt the running of
the period of prescription of the offense unless otherwise
PURPOSE OF CRIMINAL ACTION provided in special laws. The rule does not apply to violations
To determine the penal liability of the accused and if he be found of municipal ordinances and special laws. The prescriptive
periods for violations of special laws are interrupted only by the
guilty, to punish him for it.
institution of judicial proceedings for their investigation and
Parties of the action: punishment, while violations of municipal ordinances prescribe
People of the Philippines and the accused. after two months.
People v. Bautista
Take note: The offended party is merely a witness of the state.
The filing of the complaint with the fiscal’s office suspends the
running of the prescriptive period and it remains tolled from the
Distinguish “institution” from “commencement” of an
time the complaint was filed until such time that respondent is
action.
either convicted or acquitted.
For offenses which require a preliminary investigation, the
criminal action is instituted by filing the complaint for preliminary
Francisco v. Court of Appeals
investigation. The criminal action is commenced when the
The filing of the complaint in the MTC, even if it be merely for
complaint or information is filed in court.
purposes of preliminary investigation or examination interrupts
HOW CRIMINAL ACTIONS ARE INSTITUTED
the period of prescription, even if the court where the complaint
It would depend whether or not the offense requires preliminary
or information was filed cannot try the case on its merits.
investigation.
RULE ON PRESCRIPTION FOR VIOLATIONS OF SPECIAL
If preliminary investigation is required LAWS AND MUNICIPAL ORDINANCES
File the complaint with the office of the prosecutor for
the purpose of conducting the requisite preliminary RA No. 3326
investigation Law which governs the period for prescription for violations
penalized by special acts and municipal ordinances.
If preliminary investigation is not required –
A. File the complaint or information directly with the
MTC Penalty/Crime Prescriptive period
B. File the complaint with the office of the prosecutor
Only fine, imprisonment for not more
After 1 year
DIRECT FILING than 1 month, or both
In Regional Trial Courts and Metropolitan Trial Court of Manila Imprisonment for more than 1 month
After 4 years
and other chartered cities but less than 2 years
Imprisonment for 2 years or more
How are criminal actions in Manila and other chartered After 8 years
but less than 6 years
cities instituted?
Imprisonment for 6 years or more 12 years
A special rule applies in this case. No direct filing is allowed.
Complaint shall be filed with the office of the prosecutor, unless Treason 20 years
otherwise provided in their charters. Offenses against any law
After 5 years
administered by the Bureau of
Can there be direct filing of an information or complaint
Internal Revenue
with the RTC?
NO, because the jurisdiction of RTC covers offenses which Violations of municipal ordinances After 2 months
require preliminary investigation. (RTC’s jurisdiction – more than
6 years) Violations of municipal ordinances
When is preliminary investigation required?
Zaldivia v. Reyes
When the penalty is at least 4 years, 2 months and 1 day. In cases involving violations of municipal ordinances, the period
of prescription shall be suspended only when judicial
In case of conflict between a city charter and a provision
proceedings are instituted.
of the Rules, which shall prevail?
The charter should prevail, being a substantive law.
Jade Wei Parking Systems Corp case
In cases of violations of ordinances – file with the MTC within 2
months. Otherwise, crime will prescribe.

8|U NIV ERSI TY OF SA N CA R LOS


CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

Violations of special laws Can the public prosecutor turn over the actual prosecution
of the criminal case to the private prosecutor?
Sanrio Company Limited v. Lim
Prescriptive period for violation of special laws is interrupted by Yes, but he may at any time take over the actual conduct of the
the institution of proceedings against respondent. trial.

People v. Pangilinan Pinote v. Ayco


There is no more distinction between cases of RPC and The presence of a public prosecutor in the trial of criminal case
special law with respect to the interruption of prescriptive is necessary to protect vital state interests. Hence, the act of
period. Preliminary investigation interrupts the prescription. allowing the presentation of defense witnesses in the absence
of the public prosecutor is a clear transgression.
Sec v. Interport Resources Corporation
The filing of a complaint for purposes of preliminary Can the Supreme Court order the prosecution against
investigation, interrupts the period of prescription of criminal whom the prosecutor does not find sufficient evidence to
responsibility. support at least a prima facie case?
No, except when there is an unmistakable showing of grave
An administrative investigation made by an administrative body abuse of discretion on the part of the prosecutor. But before filing
like the SEC will toll the prescriptive investigation because they for mandamus to compel a fiscal to include another co-accused
are equivalent to preliminary investigation. in the information, the party must first avail himself of other
remedies such as the filing of a motion for inclusion.
Take note:
In violations of municipal ordinances – only judicial To whom should you appeal the decision of the prosecutor?
proceedings can interrupt the prescriptive period (Zaldivia The decision of the prosecutor may be modified by the Secretary
case) of Justice or in special cases by the President of the Philippines.
(See. Discussion on Remedies under Rule 112, infra.)
In violations of special laws – both administrative and
judicial proceedings interrupt the prescriptive period Is the prosecutor required to be physically present in the
trial of a criminal case?
According to People v. Beriales (1976 case), he should be
PROSECUTION OF THE CRIMINAL ACTION present. If he is not physically present, it cannot be said that the
prosecution was under his direction and control.

But in People v. Malinao and Bravo v. CA, it was held that the
WHO MUST PROSECUTE THE CRIMINAL ACTION proceedings are valid even without the physical presence of the
Fiscal who left the prosecution to the private prosecutor under
his supervision and control.
Who must prosecute the criminal action?
General Rule: All criminal actions commenced by the filing of a After the case is filed in court, to whom should a motion to
complaint or information shall be prosecuted under the direction dismiss be addressed?
and control of the prosecutor. Once the information is filed in court, the court acquires
jurisdiction. Whatever disposition the prosecutor may feel
Exception: should be proper in the case thereafter should be addressed for
However, in the Municipal Trial Courts and Municipal Circuit Trial the consideration of the court, subject only to the limitation that
Courts, if the prosecutor is not available, the offended party, the court should not impair the substantial rights of the accused
any peace officer, or other officer charged with the enforcement or the right of the people to due process.
of the law violated may prosecute.
Where should a motion for reinvestigation be filed?
This authority ceases upon actual intervention by a prosecutor After a complaint or information has already been filed in court,
or upon elevation of the case to the RTC. a motion for reinvestigation should be addressed to the trial
judge and to him alone. (See. Discussion under Rule 112, infra.)
A criminal action is prosecuted under the direction and control How is criminal action prosecuted in the MTC?
of the public prosecutor, even if there is a private prosecutor. Under the direction and control of the public prosecutor.
However, when he is not available, the action may be
Rationale: Since a criminal offense is an outrage against the prosecuted by?
sovereignty of the State hence a representative of the State shall
direct and control the prosecution thereof. A. Offended party
B. Any peace officer
What are the powers and discretion of the public C. Public officer charged with the enforcement of the law
prosecutor? violated
1. Determine whether a prima facie case exists
2. Decide which of the conflicting testimonies should be How are violations of special laws prosecuted?
believed Pursuant to the provisions of said law.
3. Determine which witnesses to present in court
4. Determine what case to file and whom to prosecute

9|U NIV ERSI TY OF SA N CA R LOS


CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

An information for robbery with rape was filed against X. X


PROSECUTION OF PRIVATE CRIMES moved to dismiss the information on the ground that there
was no complaint filed by the offended party. Should the
case be dismissed?
What is a private crime? No. In robbery with rape, the complaint of the offended party is
Private offenses are those which cannot be prosecuted except not necessary since the offense of robbery is not a private
upon complaint filed by the aggrieved party. Strictly speaking, offense. The prosecution can be commenced without the
there is no such thing as a private offense since all offenses are complaint of the offended party.
an outrage against the State. They are denominated as private
offenses only to give deference to the offended party who may
prefer not to file the case instead of going through the scandal INTERVENTION OF THE OFFENDED PARTY IN THE
of a public trial. PROSECUTION OF THE CRIMINAL ACTION

What are the crimes that must be prosecuted upon


complaint of the offended party?
1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness INTERVENTION OF THE OFFENDED PARTY
3. Defamation which consists in the imputation of an
offense mentioned above
What is Article 100 of the RPC?
After a complaint for a private crime has been filed in court, Every person criminally liable for a felony is also civilly liable.
what is the effect of pardon by the offended party?
The pardon by the offended party will not have any effect on the What does civil liability include?
prosecution of the offense. Once a complaint has been filed in 1. Restitution
court, jurisdiction over the offense will be acquired and will 2. Reparation
continue to be exercised by the court until termination of the 3. Indemnification for damages
case.
Can the offended party intervene in the prosecution of the
What is the meaning of the statement that compliance with criminal action?
the rule is jurisdictional?
This means that the complaint filed by the offended party is what Yes, except if he has waived, has reserved his right, or has
starts the prosecution, without which the courts cannot exercise already instituted the criminal action. The reason for this rule is
their jurisdiction. Compliance with the rule does not confer because of Article 100 of the RPC which provides that every
jurisdiction because it is the law which confers jurisdiction upon person criminally liable shall also be civilly liable and also
the courts. because there are certain offenses which cannot be prosecuted
except upon complaint of the offended party.
Can the father file a complaint on behalf of his daughter for
concubinage? What is the reason why the offended party is allowed to
No. The rule allowing the parents, grandparents, and guardians intervene in the prosecution of the offense?
to file a complaint on behalf of the minor applies only to the It is because of the existence of a civil liability. Hence, if there is
offenses of seduction, abduction, and acts of lasciviousness. A no civil liability, the intervention of the offended party through his
complaint for adultery or concubinage may be filed only by the counsel or private prosecutor cannot be allowed.
offended spouse.
Is the civil action impliedly instituted with the criminal
If the offended party in abduction, seduction, and acts of action?
lasciviousness is of age, can her parents file the complaint Yes, except when:
for her? 1. Waived
No. If the offended party is already of age, she has the exclusive 2. Reserved
right to file the complaint unless she becomes incapacitated. 3. Instituted prior
The parents, grandparents, and guardian only have exclusive,
successive authority to file the case if the offended party is still Can the Offended Party intervene in the prosecution of the
a minor. criminal action even if there is no civil liability?
Yes. The offended party, who has neither reserved, waived, nor
If the offended party dies during the pendency of the case, instituted the civil action may intervene, and such right to
is the criminal liability of the accused extinguished? intervene exists even when no civil liability is involved. (Paul Lee
No. v. Chin Lee citing Lim Tek Goan v. Yatco)

X filed a sworn complaint for acts of lasciviousness before Do the offended parties have the right to move for the
the prosecutor. Before the prosecutor could file the case in dismissal of a case?
court, X died. Can the prosecutor still file the information No. The right belongs only to the government prosecutor who
in court? is the representative of the plaintiff.
Yes. The desire of X to file the case is evident by her filing of
her sworn complaint with the prosecutor. Can the offended party file a civil action for certiorari in his
own name if the RTC dismisses an information?

10 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

Yes. In case of grave abuse of discretion amounting to lack of A sworn written complaint is required if the offense is one which
jurisdiction, the petition may be filed by the offended party cannot be prosecuted de officio, or is private in nature
because the offended party has an interest in the civil aspect of (adultery, concubinage, abduction, seduction, acts of
the case. lasciviousness, defamation consisting in the imputation of any
of the above offenses), or where it pertains to those cases which
need to be endorsed by specific public authorities (Anti-
THE COMPLAINT AND INFORMATION Dummy Board with respect to the Anti-Dummy Law, National
Water and Air Pollution Control Commission with respect to the
Anti-Pollution Law).
What is a complaint?
A complaint is a sworn written statement charging a person with What is an information?
an offense, subscribed by the offended party, any peace officer, An information is an accusation in writing charging a person with
or other public officer charged with the enforcement of the law an offense, subscribed by the prosecutor and filed with the court.
violated.
What is the difference between a complaint and an
If the complaint is not sworn to by the offended party, is it information?
void?
No. A complaint presented by a private person when not sworn COMPLAINT INFORMATION
to by him is not necessarily void. The want of an oath is a mere May be signed by the Always signed by
defect of form which does not affect the substantial rights of the offended party, any prosecuting officer
defendant on the merits. peace officer, or other
public officer charged
Who may file a complaint? with the enforcement
The complaint may be filed by the offended party, any peace of the law violated
officer, or other public officer charged with the enforcement of Sworn to by the Need not be under oath
the law violated. person signing it since the prosecuting
officer filing it is already
If the offended party dies before he is able to file a acting under his oath of
complaint, can his heirs file it in his behalf? office
No. The right to file a criminal action is personal and abates May be filed either Always filed with the
upon the death of the offended party. It is not transmissible to with the office of the court
the heirs. prosecutor or with the
court
Can you file a criminal complaint against a juridical person?
No, a criminal action cannot lie against a juridical person. It the When is a complaint or information deemed sufficient?
corporation violates the law, the officer, through whom the A complaint or information is sufficient if it states:
corporation acts, answers criminally for his acts.
1. the name of the accused
What is the form required for the complaint or information? 2. the designation of the offense given by the statute
The complaint or information shall be in writing, in the name of 3. the acts or omissions complained of as constituting the
the People of the Philippines and against all persons who offense
appear to be responsible for the offense involved. 4. the name of the offended party
5. the approximate date of the commission of the offense
Why should a complaint or information be in the name of 6. the place of the commission of the offense
the People of the Philippines?
Criminal actions must be commenced in the name of the People When is the error in the name of the accused not fatal to an
because just as a crime is an outrage against the peace and information?
security of the people at large, so must its vindication be in the Error in the name of the accused will not nullify the information
name of the People. However, it the action is instituted in the if it contains sufficient description of the person of the accused.
name of the offended party or of a particular city, the defect is
merely of form and may be cured at any state of the trial. When should the error in the name or identity be raised by
the accused?
Why should the complaint or information be in writing? The error should be raised before arraignment, or else it is
The complaint or information should be in writing so that the deemed waived.
court has a basis for its decision, to inform the accused of the
nature and cause of the accusation to allow him to present his X was charged with homicide. Can he be possibly be
defense, and so that nobody will forget the charge, given the convicted of murder?
fallibility of human memory. Yes. If the recitals in the complaint or information of the acts
and omissions constituting the offense actually allege murder, X
Who is the “offended party”? can be convicted of murder. This is because it is the recital of
The offended party is the person actually injured or whose facts and not the designation of the offense that is controlling.
feeling is offended. He is the one to whom the offender is also
civilly liable under Article 100 of the RPC.
X was charged with estafa, but the recital of facts actually
When is a complaint required? alleges theft. Can X be convicted of theft?
11 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

Yes, because it is the recital, not the designation of the offense What is the rule on duplicity of offenses?
that is controlling. A complaint or information must charge only one offense, except
when the law provides only one punishment for various offenses
X was charged with estafa, and the recital of facts allege (compound and complex crimes under Art. 48 of the RPC and
estafa. Can X be convicted of theft? special complex crimes).
No. The two crimes have elements that are different from each
other. To convict X of theft under an information that alleges What is the effect of the failure of the accused to object to
estafa would violate his right to be informed of the nature and a duplicitous information?
cause of the accusation against him. If the accused fails to object before arraignment, the right is
deemed waived, and he may be convicted of as many offenses
X was charged with rape committed through force and as there are charged.
intimidation. Can he be convicted of rape where the woman
is deprived of reason or is otherwise unconscious? X fired his gun once, but the bullet killed two persons. He
No. Where the law distinguishes between two cases of violation was charged with two counts of homicide in one
of its provision, the complaint or information must specify under information. Can he be convicted under that information?
which of the two cases the defendant is being charged. Yes. It falls under the exception to the rule. This is a compound
crime in which one act results in two or more grave or less grave
In what case can an accused not be convicted of a crime felonies. The law provides only one penalty for the two offenses.
different from that designated in the complaint or
information even if the recitals allege the commission of the X was charged with both robbery and estafa in one
crime? information. Can he be convicted of both offenses?
If it involves: It depends. If he objects to the duplicitous information before
arraignment, he cannot be convicted under the information. But
1. a change of the theory of the trial if he fails to object before arraignment, he can be convicted of
2. requires of the defendant a different defense as many offenses as there are in the information.
3. surprises the accused in any way
What is the principle of absorption?
X was accused of illegal possession of firearms, but the In cases of rebellion, other crimes committed in the course of
information did not allege that X did not have any license to the crime are deemed absorbed in the crime of rebellion either
possess the firearm. Is the information valid? as a means necessary for its commission or as an unintended
No. The absence of the license is an essential element of the effect of rebellion. They cannot be charged as separate
offense. Therefore, it should be alleged in the complaint or offenses in themselves. The exception is when the common
information. crimes are committed without any political motivation. In such a
case, they will not be absorbed by rebellion.
X was charged with illegal possession of opium. X
contends that the information was invalid for failure to X was speeding on a highway when his car collided with
allege that he did not have a prescription from a physician. another car. The other car was totally wrecked and the
Is X correct? driver of the other car suffered serious physical injuries.
No. The absence of the prescription is not an essential element How many informations or complaints should be filed
of the offense and is only a matter of defense. It need not be against X?
alleged in the information. Only one information should be filed for serious physical injuries
and damage to property through reckless imprudence. The
What are the offenses in which the particular place where information against X cannot be split into two because there was
the offense was committed is essential? only one negligent act resulting in serious physical injuries and
1. Violation of domicile damage to property.
2. Penalty on the keeper, watchman, visitor of opium den
3. Trespass to dwelling Same case, but the injuries suffered by the driver were only
4. Violation of election law (prohibiting the carrying of a slight physical injuries. How many informations should be
deadly weapon within a 30-meter radius of polling filed?
places) Two informations – one for the slight physical injuries and the
other for damage to property. Light felonies cannot be
What are the offenses in which the time of the commission complexed.
of the offense is essential?
1. Infanticide
2. Violation of Sunday Statutes (Election Law)
3. Abortion

In what case is the name of the offended party dispensable?


In offenses against property, the name of the offended party may
be dispensed with as long as the object taken or destroyed is
particularly described to property identify the offense.

In what cases is the name of the offended party


indispensable?
Slander, robbery with violence or intimidation.

12 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

Is an additional allegation of conspiracy a substantial


AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR amendment?
INFORMATION Yes because it changes the theory of the defense. It makes the
accused liable not only for his own acts but also for those of his
co-conspirators. (Old J. Sabio answer)

AMENDMENT The new answer is: No, it is not a substantial amendment in the
following example: X is charged with murder as principal. Later,
the complaint is amended to include two other persons who
When can a complaint or information be amended? allegedly conspired with X. Can X invoke double jeopardy on
the ground that the amendment is substantial? No. The
BEFORE PLEA, a complaint or information can be amended in amendment is merely a formal amendment because it does not
form or in substance without leave of court. prejudice the rights of X, who was charged as a principal to
begin with.
EXCEPT if the amendment will downgrade the offense or
drop an accused from the complaint or information. In such Is a change in the items stolen by the accused a substantial
a case, the following requisites must be observed: amendment?
Yes because it affects the essence of the imputed crime and
1. must be made upon motion of the prosecutor would deprive the accused of the opportunity to meet all the
2. with notice to the offended party allegations in preparation of his defense.
3. with leave of court
4. the court must state its reason in resolving the motion Is a change in the nature of the offense due to supervening
5. copies of the resolution should be furnished all parties, event a substantial amendment?
expecially the offended party No, it is merely a formal amendment.

AFTER PLEA, only formal amendments may be made only with Estafa in RPC and Estafa in BP22
leave of court and when it can be done without causing prejudice Substantial amendment
to the rights of the accused.

EXCEPT:
1. Substantial Amendment is beneficial to the accused. SUBSTITUTION
2. Doctrine of supervening event.

TEST TO DETERMINE SUBSTANTIAL AMENDMENT When can a complaint or information be substituted?


1. Is it beneficial to the accused? If yes, allowed. A complaint or information may be substituted if at any time
2. Will it be prejudicial to the rights of the accused? (defense before judgment, it appears that a mistake has been made in
cannot be sustained, evidence gathered cannot be used charging the proper offense, and the accused cannot be
in the new information) convicted of the offense charged or of any other offense
necessarily included therein, provided that he will not be placed
When are the rights of the accused prejudiced by an in double jeopardy.
amendment?
1. When a defense which he had under the original Rules in substitution
information would no longer be available 1. No substitution if there is already a final judgment
2. When any evidence which he had under the original 2. No substitution if double jeopardy will attach.
information would no longer be available 3. No substitution if accused can be convicted of the
3. When any evidence which he had under the original crime charged
information would not longer be applicable to the 4. No substitution if the offense charged is necessarily
amended information include or necessarily includes the offense originally
charged (e.g. homicide necessarily includes physical
What are substantial amendments? injuries and vice versa)
After plea, substantial amendments are prohibited. These are
amendments involving the recital of facts constituting the What are the distinctions between amendment and
offense and determinative of the jurisdiction of the court. All substitution?
other matters are merely of form. 1. Amendment may involve either formal or substantial
changes, while substitution necessarily involves a
Is an additional allegation of habitual delinquency and substantial change.
recidivism a substantial amendment? 2. Amendment before plea can be effected without leave
No. These allegations only relate to the range of the imposable of court, but substitution is always done with leave of
penalty but not the nature of the offense. court since it involves the dismissal of the original
complaint.
IOW, Changing the specific averments in the information for 3. Where the amendment is only as to form, there is no
purposes of determining the proper crime or the jurisdiction of need for a new preliminary investigation or plea; in
the court. substitution, another preliminary investigation and plea
is required.

13 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

4. An amended information refers to the same offense


charged or to one which necessarily includes or is VENUE OF CRIMINAL ACTIONS
necessarily included in the original charge, hence
substantial amendments after plea cannot be made
over the objection of the accused. Substitution Where should a criminal action be instituted?
requires that the new information is for a different a. In the court of the municipality or territory where the offense
offense which does not include or is not necessarily was committed or where any of its essential ingredients
included in the original charge. occurred (Exception: Sandiganbayan cases)

Can the judge order the prosecutor to substitute the b. If committed in a train, aircraft, or other public or private
information? vehicle: in the court of any municipality or territory where the
Yes, in cases where the original information is erroneous, vehicle passed during its trip, including the place of departure or
provided that the substitution is done before judgment. arrival

Can the court order the dismissal of the original complaint c. If committed on board a vessel in the course of its voyage: in
before a new one is filed in substitution? the court of the first port of entry or of any municipality or territory
No. The court will not order the dismissal until the new where the vessel passed during the voyage, subject to the
information is filed. generally accepted principles of international law

Accused was arraigned and pleaded not guilty for d. Crimes committed outside the Phil but punishable under
homicide. Prosecutor wanted to amend the information to Article 2 of the RPC: any court where the action is first filed.
murder, however he learned that he cannot make such
substantial amendment. Can he validly ask for What is a continuing or transitory offense?
substitution? Transitory offenses are crimes where some acts material and
NO. Because it would tantamount to double jeopardy since essential to the crimes and requisite to their commission occur
homicide is necessarily included in the crime of murder. After in one municipality or territory and some in another. Continuing
arraignment, the first jeopardy will attach. offenses are consummated in one place, yet by the nature of the
offense, the violation of the law is deemed continuing. Examples
Accused was charged for less serious physical injuries. are estafa, abduction, malversation, libel, kidnapping, violation
Evidence is for serious physical injuries. Will you ask for of BP22.
substitution?
NO. Because the court can convict the accused of the crime How do you determine jurisdiction over a continuing
charged. crime?
The courts of the territories where the essential ingredients of
Can the court convict the accused for serious physical injuries? the crime took place have concurrent jurisdiction. But the court
NO, because it is not charged against the accused but accused which first acquires jurisdiction excludes the other courts.
can be held liable for the crime charged – less serious.
What are the rules on venue in libel cases?
Accused was charged for serious physical injuries.
Evidence is for less serious physical injuries. Will you ask a. The criminal action for libel may be filed in the RTC of the
for substitution? province or the city where the libelous article is printed and first
NO. Because double jeopardy already attached. published.
b. If the offended party is a private individual, the criminal action
Can the court convict the accused for the serious physical may also be filed in the RTC of the province where he actually
injuries? resided at the time of the commission of the offense.
The trial court cannot convict the accused for the crime charged c. If the offended party is a public officer whose office is in Manila
because the evidence is only for less serious. at the time of the commission of the offense, the criminal action
may be filed in the RTC of Manila.
Accused pleaded not guilty to frustrated homicide. Victim d. If the offended party is a public officer whose office is outside
died. Prosecutor moved to amend the information to Manila, the action may be filed in the RTC of the province or city
murder. Can he validly do the same? where he held office at the time of the commission of the
Yes. Doctrine of supervening event. offense.

Accused already entered his plea for Estafa BP22.


Prosecutor wanted to amend Estafa under the RPC. Can he
validly do the same?
NO. Substantial amendment.

Can the prosecutor substitute?


Yes, because there was no judgment and he cannot be
convicted for the crime charged. No double jeopardy.

14 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

Yes because every person criminally liable is also civilly liable.


CHAPTER III. PROSECUTION OF CIVIL ACTION (RULE This is subject to the exception when the offended party has
111) waived or has reserved the right to institute the civil action
separately.

Can the accused file a counterclaim, cross-claim, third-


IMPLIED INSTITUTION OF THE CIVIL ACTION WITH THE party claim in the criminal case?
CRIMINAL ACTION No.

What are the Rules on filing fees?


What is the general rule? Filing fees apply when damages are being claimed by the
The general rule is when a criminal action is instituted, the civil offended party. The following summarizes the rule on filing
action for the recovery of the civil liability arising from the offense fees:
charged under Article 100 of the RPC shall be deemed instituted
with the criminal action. 1. Actual Damages
General Rule: There are no filing fees required for actual
damages claimed (Sec. l[a], Rule 111)
What are the exceptions?
The civil action is not deemed instituted in the following cases:
Exception: Unless required by the Rules.
1. When the offended party has waived the civil action
Examples: In Batas Pambansa Big. 22 cases, the filing fees
2. When the offended party has reserved the right to
shall be paid based on the amount of the check and shall
institute it separately
be paid in full ("Sec. l[b], Rule 111, Rules of Court); In estafa
3. When the offended party has instituted the civil action
cases, the filing fees shall be paid based on the amount
prior to the institution of the criminal action
involved (Sec. 21[a], AM. No. 04-2-04, August 16,2004).

What is the civil action that is deemed instituted with the 2. Moral, Nominal, Temperate or Exemplary damages
criminal action? but other than actual damages
Only the civil action for the recovery of civil liability arising from (a) Where the amount of such damages is specified in
the offense under Article 100 of the RPC, not the independent the complaint or information
civil actions under Article 32, 33, 34 and 2176 of the Civil Code. Filing fees shall be paid by the offended
party upon the filing of the criminal action in
What is the dual concept of civil liability? court where he seeks for the enforcement
This means that civil liability may arise from crimes or from of the civil liability of the accused.
quasi-delicts. Thus, a negligent act causing damage may
produce two kinds of civil liability – one arising from crime and (b) Amount is not specified in the complaint or
another from quasi-delict. The only limitation is that the offended information but, any of the damages is subsequently
party may not recover twice from the same act. awarded -
Filing fees assessed in accordance with the
What are the differences between a crime and a quasi- Rules, shall constitute a first lien on the
delict? judgment awarding such damages.
1. Crimes affect public interest, while quasi-delicts are
only of private concern
2. The RPC punishes or corrects the criminal act, while RESERVATION OF THE CIVIL ACTION
the Civil Code merely repairs the damage by means of
indemnification
3. Crimes are punished only if there is a law providing for When should the reservation be made?
their punishment, while quasi-delicts include all acts The reservation should be made before the prosecution
where fault or negligence intervenes. Therefore, presents its evidence and under circumstances affording the
quasi-delict is broader in scope. offended party a reasonable opportunity to make such
reservation.
What constitutes civil liability?
According to Article 104 of the RPC, it constitutes restitution, What is the reason for the rule requiring reservation?
reparation, and indemnification for consequential damages. The reason is to prevent double recovery from the same act or
omission.
What is the basis for the broader concept of civil liability?
The broader concept of civil liability means that every person In a BP 22 case, can the offended party make a reservation
criminally liable is also civilly liable. This is because in a criminal of the civil action?
offense, there are two offended parties – the state and the No. The criminal action shall be deemed to include the civil
private offended party. action, and the offended party is not allowed to make the
reservation. The actual damages and the filing fees shall be
If the complaint does not contain an allegation of damages, equivalent to the value of the check.
is the offender still liable for them?

15 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

What is the reason for allowing the civil liability to subsist


WHEN CIVIL ACTION IS SUSPENDED in spite of the acquittal of the accused?
This is because the parties in the criminal and civil action are
different – in the criminal action, the party is the state, while in
When is the separate civil action suspended? the civil action, the party is the private offended party. Also, the
After the criminal action has been commenced, the separate two actions required different quantum of evidence. The
civil action arising therefrom cannot be instituted until final criminal action requires proof of guilt beyond reasonable doubt,
judgment has been entered in the criminal action. while the civil action requires mere preponderance of evidence.

If the criminal action is filed after the civil action was instituted, Can the employer be subsidiarily liable?
the civil action shall be suspended in whatever stage it may be Yes. The trial court need not expressly pronounce the subsidiary
found before judgment on the merits. The suspension shall last liability of the employer. Nonetheless, before the employers'
until final judgment is rendered in the criminal action. subsidiary liability is enforced, adequate evidence must exist
establishing that:
Nonetheless, the civil action may be consolidated with the
criminal action at any time before judgment on the merits upon 1. they are indeed the employers of the convicted
motion of the offended party with the court trying the criminal employees;
action. The evidence presented at the civil action shall be 2. they are engaged in some kind of industry;
deemed reproduced in the criminal action without prejudice to 3. the crime was committed by the employees in the
the right of the prosecution to cross-examine the witness discharge of their duties; and
presented by the offended party in the criminal case and of the 4. the execution against the latter has not been
parties to present additional evidence. The consolidated satisfied due to insolvency.
criminal actions shall be tried and decided jointly.
These conditions may be determined in the same criminal action
Exception: When there is a prejudicial question in a previously in which the employee's liability, criminal and civil, has been
filed civil action, it should be resolved first. pronounced, in a hearing set for that precise purpose, with due
notice to the employer, as part of the proceedings for the
What happens to the period of prescription if there is no execution of the judgment.
consolidation?
Where there is no consolidation of the civil action with the
criminal action and the civil action is suspended or the civil
action cannot be instituted separately until after final judgment WHEN CIVIL ACTION MAY PROCEED INDEPENDENTLY
is rendered in the criminal action, the prescriptive period of the
civil action shall be tolled during the pendency of the criminal
action What are the independent civil actions?
The independent civil actions are those provided in Articles 32,
Are the independent civil actions also deemed suspended 33, 34, and 2176 of the Civil Code. They may proceed
with the filing of the criminal action? independently of the criminal action and shall require only a
No. Only the civil action arising from the crime under Article 100 preponderance of evidence.
is suspended. The independent civil actions are not suspended
and may continue even if the criminal action has been instituted. What are the consequences of the independent character
However, the offended party may not recover twice from the of actions under Articles 32, 33, 34 and 2176 of the Civil
same act. He should only get the bigger award. Code?
1. The right to bring the civil action shall proceed
What is the effect of an acquittal on the civil action? independently of the criminal action (Sec. 3, Rule 111,
The general rule is the civil action is not necessarily extinguished Rules of Court) and regardless of the results of the latter
by the acquittal of the accused. Even if the accused is acquitted, (Article 31, Civil Code of the Philippines).
the court can still award civil liability in the following cases:
2. The quantum of evidence required is preponderance of
1. When the acquittal is based on reasonable doubt evidence (Sec. 3, Rule 111, Rules of Court).
2. When there is a declaration in the decision that the
liability of the accused is only civil 3. (a) The right to bring the foregoing actions based on the
3. When the civil liability is not derived from or based on Civil Code need not be reserved in the criminal
the criminal act of which the accused is acquitted. prosecution, since they are not deemed included therein.

However, if the decision contains a finding that the act from (b) The institution or the waiver of the right to file a
which the civil liability may arise does not exist, the civil liability separate civil action arising from the crime charged does
is extinguished. not extinguish the right to bring an independent civil
action.
Can you compel a judge by mandamus to award civil
damages? (c) Even if a civil action is filed separately, the ex delicto
Yes because every person criminally liable is also civilly liable civil liability in the criminal prosecution remains, and the
and also because even if the accused is acquitted, there are offended party may — subject to the control of the
cases when he is still civilly liable. prosecutor — still intervene in the criminal action, in order
to protect the remaining civil interest therein.

16 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

EFFECT OF DEATH ON CIVIL ACTIONS Does suspension include dismissal?


The rule authorizing the suspension of the criminal case does
not prescribe the dismissal of the criminal action. It only
What is the effect of the death of the accused on the authorizes its suspension. The suspension shall be made upon
criminal and civil actions? the filing of a petition for suspension.
If the accused dies after arraignment and during the pendency
of the criminal action, both the criminal and civil liability arising Where to file the petition for suspension?
from the crime shall be extinguished. However, the independent A petition for the suspension of the criminal action may be filed
civil actions may be filed against the estate of the accused after in the office of the prosecutor conducting the preliminary
proper substitution, and the heirs of the accused may also be investigation. When the criminal action has been filed in court
substituted for the deceased. for trial, the petition to suspend shall be filed in the same criminal
action at any time before the prosecution rests.
If the accused dies before arraignment, the case shall be
dismissed, without prejudice to any civil action that the offended When is an action for annulment of marriage prejudicial to
party may file against the estate of the deceased. a bigamy case?
An action for annulment of marriage is prejudicial to a bigamy
The death of the accused during the pendency of his appeal case only if the accused in the bigamy charge is also the one
with the Supreme Court totally extinguished his criminal liability. asking for annulment of the second (bigamous) marriage based
Such extinction is based on Article 89 of the Revised Penal on vitiation of consent. This is because in such a case, if the
Code. The death of the accused likewise extinguished the civil court declares that the party’s consent was indeed vitiated and
liability that was based exclusively on the crime for which the annuls the marriage, then it would also mean that the party did
accused was convicted {i.e., ex delicto), because no final not willingly commit the crime of bigamy. It would thus be
judgment of conviction was yet rendered by the time of his determinative of the guilt or innocence of the accused.
death. Only civil liability predicated on a source of obligation
other than the delict survived the death of the accused, which
the offended party can recover by means of a separate civil
action

JUDGMENT IN CIVIL ACTION NOT A BAR TO CRIMINAL


ACTION

When the defendant is absolved of civil liability in a civil


action, can a criminal action still be filed against him?
Yes. While every person criminally liable is also civilly liable, the
converse is not true. Therefore, even if the defendant is
absolved of civil liability in a civil action, a criminal action can still
be filed against him. Besides, the state is a party in a criminal
action, while only the private offended party is a party in the civil
action. Moreover, the quantum of evidence in the civil action is
only preponderance of evidence, while that required in the
criminal action is proof beyond reasonable doubt.

PREJUDICIAL QUESTION

What is a prejudicial question?


A prejudicial question is one based on a fact separate and
distinct from the crime but is so intimately related to it that it
determines the guilt or innocence of the accused.

What are the elements of a prejudicial question?


1. The previously filed civil action involves an issue
which is similar or is intimately related with an issue
raised in the subsequent criminal action
2. The resolution of the issue will determine whether or
not the criminal action may proceed.

What is the reason for the principle?


The reason behind the principle of a prejudicial question is to
avoid two conflicting decisions in the civil case and in the
criminal case.

17 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

A preliminary investigation is essentially a judicial inquiry since


CHAPTER IV. PRELIMINARY INVESTIGATION there is an opportunity to be heard, the production and weighing
of evidence, and a decision rendered on the basis of such
evidence. The investigating officer acts as a quasi-judicial
officer.
NATURE OF PRELIMINARY INVESTIGATION
Bautista v. Court of Appeals 2001
A preliminary investigation is very different from other quasi-
What is preliminary investigation? judicial proceedings. A prosecutor in a PI does not determine
It is an inquiry or proceeding for the purpose of determining the guilt or innocence of the accused nor does he exercise
whether there is sufficient ground to engender a well-founded adjudication nor rule-making functions. However, like quasi-
belief that a crime has been committed and the respondent is judicial bodies, the prosecutor is an office in the executive
probably guilty thereof, and should be held for trial. department exercising powers akin to those of a court. BUT THE
SIMILARITY ENDS THERE
Is it a trial?
No, because it does not involve the examination of witnesses by Santos v. Go 2005
way of direct or cross-examinations and its purpose is not to A public prosecutor does not perform acts of a quasi-judicial
determine whether respondent is guilty beyond reasonable body because the latter is an organ of a government other than
doubt. a court and legislature which performs adjudicatory functions.

What is the purpose of preliminary investigation? Whether Rule 43 is a proper mode of appeal from a resolution
1. To determine whether or not a crime has been of the Secretary of Justice directing the prosecutor to file an
committed information in a criminal case?
2. To determine whether or not respondent is probably
guilty of the crime Take note: Rule 43 is an appeal from the judgment or resolutions
of quasi-judicial functions. Hence, there is a need to determine
What is the ultimate purpose of a PI? whether the conduct of PI by the prosecutor is a quasi-judicial
To secure the innocent against hasty, malicious, and oppressive function.
prosecution and to protect him from an open and public
accusation of a crime and from the trouble of a public trial. Also, DOJ is not among the quasi-judicial agencies enumerated in
to protect the State from useless and expensive prosecutions. Sec 1 Rule 43. Hence, its resolution is not appealable to the CA
via petition for review under Rule 43.
What is the role of a prosecutor?
To determine probable cause and to file the corresponding Balanguan v. CA 2008
information if he finds it to be so. A PI is not a quasi-judicial proceeding and DOJ is not a quasi-
judicial agency when it reviews the findings of a public
Take note: He does not determine the guilt or innocence of the prosecutor regarding the presence of probable cause. A PI is
accused. Hence, he does not exercise adjudication nor rule- not a trial on the merits and has no purpose except to determine
making functions. probable cause. A PI is an executive, not a judicial function.

What is the scope of preliminary investigation? Can this right be waived?


Preliminary investigation is merely inquisitorial and it is often the Yes, for failure to invoke the right prior to or at the time of the
only means of discovering whether the offense has been plea.
committed and the persons responsible for it to enable the fiscal
to prepare his complaint or information. It is not a trial on the
merits and has no purpose but to determine whether there is PRELIMINARY INVESTIGATION v. EXAMINATION
probable cause to believe that an offense has been committed
and that the accused is probably guilty of it. It does not place
the accused in jeopardy.
Preliminary Preliminary
investigation examination
NATURE OF PRELIMINARY INVESTIGATION

Conducted by the Conducted by the


Is the holding of a PI required by the Constitution? prosecutor to judge to determine
NO. It is not a fundamental right. It is simply a statutory right and Authority determine whether probable cause for
may be invoked only when specifically create by statute. accused should be the issuance of a
However, it is still a component of due process in criminal held for trial warrant of arrest
justice. Hence, a substantive right.

Is preliminary investigation a judicial proceeding? Nature Executive in nature Judicial in nature


There are different Supreme Court decisions regarding this
matter.

Cruz v. People 1994, Sales v. Sandiganbayan 2001

18 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

What is the difference between criminal investigation and 3. Appropriate number of copies of the above as there are
preliminary investigation? respondents, plus 2 copies for the official file
Criminal investigation is a fact-finding investigation carried out 4. Affidavits shall be subscribed and sworn before any
by law-enforcement officers for the purpose of determining prosecutor or government official authorized to
whether they should file a complaint for preliminary administer oath, or in their absence, a notary public.
investigation. Preliminary investigation is conducted for the
purpose of determining if there is probable cause to hold a When should the prosecutor act on the complaint?
person for trial. Within 10 days from its filing.

DIRECT FILING THE WITH THE MTC


PROBABLE CAUSE IN PRELIMINARY INVESTIGATION Complaint involves an offense punishable by imprisonment of
less than 4 years, 2 months and 1 day, same requirements as
when complaint is filed with the prosecutor.
PROBABLE CAUSE
How does the judge determine probable cause?
What is probable cause? By personally examining in writing and under oath the
The existence of such facts and circumstances as would lead a complainant and his witnesses in the form of searching
person of ordinary caution and prudence to entertain an honest questions and answers. Judge may also require the submission
and strong suspicion that the person charged is guilty of the of additional evidence within 10 days from notice.
crime subject of the investigation.
If the judge finds no probable cause within 10 days, what
Probable cause is based on what? happens?
Based merely on opinion and reasonable belief. It does not The judge shall dismiss the complaint.
import absolute certainty. It implies only probability of guilt and
requires more than bare suspicion but less than evidence to What happens if the judge finds probable cause?
justify conviction. He shall issue a warrant of arrest. If accused is already arrested,
the court shall issue a commitment order.
Who has discretion to determine probable cause?
It lies within the discretion of the prosecuting officers after Can the judge choose not to issue a warrant of arrest?
conducting a preliminary investigation upon complaint of an Yes, when the judge is satisfied that there is no necessity for
offended party. placing the accused under custody. He may just issue summons
instead of a warrant.
What are the 2 kinds of determination of probable cause?
1. Executive When can you say that the judge abused his discretion in
2. Judicial issuing a warrant?
When he issues a warrant based solely in the statement of a
Take note: Refer to preliminary investigation v. preliminary witness who was not even personally examined in writing and
examination discussion. under oath and in the form of searching questions and answers.

CASES REQUIRING PRELIMINARY INVESTIGATION What is the procedure in resolving a complaint when the
preliminary investigation is conducted by a judge?

When is PI required? 1. Within 10 days after the termination of the preliminary


When the offense has a penalty of at least 4 years, 2 months investigation, the investigating judge shall transmit the
and 1 day, without regard to fine. resolution of the case to the provincial or city
prosecutor, or to the Ombudsman for appropriate
If PI is not required, how do you institute a criminal action? action.
1. By filing the complaint with the prosecutor 2. The resolution shall state the findings of fact and law
2. By filing the complaint or information with the MTC supporting his action together with the record of the
case which shall include:
FILING WITH THE OFFICE OF THE PROSECUTOR
Complaint involves an offense punishable with at least 4 years, a. the warrant if the arrest is by virtue of a
2 months and 1 day. Also in Manila and other chartered cities warrant
where direct filing is not allowed. b. the affidavits, counter-affidavits, and
supporting evidence
If complaint if filed with the prosecutor, what shall the c. the undertaking or bail and the order of
complaint contain? release
1. The address of the respondent d. the transcripts of the proceedings
2. Complaint shall be accompanied by: e. the order of cancellation of the bail bond if the
a) Affidavit of complainant resolution is for the dismissal of the complaint
b) Affidavit of the complainant’s witnesses
c) Other supporting documents 3. Within 30 days from the receipt of the records, the
provincial or city prosecutor or the Ombudsman shall
review the resolution of the judge.

19 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

4. They shall act on the resolution, expressly and clearly Should the court dismiss the information in case a motion
stating the facts and the law on which it is based. for a PI is made by accused?
5. The parties shall be furnished with copies thereof. No. It should just remand the case to the prosecutor so that the
6. They shall order the release of an accused who is investigation may be conducted.
detained if no probable cause is found against him.
What is the effect of absence of PI on the effect on the
court’s jurisdiction?
WHEN PI NOT REQUIRED EVEN IF NORMALLY The absence of a PI does not affect the court’s jurisdiction nor
REQRUIRED does it impair the validity of the information.

If the complaint or information is amended, should a new


WHEN PI NOT REQUIRED EVEN IF OFFENSE NORMALLY preliminary investigation be conducted?
REQUIRES No.

When PI is not required even if the offense is one which If the complaint or information is substituted, should a new
normally requires a preliminary investigation? preliminary investigation be conducted?
If a person is arrested lawfully without a warrant involving an Yes.
offense which requires a PI because the penalty is at least 4
years, 2months and 1 day. A complaint may be filed without
need for a PI. INQUEST PROCEEDINGS

Can a person lawfully arrested without a warrant ask for a What is an inquest proceeding?
PI? It is that conducted when a person is lawfully arrested without a
Yes, before the complaint or information is filed, but he must sign warrant involving even an offense which requires a PI. It is not a
a waiver of the provisions of Article 125 of the RPC which must PI. It is a summary investigation.
be in writing and with the presence of counsel.
What is the purpose?
If information or complaint has already been filed, can the To determine whether or not the person detained should remain
accused still ask for a PI? under custody and then charged in court.
Yes, within 5 days from the time he learns of the filing. However,
accused should address the motion to the court for the holding When is inquest proceedings deemed commenced?
of a preliminary investigation. “Motion to conduct a PI” The moment the inquest officer receives the complaint and
referral documents from the law enforcement authorities.
When must PI be terminated?
15 days from its inception. What consists of the referral documents?
1. Affidavit of arrest
2. Investigation report
3. Statements of the complainant and the witnesses
Can the accused post bail during the PI? 4. Other supporting evidence gathered
Yes. While the PI is being undertaken, accused is still under
detention. Hence, he may apply for bail to effect his release. Should the detained person be present during the inquest
proceedings?
Take note: Bail must be applied for and issued by the court in Yes, unless reasons exists that would dispense with his
the province, city or municipality where the person arrested is presence. (e.g. hospital confinement, maximum security
held. detention)

What is the initial duty of the inquest prosecutor?


QUESTIONING THE ABSENCE OF PI To determine if the detained person has been lawfully arrested
by summarily examining the arresting officers on the
circumstances surrounding the arrest. (Because remember, an
When can the accused question the regularity or absence inquest proceeding is only for those people who were lawfully
of PI? arrested without a warrant)
Any time before he enters his plea. Failure to do so will amount
to a waiver. What happens if the person is found to be arrested
unlawfully?
What if the court denies the invocation of the right to a The inquest proceeding will not proceed. The inquest prosecutor
preliminary investigation, what is the remedy of the shall recommend the release of the detainee.
accused?
He must immediately appeal it to the appellate court. He cannot If warrantless arrest was properly effected, what happens?
later raise the issue for the first time on appeal. The inquest shall proceed. However, the inquest officer shall
first ask the detained person if he desires to avail of a preliminary
Is a motion to quash a proper remedy to question? investigation. If yes, waiver of Art 125 of RPC. PI may be
No, because the absence of a preliminary investigation is not conducted by the Inquest officer himself.
one of the grounds for a motion to quash under Sec 3 Rule 117.

20 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

What happens if the Inquest prosecutor finds that probable Who are those others who are also authorized to conduct a
exists? PI?
He shall prepare the corresponding information with the 1. COMELEC thru his authorized legal officers – for all
recommendation that the same be filed in court. If no probable election offenses punishable under the Omnibus
cause found, recommend the release of the detained person. Election Code and to prosecute the same

THE INQUEST MUST PERTAIN TO THE OFFENSE FOR 2. Office of the Ombudsman – any act or omission of any
WHICH ARREST WAS MADE public officer or employee when such appears to be
illegal, unjust, improper or inefficient.
The inquest conducted must be for the offense for which the
detainee was arrested. 3. Presidential Commission on Good Government – with
the assistance of the OSG is empowered to
Beltran v. People investigate, file and prosecute cases
Petitioners were incumbent congressmen and representatives
of party-list groups while others were private individuals. Should the procedure for PI be strictly followed?
Petitions sought the issuance of writs of prohibition to enjoin the YES!
prosecution of petitioners for rebellion and to set aside the
rulings of the DOJ and RTC Makati on the investigation and Ladlad v. Velasco
prosecution of petitioners’ cases and likewise challenged the A PI against Ladlad and Maza of the rebellion charges was held
validity off inquest proceedings against Beltran. before a panel of DOJ prosecutors on the basis of unsubscribed
letters of CIPG investigators alleging the petitioners have
Crispin Beltran, one of the petitioners, was arrested without a committed acts constituting rebellion.
warrant. He was not informed of the crime for which he was
arrested. On the evening, he was subjected to an inquest for During the PI, counsel for CIDG presented a masked man who
Inciting into Sedition based on a speech he gave during a rally claimed to be an eyewitness. Also, the panel of prosecutors
during the 20th anniversary of the EDSA revolution. gave petitioners 10 days within which to file their counter-
affidavits but they were furnished with the complete copies of
The inquest was based on the joint affidavit of the arresting the documents only four days later.
officers who claimed to have been present during the rally.
Inquest prosecutor indicted Beltran and filed the information with Petitioners moved for the inhibition of the members of the
the MTC of Quezon. prosecution panel for lack of impartiality and independence.
DOJ denied.
A few days later, he was subjected to a second inquest, this time
for rebellion, based on the letters of CIDG investigators claiming Prosecutors issued a resolution finding probable cause to
that Beltran and one San Juan were allegedly the leaders and charge petitioners and 46 others with rebellion and
promoters of an alleged plot to overthrow the Arroyo corresponding information were filed with the RTC Makati.
government to be carried out jointly with the Community party. Petitioners moved to enjoin the prosecution because of the
He was again indicted and a second information was filed. irregularities in the PI.

Beltran asked the RTC to make a judicial determination of Supreme Court ruled that prosecutors disregarded the process
probable cause but court sustained the finding. for the conduct of PI laid down in Sec 3 a of Rule 112 which
provides that the complaint be accompanied by affidavits of the
SC held that inquest proceedings for rebellion is void. IP are complainant and his witnesses, subscribed and sworn to.
proper only when the accused has been lawfully arrested Prosecutors treated the unsubscribed letters of the officers of
without a warrant. None of the arresting officers saw Beltran the CIDG-PNP as complaint and accepted the affidavits even
commit the crime of rebellion in their presence nor did they have though some were notarized by a notarized by a notary public
personal knowledge of the facts sufficient to form probable without any showing that a prosecutor or qualified government
cause. Beltran was arrested for inciting to sedition and not for official was unavailable.
rebellion and the rule states that the IP should pertain to the
offense for which the arrest was made. Hence, when the second Also, prosecutors peremptorily issued subpoenas to petitioners
inquest was done, the officers overstepped their authority. without first determining whether there are grounds to continue
with the investigation and they distributed copies of the affidavit
of the witness to the members of the media knowing that
WHO CONDUCTS PRELIMINARY INVESTIGATON petitioners have not had the opportunity to examine the charges.

Who may conduct preliminary investigation and determine FILING OF COMPLAINT FOR PRELIMINARY
probable cause? INVESTIGATION
1. Provincial or City Prosecutor and their assistants
2. National and Regional State Prosecutors
3. Other officers as may be authorized by law Where the do you file a complaint for PI?
You file it with the office of the prosecutor through an affidavit of
Take note: Judges of the MTCs were allowed to conduct PIs complaint.
before.

21 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

What should the complaint consist of?


CERTIFICATION OF PRELIMINARY INVESTIGATION
1. The address of the respondent
2. Complaint shall be accompanied by:
a) Affidavit of complainant Should the investigating prosecutor find cause to hold the
b) Affidavit of the complainant’s witnesses accused for trial, he shall prepare both the resolution and
c) Other supporting documents information. The information shall contain a certification.

3. Appropriate number of copies of the above as there are What should the certification contain?
respondents, plus 2 copies for the official file 1. That he is an authorized officer
4. Affidavits shall be subscribed and sworn before any 2. He has personally examined the complainant and his
prosecutor or government official authorized to witnesses
administer oath, or in their absence, a notary public. 3. There is a reasonable ground to believe that a crime
has been committed
4. The accused is probably guilty thereof
DISMISSAL OF COMPLAINT/ISSUANCE OF SUBPOENA 5. The accused was informed of the complaint and
evidence against him
6. The accused was given the opportunity to submit
What are the options of the investigating officer? controverting evidence
From the filing of the complaint, the investigating officer has 10
days within which to decide which of the following options to When should the investigating officer determine whether
take: there is sufficient ground to hold the accused for trial?
Within 10 days from the termination of the investigation.
a) To dismiss the complaint if he finds no ground to
conduct the investigation What is the effect of absence of the required certification?
b) To issue a subpoena to the respondent in case he finds The information is still valid because such is not an essential
the need to continue with the investigation part of the information itself and its absence cannot vitiate it.
What is important is that there was actually an investigation, that
Can the respondent who was issued a subpoena file a the accused was informed thereof and was allowed to present
motion to dismiss? controverting evidence.
NO. He cannot file a motion to dismiss in lieu of a counter-
affidavit. He should submit a counter-affidavit, affidavits of
witnesses and other supporting documents within 10 days from FORWARDING OF THE RECORDS OF THE CASE
receipt of subpoena.

What happens if the accused does not submit is counter- Where should the investigating officer forward the records
affidavit within the 10 day period? of the case?
The investigating officer shall resolve the complaint based on Within 5 days from his resolution, he shall forward the records
the evidence presented by the complainant However, since the of the case to the provincial or city prosecutor or chief state
Rules is liberally construed, the proceedings may be reopened prosecutor or to the Ombudsman or his deputy in cases of
to allow the accused to submit his counter-affidavit upon a offense cognizable by the SB in the exercise of its original
proper motion to be done before the prosecutor has issued a jurisdiction.
resolution.
When shall they act on the resolution?
Can a clarificatory hearing be set? Within 10 days from their receipt thereof.
Yes, whenever there are facts and issues that need to be
clarified. However, the parties do not have the right to examine Is there a need for the prior written authority or approval of
or cross-examine each other or the witnesses. the officers mentioned above?
Yes. No complaint or information may be filed or dismissed
Is the clarificatory hearing indispensable during a PI? without their prior written approval or authority.
No, it is within the discretion of the investigating officer.
Can the resolution of the investigating officer be reversed
Can an accused demand the right to confront and cross- or affirmed??
examine his witnesses during the preliminary Yes, it may be reversed or affirmed by the provincial or city
investigation? prosecutor or chief prosecutor or the Ombudsman in view of the
No. The preliminary investigation is not part of the trial. It is fact that their prior written authority and approval is needed.
summary and inquisitorial in nature, and its function is not to
determine the guilt of the accused but merely to determine the What is the rule when recommendation for dismissal by the
existence of probable cause. investigating prosecutor is disapproved?
The city or provincial prosecutor, chief state prosecutor or the
Ombudsman may:
1. By himself, file the information against the accused, or
2. Direct another assistant prosecutor to do so without
conducting another preliminary investigation

22 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

iv. That the appealed resolution is interlocutory


REMEDIES FOR THE AGGRIVED PARTIES IN P.I. in nature, except when it suspends the proceedings
based on the alleged existence of a prejudicial question;
v. That the offense has already prescribed; and
1. Motion for reconsideration
The aggrieved party may file a motion for reconsideration within vi. That there are other legal and factual
fifteen 15 days from receipt of the assailed resolution. grounds that exist to warrant a dismissal Sec. 12,
Department Circular No. 70).
2. Appeal to the Secretary of Justice/Regional State
Prosecutor 8. The Secretary however, has another option. He may
If the motion is denied, the aggrieved party may appeal within order the reinvestigation of the case. If the Secretary of Justice
fifteen (15) days from the denial of the motion for finds it necessary to investigate the case, the reinvestigation
reconsideration (Sec. 3, 2000 NPS Rule on Appeal, DO J shall be made by the investigating prosecutor, unless for
Department Circular No. 70). compelling reasons, another prosecutor is designated to
conduct the same (Sec. 11, Department Circular No. 70).
Rules on Appeals to the Secretary of Justice; filing a
petition for review. 9. The party aggrieved by the decision of the Secretary
1. The appeal petition must be verified and copies of the of Justice may file a motion for reconsideration within a non-
same must be furnished the adverse party and the Prosecution extendible period of ten (10) days from receipt of the resolution
Office issuing the appealed resolution (Sec. 4, Department on appeal. Copies of such motion and proof of service thereof
Circular No. 70). The petition must contain the matters shall be served upon the adverse party, and the Prosecution
mandated under Sec. 5 of Department Circular No. 70 and Office concerned. No further or second motion for
failure to comply with the same shall constitute sufficient ground reconsideration shall be entertained (Sec. 13, Department
for the dismissal of the petition (Sec. 6, Department Circular No. Circular No. 70).
70).
Note:
2. Within a non-extendible period of fifteen (15) days from (a) The appeal does not hold or prevent the filing of the
receipt of the copy of the petition, the adverse party may file a corresponding information in court based on the finding of
verified comment. The investigating/reviewing/approving probable cause in the appealed resolution, unless the
prosecutor need not submit any comment except when directed Secretary of Justice directs otherwise, but the appellant
by the Secretary of Justice (Sec. 8, Department Circular No. and prosecutor shall see to it that, pending resolution of the
70). appeal, the proceedings in court are held in abeyance
(Sec. 9, Department Circular No. 70).
3. If no comment is filed within the prescribed period, the
appeal shall be resolved on the basis of the petition (Sec. 8, (b) Party filing a petition for review is allowed to file a motion
Department Circular No. 70). for the suspension of the arraignment under Sec. 11 (c) of
Rule 116. Upon motion by the proper party, the arraignment
4. If the Secretary of Justice finds the same to be patently shall be suspended, among others, if a petition for review
without merit or manifestly intended for delay, or when the of the resolution of the prosecutor is pending.
issues raised therein are too unsubstantial to require
consideration, he may dismiss the petition outright (Sec. 7,
Department Circular No. 70). Assailing the resolution of the Secretary of Justice;
Petition for certiorari under Rule 65
5. If pursuant to the appealed resolution, an information The rule is that the DOJ is not a quasi-judicial agency exercising
has already been filed and the accused has already been a quasi-judicial function when it reviews the findings of a public
arraigned prior to the filing of the petition, the petition shall not prosecutor regarding the presence of probable cause and that
be given due course (Sec. 7, Department Circular No. 70). its findings are not reviewable by the Court of Appeals in a
petition for review under Rule 43 of the Rules of Court. The
6. If the accused has been arraigned after the filing of the remedy of the aggrieved party is to file a petition for
petition, any arraignment shall not bar the Secretary of Justice certiorari under Rule 65.
from exercising his power of review (Sec. 7, Department
Circular No. 70). 3. Appeal to the Office of the President

7. The Secretary of Justice may reverse, affirm or modify Appeals from or petition for review of
the appealed resolution. He may also dismiss the petition for "decisions/orders/resolutions of the Secretary of Justice on
review motu proprio or upon motion on any of the following preliminary investigations of criminal cases are entertained by
grounds: the Office of the President" under the following conditions which
i. That the petition for review was filed beyond have to be established as jurisdictional facts:
the period prescribed;
ii. That the prescribed procedure and 1. The offense involved is punishable by reclusion
requirements provided in Department Circular No. 70 perpetua to death;
were not complied with; 2. New and material issues are raised which were not
iii. That there is no showing of any reversible previously presented before the Department of Justice
error or that the accused was already arraigned when the and were not hence, ruled upon;
appeal was taken;

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CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

3. The prescription of the offense is not due to lapse What are the principles governing the finding of probable
within six (6) months from notice of the questioned cause for the issuance of a warrant of arrest?
resolution; and 1. There is a distinction between the objective of
4. The appeal or petition for review is filed within thirty determining probable cause by the prosecutor and by
(30) days from notice. the judge. The prosecutor determines it for the
purpose of filing a complaint or information, while the
If the appeal does not clearly fall within the jurisdiction of the judge determines it for the purpose of issuing a warrant
Office of the President, the appeal shall be dismissed outright. If of arrest – whether there is a necessity of placing him
the lack of jurisdiction is not readily apparent, the under immediate custody in order not to frustrate the
appellant/petitioner shall be ordered to prove the necessary ends of justice.
jurisdictional facts. 2. Since their objectives are different, the judge should
not rely solely on the report of the prosecutor in finding
Assail the resolution of the Office of the President; Petition probable cause to justify the issuance of a warrant of
for review under Rule 43 arrest. The judge must decide independently and must
have supporting evidence other than the prosecutor’s
bare report.
ACTION OF THE JUDGE UPON FILING OF COMPLAINT OR 3. It is not required that the complete or entire records of
INFORMATION the case during the preliminary investigation be
submitted to and examined by the judge. He must
have sufficient supporting documents upon which to
What should the Judge upon filing of the complaint or make his independent judgment.
information?
1. Within ten (10) days from the filing of the complaint or
information, the judge shall personally evaluate the Withdrawal of the information already filed in court.
resolution of the prosecutor. In conducting the evaluation of
the resolution, the judge shall look into its supporting
evidence (Sec. 5, Rule 112, Rules of Court). Crespo v. Mogul
Once a criminal complaint or information is filed in court, any
2. The judge may make some findings after personally disposition of the case or dismissal or acquittal or conviction of
evaluating the resolution of the prosecutor. The judge may the accused rests within the exclusive jurisdiction,
find that the evidence (a) fails to establish probable cause; competence, and discretion of the trial court. Although the
(b) establishes probable cause; or (c) engenders a doubt as fiscal retains the direction and control of the prosecution of
to the existence of probable cause. criminal cases even while the case is already in court, he cannot
impose his opinion on the trial court. The trial court is the best
3. If the evidence on record clearly fails to establish probable and sole judge on what to do with the case before it. The
cause, the judge may immediately dismiss the case. determination of the case is within its exclusive control and
competence. A motion to dismiss the case filed by the public
4. If he finds probable cause, he shall issue a warrant of arrest. prosecutor should be addressed to the court which has the
If a complaint or information was already filed pursuant to a option to grant or deny the same.
lawful warrantless arrest under Sec. 6 of Rule 112, the court
shall issue a commitment order instead of a warrant of The court, in the exercise of its discretion may deny the motion
arrest. The same rule applies if the accused has already and require that the trial on the merits proceed for the proper
been arrested pursuant to a warrant previously issued. determination of the case.

5. In case the judge doubts the existence of probable cause, In resolving a motion to dismiss the case or to withdraw the
the judge may order the prosecution to submit additional information, the trial court should not rely solely on the findings
evidence within five (5) days from notice. The issue must of the public prosecutor or the Secretary of Justice that no crime
be resolved by the court within thirty (30) days from the filing was committed or that the evidence is insufficient to support a
of the complaint or information (Sec. 5, Rule 112, Rules of conviction. The trial court must make an independent
Court as amended by AM. 05-08-26-SC, August 30,2005). evaluation or assessment of the merits of the case and the
evidence on record of the prosecution

If the prosecutor thinks that a prima facie case does not


WARRANT OF ARREST exists, can he refuse to prosecute?
No, he cannot refuse to prosecute. He is obliged by law to
proceed and prosecute the criminal action. He cannot impose
When is a warrant of arrest not necessary? his opinion on the court.
1. When the accused is already under detention
2. When the accused was arrested by virtue of a lawful What is the distinction between the control by the
arrest without warrant. (Sec. 5, Rule 113) prosecution and the control by the court?
a. Arrest In Flagrante Delicto Before a case is filed in court, the prosecution has control over
b. Hot Pursuit the following:
c. Arrest of Escapee
3. When the penalty is a fine only 1. What case to file
2. Whom to prosecute

24 | U N I V E R S I T Y O F S A N C A R L O S
CRIMINAL PROCEDURE l Atty. Eduardo Soleng l TDCI (Revised 2016) JD2 407

3. The manner of prosecution


4. The right to withdraw the case before arraignment even
without notice and hearing.

After a case is filed in court, the court has control over the
following:

1. The suspension of arraignment


2. Reinvestigation
3. Prosecution by the prosecutor
4. Dismissal
5. Downgrading of the offense or dropping of the accused
even before plea

What are the limitations on the control by the Court?

(SINNATRa)

2. Prosecution is entitled to Notice of hearing


3. The Court must Await the result of a petition for review
4. The prosecution’s stand to maintain prosecution
should be Respected by the court
5. The ultimate Test of the court’s independence is where
the prosecutor files a motion to dismiss or withdraw the
information
6. The Court has authority to review the Secretary’s
recommendation and reject if it there is grave abuse of
discretion.
7. To reject or grant a motion to dismiss, the court must
make its own Independent assessment of the
evidence.
8. Judgment is void if there is No independent
assessment and finding of grave abuse of discretion.

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