Prosecution of Offense

Rule 110 sec. 1 5

)ection 1. (nstitution of 'ri inal *ctions

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the co plaint !ith the proper officer for the purpose of con"ucting the re#uisite preli inary in$estigation. (b) For all other offenses, by filing the co plaint or infor ation "irectly !ith the %unicipal &rial 'ourts an" %unicipal 'ircuit &rial 'ourts, or the co plaint !ith the office of the prosecutor. (n %anila an" other chartere" cities, the co plaint shall be file" !ith the office of the prosecutor unless other!ise pro$i"e" in their charters. &he institution of the cri inal action shall interrupt the running perio" of prescription of the offense charge" unless other!ise pro$i"e" in special la!s. (1a)

Section 2. The Complaint or information

&he co plaint or infor ation shall be in !riting, in the na e of the People of the Philippines an" against all persons !ho appear to be responsible for the offense in$ol$e". (2a)

Section 3. Complaint defined. + * co plaint is a sworn written statement charging a person !ith an offense, subscribe" by the offen"e" party, any peace officer, or other public officer charge" !ith the enforce ent of the la! $iolate". (,) Section 4. Information defined. + *n infor ation is an accusation in writing charging a person !ith an offense, subscribe" by the prosecutor an" file" !ith the court. (-a)

Section '. Who must prosecute criminal actions.

All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. (n case of hea$y !or. sche"ule of the public prosecutor or in the e$ent of lac. of public prosecutors, the pri$ate prosecutor ay be authori/e" in !riting by the 'hief of the Prosecution Office or the Regional )tate Prosecutor to prosecute the case sub0ect to the appro$al of the court. Once so authori/e" to prosecute the cri inal action, the pri$ate prosecutor shall continue to prosecute the case up to en" of the trial e$en in the absence of a public prosecutor, unless the authority is re$o.e" or other!ise !ith"ra!n. 1 1 1 A.M. No. 2!2! "!S# $ $ $ $ $ $ April % & 2 2

 &he cri es of a"ultery an" concubinage shall not be prosecute" e1cept upon a co plaint file" by the offen"e" spouse. &he offen"e" party cannot institute cri inal prosecution !ithout inclu"ing the guilty parties, if both ali$e, nor, in any case, if the offen"e" party has consente" to the offense or par"one" the offen"ers. &he offenses of se"uction, ab"uction an" acts of lasci$iousness shall not be prosecute" e1cept upon a co plaint file" by the offen"e" party or her parents, gran"parents or guar"ian, nor, in any case, if the offen"er has been e1pressly par"one" by any of the . (f the offen"e" party "ies or beco es incapacitate" before she can file the co plaint, an" she has no .no!n parents, gran"parents or guar"ian, the )tate shall initiate the cri inal action in her behalf.

 &he offen"e" party, e$en if a inor, has the right to initiate the prosecution of the offenses of se"uction, ab"uction an" acts of lasci$iousness in"epen"ently of her parents, gran"parents, or guar"ian, unless she is inco petent or incapable of "oing so. 2here the offen"e" party, !ho is a inor, fails to file the co plaint, her parents, gran"parents, or guar"ian ay file the sa e. &he right to file the action grante" to parents, gran"parents or guar"ian shall be e1clusi$e of all other persons an" shall be e1ercise" successi$ely in the or"er herein pro$i"e", e1cept as state" in the prece"ing paragraph. 3o cri inal action for "efa ation !hich consists in the i putation of the offenses entione" abo$e shall be brought e1cept at the instance of an" upon co plaint file" by the offen"e" party. (5a) &he prosecution for $iolation of special la!s shall be go$erne" by the pro$isions thereof. (n)

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