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Objections: on jurisdiction
Limitations on objections:
Note: Information
How Criminal actions are instituted - shall start from the commission of the offense
- or from discovery thereof
1. IF preliminary investigation is required
- By filing the complaint with the proper officer
- To conduct requisite preliminary investigation PROSECUTION OF CRIMINAL ACTION
2. If not
- Direct filing of Complaint or Information to MTC General rule: commenced by complaint or information
or MCTC
- By filing the complaint with office of prosecutor 1. prosecuted under direction and control of public
prosecutor
No direct filing in RTC - even if there is a private prosecutor
- Because all offenses requires preliminary Rationale: outrage against the state, it follows that
investigation representative of state shall direct and control the
prosecution
Note:
Consequences of the rule
- direct filing occurs when preliminary
investigation is not needed 1. Public prosecutor functions:
- offenses which penalty prescribed is less than 4 a.determine whether prima facie case exists
years 2 months 1 day b.decide which of the conflicting testimonies
should be believed free from the interference
No direct filing in MTC of Manila and Chartered Cities or control of the offended party
- general rule provides that complaints must be c. determine which witnesses to present in
filed in the office of the prosecutor court
- unless otherwise provided in their charters (subject to right against self-incrimination)
2. public prosecutor may turn over prosecution of
Prescriptive period criminal case to private prosecutor but may take
over any time.
General rule: institution of criminal action shall interrupt
prescriptive period Absence of prosecutor on MTC or MCTC
1. OSG may bring an appeal on the criminal aspect Note: right of the private prosecutor is for the sole
representing the people purpose of enforcing the civil liability
- If there is a dismissal
- If there is an acquittal - Intervention is subject to direction and control of
2. OSG on criminal case is the Appellate counsel of the public prosecutor
the People of Philippines Effect of the filing of an independent civil action
Note: only the solicitor general is vested with the authority 1. Does not deprive the offended party of the right
to represent the people in CA or SC to intervene in the civil action through private
- No other prosecutor
2. Civil liability arising from the offense charged
Rationale:
Civil liability arising from quasi delict
- people of the Philippines, real party in interest,
necessary follows that only OSG can represent - Entirely separate and distinct from civil liability
the people of the Philippines arising from negligence under the penal code
- Those arising from independent civil actions and
Exception: quasi-delict do not arise from the felony or crime
- Those under articles 32, 33, 34 and 2176 of civil
- in cases elevated to Sandiganbayan and from code
Sandganbayan to SC, it is the office of the
Ombudsman that will represent the People of Prosecution of PRIVATE CRIMES
the Philippines
Adultery and concubinage
Securities and Exchange Commission
- Only upon complaint by offended spouse
- offense is a violation of special law - Must be instituted against BOTH guilty parties
- violation of Securities Regulation Code - No institution of case if offended spouse has:
a. Consented
Prosecution of Special laws b. Pardoned
- sometimes require designation of special Seduction, Abduction, Acts of Lasciviousness
prosecutors from different government agencies
to assist the public prosecutor - Only upon complaint filed by
a. Offended party
private prosecutor on criminal cases b. Parents
1. if authorized to do so in writing, authorization c. Grandparents
shall be given by: d. Guardian
a. Chief of the Prosecution Office Exception: if offended party dies or becomes incapacitated
b. Regional State Prosecutor before she can file a complaint, and has no parents,
2. Written authorization must be approved by guardian, grandparents, STATE shall initiate the action
court
Note: even minor can initiate the prosecution,
Extent: independently of her parents, grandparents or guardian
- Until end of trial - Except if she is incompetent or incapable
- Unless authority is revoked or withdrawn
Defamation
Intervention of offended party
- ONLY in the imputation of the offenses of
- Only in Civil liability adultery, concubinage, seduction, abduction and
Private prosecutor may not intervene if acts of lasciviousness
- ONLY the offended party
a. Waives the civil action
b. Reserves the right to institute it separately
PROSECUTION OF RAPE Infirmity of signature in the information
R.A. 8353, reclassifies rape as crimes against person - signed by person without authority
- dismissal is not a bar to subsequent prosecution
- may be commenced by filing of information by the public - jeopardy does not attach when accused pleads
prosecutor to a defective indictment
Information
- No need to be sworn
- In writing
- Prosecutor is acting under oath
- Subscribed by prosecutor