Rule 110 of Rules of Court

Section 4. Information defined. —

Article 1: Institution of criminal An information is an accusation in
actions. — Criminal actions shall be writing charging a person with an
offense, subscribed by the
instituted as follows: prosecutor and filed with the court.
(a) For offenses where a preliminary investigation is (4a)
required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the Section 5. Who must prosecute criminal actions.
All criminal actions commenced by a complaint or
purpose of conducting the requisite preliminary information shall be prosecuted under the
investigation. direction and control of the prosecutor. However,
in Municipal Trial Courts or Municipal Circuit
(b) For all other offenses, by filing the complaint or Trial Courts when the prosecutor assigned thereto
information directly with the Municipal Trial Courts or to the case is not available, the offended party,
any peace officer, or public officer charged with
and Municipal Circuit Trial Courts, or the complaint the enforcement of the law violated may prosecute
with the office of the prosecutor. In Manila and the case. This authority ceases upon actual
other chartered cities, the complaint shall be filed intervention of the prosecutor or upon elevation of
with the office of the prosecutor unless otherwise the case to the Regional Trial Court. (This Section
provided in their charters. was repealed by A.M. No. 02-2-07-SC effective May 1,
2002)

 If the prescribed penalty for such crime is at least  This states that Public Prosecutor are the ones
4 years, 2months, and 1 day w/o fine, or does not that can prosecute criminal actions
exceed 6yrs and 1 day However, in the absence or for reasons
 all offenses committed within the territory of of busy, the Private Prosecutor is
MCTCs & MTCs (punishment should not exceed authorized to prosecute criminal actions
6yrs and 1 day) up to its end procedure by the Chief of
 Filing a complaint before the prosecutor’s office if Prosecutor’s Office or Regional State
those offenses that requires preliminary Prosecutor
investigation
 There shall be an affidavit which contains sworn The crimes of adultery and concubinage shall not be
statement of the complainant and shall be executed prosecuted except upon a complaint filed by the offended
by the lawyer (included in it is the witness and spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both
testimony) (Judicial Affidavit Rule) alive, nor, in any case, if the offended party has consented
to the offense or pardoned the offenders.
 A Gender Imbalance issue
Article 2: The Complaint or  Adultery can be filed numerously. (e.g.,
information. — The complaint or sex happened 3 times and was caught 3
information shall be in writing, in the times, Adultery can be filed 3 times)
name of the People of the Philippines The offenses of seduction, abduction and acts of
and against all persons who appear lasciviousness shall not be prosecuted except upon a
to be responsible for the offense complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender
involved. (2a) has been expressly pardoned by any of them. If the
offended party dies or becomes incapacitated before she
can file the complaint, and she has no known parents,
 Information is subscribed by the prosecutor and grandparents or guardian, the State shall initiate the
filed with the court criminal action in her behalf.
 Accusation in writing charging a person with an The offended party, even if a minor, has the right to initiate
offense the prosecution of the offenses of seduction, abduction and
acts of lasciviousness independently of her parents,
grandparents, or guardian, unless she is
Section 3. Complaint defined. — A incompetent or incapable of doing so. Where the
complaint is a sworn written offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or
statement charging a person with an guardian may file the same. The right to file the
offense, subscribed by the offended action granted to parents, grandparents or
party, any peace officer, or other guardian shall be exclusive of all other persons
and shall be exercised successively in the order
public officer charged with the herein provided, except as stated in the
enforcement of the law violated. preceding paragraph. No criminal action for
defamation which consists in the imputation of
the offenses mentioned above shall be brought
 Subscribed only by a private party that is either except at the instance of and upon complaint
the offended party or other persons filed by the offended party. (5a)
made under oath The prosecution for violation of special laws shall
be governed by the provisions thereof.
 a sworn statement with witness and testimony
 subscribed by the public officer  Adult or Minor still covered in the RA 7610
 If the offended party is not capable to
file for complaint for reasons that she is
under 18, mentally challenged, physically
 Section 9. Cause of the accusation.
challenged, or other, it is her parents,
guardians, or the State that can file— The acts or omissions complained of
complaint on behalf of her
as constituting the offense and the
 State = Guardian
qualifying and aggravating circumstances
Section 6. Sufficiency of complaint must be stated in ordinary and concise
or information. language and not necessarily in the
— A complaint or information is sufficient language used in the statute but in terms
if it states the name of the accused; the sufficient to enable a person of common
designation of the offense given by the understanding to know what offense is
statute; the acts or omissions complained being charged as well as its qualifying and
of as constituting the offense; the name of aggravating circumstances and for the
the offended party; the approximate date court to pronounce judgment
of the commission of the offense; and the
 Pursuant to the accused right to be informed of
place where the offense was committed.
the nature of its offense, the complaint must be
When an offense is committed by more stated in an ordinary language where the accused
than one person, all of them shall be can understand it easily or comprehend it easily
included in the complaint or information.
Section 10. Place of
 Even if the name of the accused is his commission of the offense.
Nickname or Alias, still it is sufficient — The complaint or information is
sufficient if it can be understood from its
Section 7. Name of the accused. — allegations that the offense was committed
The complaint or information must state or some of the essential ingredients
the name and surname of the accused or occurred at some place within the
any appellation or nickname by which he jurisdiction of the court, unless the
has been or is known. If his name cannot particular place where it was committed
be ascertained, he must be described constitutes an essential element of the
under a fictitious name with a statement offense or is necessary for its identification
that his true name is unknown. If the true
name of the accused is thereafter  As long as the commission or the act committed
disclosed by him or appears in some other was under the territory of such court, then the
manner to the court, such true name shall court has jurisdiction over that matter.
be inserted in the complaint or  Circumstances that particular place is essential
information for a case:
and record. 1.) Violation of Domicile
2.) Penalty on the keeper, watchman
 Fictitious name can be Juan dela Cruz, or any 3.) Trespass to dwelling
fictitious name used by the courts 4.) Violation of Election Law

Section 8. Designation of the Section 11. Date of commission of

offense. the offense. — It is not necessary to
— The complaint or information shall state in the complaint or information the
state the designation of the offense given precise date the offense was committed
by the statute, aver the acts or omissions except when it is a material ingredient of
constituting the offense, and specify its the offense. The offense may be alleged
qualifying and aggravating circumstances. to have been committed on a date as
If there is no designation of the offense, near as possible to the actual date of its
reference shall be made to the section or commission
subsection of the
statute punishing it.  In general, the date of commission is not that
necessary unless for cases when particular date
 It shall contain the designation of the offense
is an important element/ material ingredient
given by the statute, act and omissions
Cases that precise date is an element:
constituting the offense, qualifying and
aggravating circumstances 1. Infanticide
2. Abortion
NOTE: Recital of facts is supreme over the 3. Violation of Sunday
designation of the offense Statutes/Election Law
4. Bigamy
 NOTE: Adultery can be charged as many as the
Section 12. Name of the offended offended party may want
party. — The complaint or information WHAT IS THE EFFECT OF THE
must state the name and surname of the
FAILURE OF THE ACCUSED TO
person against whom or against whose
property the offense was committed, or OBJECT TO A DUPLICITOUS
any appellation or nickname by which INFORMATION?
such person has been or is known. If there
>If  the  accused  fails  to  object  before 
is no better way of identifying him, he
must be described under a fictitious name arraigment, he  right  is deemed waived, and he
may be convicted of as many offenses as there
 The complainant must state its full name or if
are charged
not possible its Nickname/Alias, and if any
circumstances it hasn’t revealed its name, then a WHAT IS  THE REMEDY OF
Fictitious name will be labeled such as
Juan/Juana AN ACCUSED IN CASE OF
DUPLICITOUS OFFENSES
(a) In offenses against property, if the CHARGED AGAINST HIM?
name of the offended party is unknown,
the property must be described with such > The accused may file a motion to quash
particularity as to properly identify the on void complaint
offense charged

 If the name of the offended party is not Section 14. Amendment or

disclosed, then the property destroyed or substitution. — A complaint or
described in the complaint must be labeled information may be
properly to be identified properly in the case
amended, in form or in substance,
NOTE: In cases involving defamation, without leave of court, at any time before
slander and robbery with violence or the accused enters his plea. After the plea
intimidation the name of the offended party and during the trial, a formal amendment
should be indispensable/disclosed may only be made with leave of court and
when it can be done without causing
(b) If the true name of the person against prejudice to the rights of the accused
whom or against whose properly the
offense was committed is thereafter > Before plea, it can be amended even w/o leave
disclosed or ascertained, the court must of court/consent from court
cause the true name to be inserted in the > After a plea or if the amendment will
complaint or information and the record downgrade the offense or drop an accused from
the complaint it shall follow the requisites:
(c) If the offended party is a juridical 1. amendment must be made upon
person, it is sufficient to state its name, or motion of the prosecutor
any name or designation by which it is 2. With notice to the offended party
known or by which it may be identified, 3. With leave of court
without need of averring that it is a 4.  The court must state its reason in
resolving the motion  
juridical person or that it is organized in 5. Copies  of  the  resolution  should  be 
accordance with law furnished  all  parties, especially the
offended party
 Juridical person is described as entity or group
that has legal recognition of the law or state e.g.,
GSIS, PAG IBIG, Others. WHEN ARE THE RIGHTS OF THE
ACCUSED MAY BE PREJUDICED
Section 13. Duplicity of the offense. BY AN AMENDMENT?
— A complaint or information must
1.    When  the  defense  which  he  had  under 
charge but one offense, except when the
law prescribes a single punishment for the  original  information would no longer be
various offenses available
2.    When  any  evidence  which  he  had  under 
 General rule : An offense must be filed or the  original  information would no longer be
charged once only unless prescribed by law.
available
3.    When  any  evidence  which  he  had  under 
 the  original  information would no longer be
applicable to the amended information
NOTE: Amendment can only be made if it does not CAN THE OFFENDED PARTY
cause prejudice to the accused INTERVENE IN THE
PROSECUTION OF THE CRIMINAL
If it appears at any time before judgment ACTION?
that a mistake has been made in charging > General rule: YES
the proper offense, the court shall dismiss
> Exception to the rule: when he has waived his
the original complaint or information upon
the filing of a new one charging the proper right, has reserved it, or has already instituted
offense in accordance with section 19, Rule the criminal action
119, provided the accused shall not be placed >  Basis  is  Article  100:  every  person 
in double jeopardy. The court may require
criminally  liable  shall  also  be civilly liable
the witnesses to give bail for their
appearance at the trial

Section 15. Place where action is to be

instituted. —
(a) Subject to existing laws, the criminal
action shall be instituted and tried in the
court of the municipality or territory where
the offense was committed or where any of
its essential ingredients occurred.

(b) Where an offense is committed in a

train, aircraft, or other public or private
vehicle while in the course of its trip, the
criminal action shall be instituted and tried
in the court of any municipality or territory
where such train, aircraft or other vehicle
passed during such its trip, including the
place of its departure and arrival.

(c) Where an offense is committed on board

a vessel in the course of its voyage, the
criminal action shall be instituted and tried
in the court of the first port of entry or of
any municipality or territory where the
vessel passed during such voyage, subject to
the generally accepted principles of
international law

(d) Crimes committed outside the

Philippines but punishable under Article 2
of the Revised Penal Code shall be
cognizable by the court where the criminal
action is first filed.

 Territorial Jurisdiction of Municipal Courts

Section 16. Intervention of the

offended party in criminal action. —
Where the civil action for recovery of civil
liability is instituted in the criminal action
pursuant to Rule 111, the offended party may
intervene by counsel in the prosecution of
the offense.