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CRIMINAL PROCEDURE NOTES  It may also be filed directly with the Family

By Pauli Roa Court if no preliminary investigation is

required under Section 1 of Rule 112 of the
PART ONE Revised Rules of Criminal Procedure.
PROSECCUTION OF CRIMINAL & CIVIL ASPECTS All criminal actions commenced by complaint or
AND APPLICATION FOR PROVISIONAL REMEDIES information shall be prosecuted under the direction
and control of the public prosecutor assigned to the
I. Actions arising from criminal act Family Court.
a. Dual Nature
i. Criminal ii. Venue and jurisdiction
Secretary of Justice v. Lantion BP 129, sec 20. Jurisdiction in criminal cases. –
Regional Trial Courts shall exercise exclusive original
ii. Civil jurisdiction in all criminal cases not within the
RPC, Art. 100. Civil liability of a person guilty of exclusive jurisdiction of any court, tribunal, or body,
felony. – Every person criminally liable for a felony is  except those now falling under the exclusive
also civilly liable. and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be
b. Essential rights exclusively taken cognizance of by the latter.
i. Presumption of innocence BP 129, sec 32. Jurisdiction of Metropolitan Trial
ii. Procedural due process Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts in criminal cases. – Except in cases falling
II. Institution of actions arising from crime within the exclusive original jurisdiction of Regional
a. Criminal aspect Trial Courts and of the Sandiganbayan, the MeTC, the
i. Generally MuTC, and the MuCiTC shall exercise:
Rule 110, Sec 1. Institution of criminal actions. –  (1) Exclusive original jurisdiction over all
Criminal actions shall be instituted as follows: violations of city or municipal ordinances
 (a) For offenses where a preliminary committed within their respective territorial
investigation is required pursuant to Section 1 jurisdiction, and
of Rule 112, (penalty at least 4y2m1d) by  (2) Exclusive original jurisdiction over all
filing a complaint with the proper officer for offenses punishable with imprisonment not
the purpose of conducting the requisite exceeding six (6) years
preliminary investigation; o irrespective of the amount of fine
 (b) For all other offenses, by filing the o and regardless of other imposable
complaint or information accessory
o directly with the Municipal Trial o or other penalties, including the civil
Courts and Municipal Circuit Trial liability arising from such offenses or
Courts, predicated thereon,
o or the complaint with the office of the  irrespective of kind, nature,
prosecutor. value or amount thereof.
o In Manila and other chartered cities,  Provided, however, that in offenses involving
the complaint shall be filed with the damage to property through criminal
office of the prosecutor unless negligence they shall have exclusive original
otherwise provided in their chapters. jurisdiction thereof.
The institution of the criminal action shall interrupt RJCL, Sec 14. Venue. – Subject to the provision of
the running of the period of prescription of the Section 15, Rule 110 of the Revised Rules of Criminal
offense charged unless otherwise provided in special Procedure, any criminal or civil action involving a
laws. juvenile in conflict with the law shall be instituted and
RJCL, Sec 11. Filing of Criminal Action. – A criminal tried in
action may be instituted against a juvenile in conflict  the Family Court of or nearest the place
with the law by filing a complaint with the prosecutor where the offense was committed or
or the municipal trial court in cases where a  where any of its essential elements occurred.
preliminary investigation is required. People v. Lagon
 In Manila and other chartered cities, if their
charters so provide, the complaint shall be iii. Person prosecuting criminal action;
filed with the Office of the Prosecutor. intervention of offended party
Rule 110, Sec 5. Who must prosecute criminal If the offended party dies or becomes incapacitated
actions. – All criminal actions either commenced by before she can file the complaint, and she has no
complaint or by information shall be prosecuted known parents, grandparents, or guardian,
under the direction and control of a public prosecutor.  the State shall initiate the criminal action in
 In case of heavy work schedule of the public her behalf.
prosecutor, The offended party, even if a minor, has the right to
 or in the event of lack of public prosecutors, initiate the prosecution of the offenses of seduction,
o the private prosecutor may be abduction and acts of lasciviousness, independently of
authorized in writing by the Chief of her parents, grandparents, or guardian, unless she is
the Prosecution Office or the Regional incompetent or incapable of doing so.
State Prosecutor to prosecute the  When the offended party, who is a minor,
case subject to the approval of the fails to file the complaint, her parents,
court. grandparents, or guardian may file the same.
o Once so authorized to prosecute the  The right to file the action granted to parents,
criminal action, the private grandparents, or guardian shall be
prosecutor shall continue to o exclusive of all other persons
prosecute the case up to the end of o and shall be exercised successively in
the trial even in the absence of a the order herein provided, except as
public prosecutor, unless the stated in the preceding paragraph.
authority is revoked or otherwise No criminal action for defamation which consists in
withdrawn. the imputation of any of the offenses mentioned
 However, in MuTC or MuCiTC when the above shall be brought except at the instance of and
prosecutor assigned thereto or to the case is upon complaint filed by the offended party.
not available, The prosecution for violation of special laws shall be
o the offended party, governed by the provision thereof.
o any peace officer, Rule 110, Sec 16. Intervention of the offended party
o or public officer charged with the in criminal action. – Where the civil action for the
enforcement of the law violated recovery of civil liability is instituted in the criminal
may prosecute the case. This authority shall action pursuant to Rule 111, the offended party may
cease intervene by counsel in the prosecution of the offense.
o upon actual intervention of the People v. Beriales
prosecutor Republic v. Sunga
o or upon elevation of the case to the People v. Ocapan
RTC. People v. Ilarde
The crimes of adultery and concubinage shall not be People v. Madali
prosecuted Crespo v. Mogul
 except upon a complaint filed by the offended Roberts v. CA
spouse. People v. Galigao
 The offended party cannot institute criminal
prosecution iv. Provisional remedies
o without including the guilty parties, if Rule 127, Sec 1. Availability of provisional remedies. –
both are alive, The provisional remedies in civil actions, insofar as
o nor, in any case, if the offended party they are applicable, may be availed of in connection
has consented to the offense or with the civil action deemed instituted with the
pardoned the offenders. criminal action.
The offenses of seduction, abduction, and acts of Rule 127, Sec 2. Attachment. – When the civil action
lasciviousness shall not be prosecuted is properly instituted in the criminal action as
 except upon a complaint filed by provided in Rule 111, the offended party ay have the
o the offender party property of the accused attached as security for the
o or her parents, satisfaction of any judgment that may be recovered
o grandparents from the accused in the following cases:
o or guardian  (a) When the accused is about to abscond
 nor, in any case, if the offender has been from the Philippines
expressly pardoned by any of them.  (b) When the criminal action is based on a
claim for money or property embezzled or
fraudulently misapplied or converted to the  (b) the resolution of such issue determines
use of the accused who is whether or not the criminal action may
o a public officer, proceed.
o officer of a corporation, DOJ—NPS Manual, Part III, Sec 23. Concept of a
o attorney, prejudicial question. – A prejudicial question is one
o factor,  the resolution of which is a logical antecedent
o broker, of the issue involved in a case
o agent  and the cognizance of which pertains to
o or clerk, another tribunal.
 in the course of his  It is based on a fact distinct and separate
employment as such, from the crime charged but so intimately
o or by any other person in a fiduciary connected with it that it determines the guilt
capacity, or innocence of the accused.
 or for a wilful violation of To suspend the criminal action, it must not only
duty; appear that said cased involves facts intimately
 (c) When the accused has concealed, related to those upon which the criminal prosecution
removed, or disposed of his property, or is would be based
about to do so; and  but also that in the resolution of the issue or
 (d) When the accused resides outside the issues raised in the civil case, the guilt or
Philippines. innocence of the accused would necessarily
1997 RCivPro, Rule 57, Sec 1. Grounds upon which be determined.
attachment may issue. – At the commencement of DOJ-NPS Manual, Part III, Sec 24. Elements of a
the action or at any time before entry of judgment, a prejudicial question. – The essential elements of a
plaintiff or any proper party may have the property of prejudicial question are:
the adverse party attached as security for the  (a) the civil action involves an issue similar or
satisfaction of any judgment that may be recovered intimately related to the issue raised in the
(………..) criminal action;
1997 RCivPro, Rule 58, Sec 1. Preliminary injunction,  (b) the resolution of such issue determines
defined; classes. – A preliminary injunction is an order whether or not the criminal action may
granted at any stage of an action or proceeding prior proceed, and
to the judgment or final order, requiring a party or a  (c) the cognizance of the said issue pertains to
court, agency or a person to refrain from a particular another tribunal.
act or acts. It may also require the performance of a Marella-Bobis v. Bobis
particular act or acts, in which case it shall be known Ark Travel v. Abrogar
as a preliminary mandatory injunction. People v. Consing, Jr.

v. Suspension of criminal action by reason b. Civil Aspect

of prejudicial question i. Generally
Rule 111, Sec 6. Suspension by reason of prejudicial RPC, Art. 100. (supra)
question. – A petition for suspension of the criminal RPC, Art. 101. Rules regarding civil liability in certain
action based upon the pendency of a prejudicial cases. – The exemption from criminal liability
question in a civil action may be filed established in subdivisions 1, 2, 3, 5, and 6 of Article
 in the office of the prosecutor 12 and in subdivision 4 of Article 11 of this Code does
 or the court conducting the preliminary not include exemption from civil liability, which shall
investigation. be enforced subject to the following rules:
When the criminal action has been filed in court for RPC, Art. 102. Subsidiary civil liability of innkeepers,
trial, the petition to suspend shall be filed in the same tavernkeepers and proprietors of establishments. —
criminal action at any time before the prosecution In default of the persons criminally liable, innkeepers,
rests. tavernkeepers, and any other persons or corporations
Rule 111, Sec 7. Elements of a prejudicial question. – shall be civilly liable for crimes committed in their
The elements of a prejudicial question are establishments, in all cases where a violation of
 (a) the previously instituted civil action municipal ordinances or some general or special
involves an issue similar or intimately related police regulation shall have been committed by them
to the issue raised in the subsequent criminal or their employees.
action, and
Innkeepers are also subsidiarily liable for the The action to demand restoration, reparation, and
restitution of goods taken by robbery or theft within indemnification likewise descends to the heirs of the
their houses from guests lodging therein, or for the person injured.
payment of the value thereof, provided that such RPC, Art. 109. Share of each person civilly liable. — If
guests shall have notified in advance the innkeeper there are two or more persons civilly liable for a
himself, or the person representing him, of the deposit felony, the courts shall determine the amount for
of such goods within the inn; and shall furthermore which each must respond.
have followed the directions which such innkeeper or RPC, Art. 110. Several and subsidiary liability of
his representative may have given them with respect principals, accomplices and accessories of a felony;
to the care and vigilance over such goods. No liability Preference in payment. — Notwithstanding the
shall attach in case of robbery with violence against or provisions of the next preceding article, the principals,
intimidation of persons unless committed by the accomplices, and accessories, each within their
innkeeper's employees. respective class, shall be liable severally (in solidum)
RPC, Art. 103. Subsidiary civil liability of other among themselves for their quotas, and subsidiaries
persons. - The subsidiary liability established in the for those of the other persons liable.
next preceding article shall also apply to employers, The subsidiary liability shall be enforced, first against
teachers, persons, and corporations engaged in any the property of the principals; next, against that of
kind of industry for felonies committed by their the accomplices, and, lastly, against that of the
servants, pupils, workmen, apprentices, or employees accessories.
in the discharge of their duties. Whenever the liability in solidum or the subsidiary
RPC, Art. 104. What is included in civil liability. — The liability has been enforced, the person by whom
civil liability established in Articles 100, 101, 102, and payment has been made shall have a right of action
103 of this Code includes: against the others for the amount of their respective
 1. Restitution; shares.
 2. Reparation of the damage caused; RPC, Art. 111. Obligation to make restitution in
 3. Indemnification for consequential damages. certain cases. — Any person who has participated
RPC, Art. 105. Restitution; How made. — The gratuitously in the proceeds of a felony shall be bound
restitution of the thing itself must be made whenever to make restitution in an amount equivalent to the
possible, with allowance for any deterioration, or extent of such participation.
diminution of value as determined by the court. RPC, Art. 112. Extinction of civil liability. — Civil
The thing itself shall be restored, even though it be liability established in Articles 100, 101, 102, and 103
found in the possession of a third person who has of this Code shall be extinguished in the same manner
acquired it by lawful means, saving to the latter his as obligations, in accordance with the provisions of
action against the proper person, who may be liable to the Civil Law.
him. RPC, Art. 113. Obligation to satisfy civil liability. —
RPC, Art. 106. Reparation; How made. — The court Except in case of extinction of his civil liability as
shall determine the amount of damage, taking into provided in the next preceding article the offender
consideration the price of the thing, whenever shall continue to be obliged to satisfy the civil liability
possible, and its special sentimental value to the resulting from the crime committed by him,
injured party, and reparation shall be made notwithstanding the fact that he has served his
accordingly. sentence consisting of deprivation of liberty or other
RPC, Art. 107. Indemnification; What is included. — rights, or has not been required to serve the same by
Indemnification for consequential damages shall reason of amnesty, pardon, commutation of sentence
include not only those caused the injured party, but or any other reason.
also those suffered by his family or by a third person Rule 111, Sec 1. Institution of criminal and civil
by reason of the crime. actions. – (a) When a criminal action is instituted, the
RPC, Art. 108. Obligation to make restoration, civil action for the recovery of civil liability arising
reparation for damages, or indemnification for from the offense charged shall be deemed instituted
consequential damages and actions to demand the with the criminal action, unless:
same; Upon whom it devolves. — The obligation to  the offended party waives the civil action
make restoration or reparation for damages and  reserves the right to institute it separately
indemnification for consequential damages devolves  or institutes the civil action prior to the
upon the heirs of the person liable. criminal action.
The reservation of the right to institute separately the
civil action shall be made:
 before the prosecution starts presenting its criminal and civil actions shall be tried and decided
evidence jointly.
 and under circumstances affording the During the pendency of the criminal action, the
offended party a reasonable opportunity to running of the period of prescription of the civil action
make such reservation. which cannot be instituted separately or whose
(........) proceeding has been suspended shall be tolled.
No counterclaim, cross claim or third-party complaint The extinction of the penal action does not carry with
may be filed by the accused in the criminal case, it extinction of the civil action. However, the civil
 but any cause of action which could have action based on delict shall be deemed extinguished if
been the subject thereof may be litigated in a there is a finding in a final judgment in the criminal
separate civil action. action that the act or omission from which the civil
(b) The criminal action for violation of Batas liability may arise did not exist.
Pambansa Blg. 22 shall be deemed to include the Rule 111, Sec 6. (supra)
corresponding civil action. Rule 111, Sec 7. (supra)
 No reservation to file such civil action
separately shall be allowed. iii. Independent Civil actions
(……..) CC, Art. 29. When the accused in a criminal
Where the civil action has been filed separately and prosecution is acquitted on the ground that his guilt
trial thereof has not yet commenced, it may be has not been proved beyond reasonable doubt, a civil
consolidated with the criminal action upon action for damages for the same act or omission may
application with the court trying the latter case. be instituted. Such action requires only a
 If the application is granted, the trial of both preponderance of evidence. Upon motion of the
actions shall proceed in accordance with defendant, the court may require the plaintiff to file a
section 2 of this Rule governing consolidation bond to answer for damages in case the complaint
of the civil and criminal actions. should be found to be malicious.
RJCL, Sec 12.Prosecution of Civil Action. – When a If in a criminal case the judgment of acquittal is based
criminal action is instituted against a juvenile in upon reasonable doubt, the court shall so declare. In
conflict with the law, the action for recover of civil the absence of any declaration to that effect, it may
liability arising from the offense charged shall be be inferred from the text of the decision whether or
governed by Rule 111 of the Revised Rules of Criminal not the acquittal is due to that ground.
Procedure. CC, Art 32. Any public officer or employee, or any
private individual, who directly or indirectly obstructs,
ii. Suspension of separate civil action defeats, violates or in any manner impedes or impairs
Rule 111, Sec 2. When separate civil action is any of the following rights and liberties of another
suspended. – After the criminal action has been person shall be liable to the latter for damages:
commenced, the separate civil action arising  Freedom of religion;
therefrom cannot be instituted until final judgment  Freedom of speech;
has been entered in the criminal action.  Freedom to write for the press or to maintain
If the criminal action is filed after the said civil action a periodical publication;
has already been instituted, the latter shall be  Freedom from arbitrary or illegal detention;
suspended in whatever stage it may be found before  Freedom of suffrage;
judgment on the merits. The suspension shall last  The right against deprivation of property
until final judgment is rendered in the criminal action. without due process of law;
Nevertheless, before judgment on the merits is  The right to a just compensation when private
rendered in the civil action, the same may, upon property is taken for public use;
motion of the offended party, be consolidated with  The right to the equal protection of the laws;
the criminal action in the court trying the criminal  The right to be secure in one's person, house,
action. In case of consolidation, the evidence already papers, and effects against unreasonable
adduced in the civil action shall be deemed searches and seizures;
automatically reproduced in the criminal action  The liberty of abode and of changing the
without prejudice to the right of the prosecution to same;
cross-examine the witnesses presented by the  The privacy of communication and
offended party in the criminal case and of the parties correspondence;
to present additional evidence. The consolidated
 The right to become a member of criminal proceedings, and a preponderance of
associations or societies for purposes not evidence shall suffice to support such action.
contrary to law; CC, Art 2176. Whoever by act or omission causes
 The right to take part in a peaceable damage to another, there being fault or negligence, is
assembly to petition the government for obliged to pay for the damage done. Such fault or
redress of grievances; negligence, if there is no pre-existing contractual
 The right to be free from involuntary relation between the parties, is called a quasi-delict
servitude in any form; and is governed by the provisions of this Chapter.
 The right of the accused against excessive Rule 111, Sec 3. When action may proceed
bail; independently. – In the cases provided in Articles 32,
 The right of the accused to be heard by 33, 34, and 2176 of the Civil Code of the Philippines,
himself and counsel, to be informed of the the independent civil action may be brought by the
nature and cause of the accusation against offended party. It shall proceed independently of the
him, to have a speedy and public trial, to criminal action and shall require only a
meet the witnesses face to face, and to have preponderance of evidence. In no case, however, may
compulsory process to secure the attendance the offended party recover damages twice for the
of witness in his behalf; same act or omission charged in the criminal action.
 Freedom from being compelled to be a
witness against one's self, or from being iv. Effect of death on civil actions
forced to confess guilt, or from being induced Rule 111, Sec 4. Effect of death on civil actions. – The
by a promise of immunity or reward to make death of the accused after arraignment and during
such confession, except when the person the pendency of the criminal action shall extinguish
confessing becomes a State witness; the civil liability arising from the delict. However, the
 Freedom from excessive fines, or cruel and independent civil action instituted under Section 3 of
unusual punishment, unless the same is this Rule or which thereafter is instituted to enforce
imposed or inflicted in accordance with a liability arising from other sources of obligation may
statute which has not been judicially declared be continued against the estate or legal
unconstitutional; and representative of the accused after proper
 Freedom of access to the courts. substitution or against said estate, as the case may
In any of the cases referred to in this article, whether be. The heirs of the accused may be substituted for
or not the defendant's act or omission constitutes a the deceased without requiring the appointment of
criminal offense, the aggrieved party has a right to an executor or administrator and the court may
commence an entirely separate and distinct civil appoint a guardian ad litem for the minor heirs.
action for damages, and for other relief. Such civil The court shall forthwith order said legal
action shall proceed independently of any criminal representative or representatives to appear and be
prosecution (if the latter be instituted), and mat be substituted within a period of thirty (30) days from
proved by a preponderance of evidence. notice.
The indemnity shall include moral damages. A final judgment entered in favour of the offended
Exemplary damages may also be adjudicated. party shall be enforced in the manner especially
The responsibility herein set forth is not demandable provided in these rules for prosecuting claims against
from a judge unless his act or omission constitutes a the estate of the deceased.
violation of the Penal Code or other penal statute. If the accused dies before arraignment, the case shall
CC, Art 33. In cases of defamation, fraud, and physical be dismissed without prejudice to any civil action the
injuries a civil action for damages, entirely separate offended party may file against the estate of the
and distinct from the criminal action, may be brought deceased.
by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall v. Effect of judgment in civil action on
require only a preponderance of evidence. criminal action
CC, Art 34. When a member of a city or municipal Rule 111, Sec 5. Judgment in civil action not a bar. – A
police force refuses or fails to render aid or protection final judgment rendered in a civil action absolving the
to any person in case of danger to life or property, defendant from civil liability is not a bar to a criminal
such peace officer shall be primarily liable for action against the defendant for the same act or
damages, and the city or municipality shall be omission subject of the civil action.
subsidiarily responsible therefor. The civil action
herein recognized shall be independent of any