Chapter II - GENERAL CONCEPTS

DEFINITION OF CRIMINAL PROCEDURE.

Substantive law: Substantive law is that which declares what acts are crimes and prescribes the punishment for
committing them.1

Example: The Revised Penal Code, Labor Code, Civil Law, Taxation Law

Procedural law: Procedural laws, by definition, prescribe rules and forms of procedure of enforcing rights or
obtaining redress. They include rules of pleadings, practice and evidence. As applied to criminal law, procedural law
as distinguished from substantive law is that which provides or regulates the steps by which one who commits a
crime is to be punished.2

Example: the Rules of Court which embodied the Civil Procedure, Criminal Procedure, and Special Proceedings.

Criminal procedure: The rules governing the mechanisms under which crimes are investigated, prosecuted,
adjudicated, and punished.3

Criminal procedure is generally governed by the Revised Rules of Court of the Philippines, particularly, Revised Rules
of Criminal Procedure, Rule 110 to Rule 127.

SYSTEM OF PROCEDURE

1. Accusatorial or adversarial system

2. Inquisitorial system

Accusatorial or Adversarial System

It contemplates two contending parties before the court, which hears them impartially and renders judgment only
after trial.4

A system of criminal justice in which conclusions as to liability are reached by the process of prosecution and
defense. It is the primary duty of the prosecutor and defense to press their respective viewpoints within the
constraints of the rules of evidence while the judge acts as an impartial umpire, who allows the facts to emerge from
this procedure.5

Inquisitorial System

In the inquisitorial system, the presiding judge is not a passive recipient of information. Rather, the presiding judge is
primarily responsible for supervising the gathering of the evidence necessary to resolve the case. He or she actively
steers the search for evidence and questions the witnesses, including the respondent or defendant.6

Philippines' System of Procedure: As a general rule, a court proceeding in our judicial set-up is accusatorial or
adversary and not inquisitorial in nature. 7

CRIMINAL JURISDICTION OF COURTS

Jurisdiction: Jurisdiction is derived from the Latin words "juris" and "dico" which means "I speak by the law."8

The power of a court to hear and decide a controversy is called its jurisdiction, which includes the power to
determine whether or not it has the authority to hear and determine the controversy presented, and the right to
decide whether or not the statement of facts that confer jurisdiction exists, as well as all other matters that arise in
the case legitimately before the court.9
Criminal jurisdiction: Criminal Jurisdiction is necessarily the authority to hear and try a particular offense and impose
the punishment for it. 10

Requisites for the valid exercise of criminal jurisdiction:

1. Jurisdiction over the subject matter

2. Jurisdiction over the territory where the offense was committed

3. Jurisdiction over the person of the accused. 11

Jurisdiction over the subject matter

Jurisdiction over the subject-matter is the power to hear and determine cases of the general class to which the
proceedings in question belong. 12

How jurisdiction over the subject matter is conferred: Jurisdiction over a subject matter is conferred by the
Constitution or the law, and rules of procedure yield to substantive law. Otherwise stated, jurisdiction must exist as a
matter of law. Only a statute can confer jurisdiction on courts and administrative agencies. 13

How jurisdiction over the subject matter is determined: It is determined by the allegations in the complaint which
comprise a concise statement of the ultimate facts constituting the plaintiff's cause of action.

What law determines the jurisdiction of the court: Jurisdiction over the subject matter is determined by the statute
in force at the time of the commencement of the action. 14

Principle of adherence to jurisdiction or continuing jurisdiction: It is a principle that states that: "Jurisdiction once
acquired is never lost, it continues until the case is terminated."15

Jurisdiction over the territory where the offense was committed or Venue or Territorial Jurisdiction:

Territorial jurisdiction in criminal cases is the territory where the court has jurisdiction to take cognizance of or to try
the offense allegedly committed therein by the accused. 16

Where to file criminal cases:

General Rule: In all criminal prosecutions, the action shall be instituted and tried in:

1. The court of the municipality or territory wherein the offense was committed or

2. Where any one of the essential ingredients took place. 17

Otherwise stated, the place where the crime was committed determines not only the venue of the action but is an
essential element of jurisdiction. 18

Exceptions: Instances where you can file the criminal action other than the place where the crime was committed:

a) Crimes committed outside the Philippines but punishable under Article 2y of the Revised Penal pude shall be
cognizable by the court where the criminal action is first filed. 19

b) Where the Supreme Court, pursuant to its constitutional powers orders a change of venue or place of trial to
avoid a miscarriage of justice.20

c) When an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip.

It may be instituted and tried in the court of any municipality or territory where said train, aircraft, or vehicle passed
during its trip. 21
d) Where an offense is committed on board a vessel in the course of its voyage. The case can be instituted and tried
in:

 The court of first port of entry or

 The municipality or territory where the vessel passed during its voyage. 22

e) Where the case is cognizable by the Sandiganbayan, the case can be instituted and tried in:

Where the court actually sits. The Sandiganbayan is located in Quezon City

f) In case of written defamation, the case can be instituted and tried:

 Where the alleged libelous article was printed and first published, or

 Where the offended party held office, in case of public officer, or

 Place of residence of the offended party. 23

g) Piracy.

The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is against all, so may it be punished by
all. 24

Jurisdiction over the person of the accused

Jurisdiction over the person of an accused is acquired either by:

1. His apprehension, with or without warrant, or

2. Voluntary appearance or his submission to the jurisdiction of the court. 25

Waiver of jurisdiction:

1. Jurisdiction over the subject matter It cannot be waived by the parties. 26

2. Jurisdiction over the territory where the offense Venue in criminal cases is an essential element of
was committed jurisdiction.27 Hence, it cannot be waived by the parties

3. Jurisdiction over the person of the accused May be waived by silence or inaction before the entering
of a plea during arraignment.

It can also be waived by the accused when he or she files

any pleading seeking an affirmative relief, except in cases
when he or she invokes the special jurisdiction of the
court by impugning such jurisdiction over his person. 28

Types of Jurisdiction:
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Exclusive Jurisdiction
4. Concurrent Jurisdiction
5. General Jurisdiction
6. Special Jurisdiction
Original Jurisdiction: Original jurisdiction is the power of the court to take judicial cognizance of a case instituted for
judicial action for the first time under conditions provided by law. 29

Appellate Jurisdiction: Appellate jurisdiction is the authority of a court higher in rank to re-examine the final order of
judgment of a lower court which tried the case now elevated for judicial review. 30

Exclusive Jurisdiction: A court's power to adjudicate an action or class of actions to the exclusion of all other courts.

Concurrent Jurisdiction: Jurisdiction that might be exercised simultaneously by more than one court over the same
subject matter and within the same territory, a litigant having the right to choose the court in which to file the
action.

General Jurisdiction: General jurisdiction is a court's authority to hear any type of case which is not vested in
another court.33

Special or Limited Jurisdiction: Those which have only a jurisdiction particular purpose or are clothed with special
powers for the performance of specified duties beyond which they have no authority of any kind.34

Classes and types of Courts

1. Supreme Court (SC)
2. Court of Appeals (CA)
3. Sandiganbayan (SB)
4. Court of Tax Appeals (CTA)
5. Second Level Courts
a. Regional Trial Courts (RTC)
b. RTC designated as Family Courts
6. The First Level Courts
a. Metropolitan Trial Courts (MeTC)
b. Municipal Trial Courts in Cities (MTCC)
c. Municipal Trial Court (MTC)
d. Municipal Circuit Trial Courts (MCTC)
7. Shari'a Courts
a. Shari'a District Courts
b. Shari'a Circuit Courts

Supreme Court (SC)

Criminal Jurisdiction of the Supreme Court:

Exclusive and Original Jurisdiction: Petitions for issuance of writs of certiorari, prohibition and mandamus against
the decisions of the following:
1. Court of Appeals (CA);
2. Sandiganbayan (SB).35

Appellate Jurisdiction:

1. In cases where the CA imposes reclusion perpetua, life imprisonment or a lesser penalty, the judgment may be
appealed to the SC by notice of appeal filed with the CA; 36

2. Automatic review for cases of death penalty rendered by the CA;37

3. Appeal by certiorari from a judgment or final order or resolution of the Regional Trial Court (RTC), Court of
Appeals, the Sandiganbayan or other courts in which only errors or questions of law are involved.38

4. Petition for review on certiorari (Rule 45) from the Sandiganbayan if penalty is less than death, life imprisonment
or reclusion perpetua in criminal cases, and, in civil cases; 39
5. Notice of appeal from the Sandiganbayan if it imposes life imprisonment or reclusion perpetua or where a lesser
penalty is imposed involving offenses committed on the same occasion or which arose out of the same occurrence
that gave rise to the more serious offense for which the penalty of death, reclusion perpetua of life imprisonment is
imposed; 40

6. Automatic review of death penalty imposed by the Sandiganbayan in the exercise of its original jurisdiction; 41

7. Automatic review whenever the Sandiganbayan, in the exercise of its appellate jurisdiction, finds that the penalty
of death, reclusion perpetua or life imprisonment should be imposed; 42

8. Appeal or application for remedy against the decision or findings of the Ombudsman on pure question of law.43

Concurrent Jurisdiction with the Court of Appeals: Petitions for issuance of writs of certiorari, prohibition and
mandamus against the decisions of the Regional Trial Courts and lower courts.44

Concurrent Jurisdiction with the Court of Appeals and Regional Trial Courts: Petitions for issuance of writs of
certiorari, prohibition and mandamus against the decisions of the Municipal or Metropolitan Trial Courts. 45

Concurrent Jurisdiction with the Court of Appeals, Sandiganbayan and Regional Trial Courts: Petitions for the
issuance of writ of amparo46 and writ of habeas data47.

Concurrent Jurisdiction with the Sandiganbayan: Petitions for mandamus, prohibition, certiorari, injunctions and
ancillary writs in aid of its appellate jurisdiction including quo warranto arising or that may arise in cases filed under
EOs. 1, 2, 14 and 14- A.48

Court of Appeals (CA)

Criminal Jurisdiction of the Court of Appeals:

Exclusive and Original Jurisdiction: Actions for annulment of judgments of RTC49.

Appellate Jurisdiction:

1. Judgments or decisions of RTC via notice of appeal (except those appealable to the SC or Sandiganbayan).50

2. Judgments or decisions of RTC via petition for review under Rule 42. 51

3. Decisions rendered by the RTC where the penalty imposed is reclusion perpetua or life imprisonment via notice of
appeal. 52

4. Decision rendered by the RTC where the penalty imposed is death via automatic review. 53

Concurrent Jurisdiction with the Supreme Court: Petitions for issuance of writs of certiorari, prohibition and
mandamus against the RTCs and lower courts.54

Concurrent Jurisdiction with the Supreme Court and Regional Trial Court: Petitions for issuance of writs of
certiorari, prohibition and mandamus against the lower courts or bodies. 55

Concurrent Jurisdiction with the Supreme Court, Sandiganbayan and Regional Trial Court: Petitions for the issuance
of writ of amparo56 and writ of habeas data57.

Court of Tax Appeals (CTA)

Criminal Jurisdiction of the Court of Tax Appeals:

Exclusive and Original Jurisdiction: All criminal cases arising from violation of the National Internal Revenue Code or
Tariff and Customs Code, and other laws, part of laws, or special laws administered by the Bureau of Internal
Revenue or the Bureau of Customs where the principal amount of taxes and fees, exclusive of charges and penalties
claimed is more that P1,000,000,58

Appellate Jurisdiction:

1. Over appeals from the judgment, resolutions or orders of the RTC in tax cases originally decided by them, in their
respective territorial jurisdiction.

2. Over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate
jurisdiction over tax cases originally decided by the MeTCs, MTCs, and MCTCs in their respective jurisdiction. 59

Sandiganbayan (SB)

Criminal Jurisdiction of the Sandiganbayan:

Exclusive and Original Jurisdiction:

(a) Violations of Republiciction: No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act,
Republic Act No. 1379, and Chapter II, Section 2. Title VII. Book II of the Revised Penal Code, where one or more of
the accused are officials occupying the following positions in the government, whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:

1) Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No.
6758), specifically including:

i. Provincial governors, governors, vice- members of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other provincial department heads:

ii. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers,
and other city department heads;

iii. Officials of the diplomatic service occupying the position of consul and higher;

iv. Philippine army and air force colonels, naval captains, and all officers of higher rank;

v. Officers of the Philippine National Police while occupying the position of provincial director and those
holding the rank of senior superintendent and higher;

vi. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;

vii. Presidents, directors or trustees, or managers of government- owned or controlled corporations, state
universities or educational institutions or foundations.

2) Members of Congress and officials thereof classified as Grade '27' and higher under the Compensation and
Position Classification Act of 1989;

3) Members of the judiciary without prejudice to the provisions of the Constitution;

4) Chairmen members and of the Constitutional Commissions, without prejudice to the provisions of the
Constitution; and

5) All other national and local officials classified as Grade '27' and higher under the Compensation and Classification
Act of 1989. Position
(b) Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a. of this section in relation to their office.

(c) Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986.60

Appellate Jurisdiction: Final judgments, resolutions or orders of regional trial courts whether in the exercise of their
own original jurisdiction or of their appellate jurisdiction as provided in Republic Act No. 10660.

Concurrent Jurisdiction with the Supreme Court: Petitions for mandamus, prohibition, certiorari, injunctions and
ancillary writs in aid of its appellate jurisdiction including quo warranto arising or that may arise in cases filed under
EOs. 1, 2, 14 and 14- A.61

Concurrent Jurisdiction with the Supreme Court, Court of Appeals and Regional Trial Court: Petitions for the
issuance of writ of amparo62 and writ of habeas data63.

Regional Trial Courts (RTC)

Criminal Jurisdiction of the Regional Trial Courts:

Exclusive Original Jurisdiction:

1. Criminal cases not within the exclusive jurisdiction of any court, tribunal or body64;

2. Offenses punishable with imprisonment exceeding six (6) years irrespective of the amount of fine, and regardless
of other imposable accessory or other penalties65;

3. Cases not falling within the exclusive original jurisdiction of the Sandiganbayan where the information: (a) does
not allege any damage to the government or any bribery; or (b) alleges damage to the government or bribery arising
from the same or closely related transactions or acts in an amount not exceeding One million pesos
(P1,000,000.00).66

4. Cases not falling within the exclusive original jurisdiction of the Sandiganbayan where the imposable penalty is
imprisonment more than 6 years and none of the accused are occupying positions corresponding to Salary Grade '27'
or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers. 67

5. Other laws which specifically lodge jurisdiction in the RTC:

a. Law on written defamation or libel68;

b. Violations of Dangerous Drugs Act regardless of the imposable penalty69;

6. Cases falling under the Family Courts in areas where there are no Family Courts70.

Concurrent Jurisdiction with the Supreme Court and Court of Appeals: Petition for certiorari, prohibition, and
mandamus against the decisions of lower courts.71

Concurrent Jurisdiction with the Supreme Court, Sandiganbayan and Court of Appeals: Petitions for the issuance of
writs of amparo72 and habeas data73.

Appellate Jurisdiction: All cases decided by lower courts in their respective territorial jurisdictions.74

Family Courts (FC)

Criminal Jurisdiction of the Family Courts:

Exclusive and Original Jurisdiction:

1. Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age;

2. Criminal cases where one or more of the victims is a minor at the time of the commission of the offense;

3. Cases against minors cognizable under the Dangerous Drugs Act, as amended;

4. Violations of RA 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act, as amended by RA 7658; and

5. Cases of domestic violence against:

a. Women - involving acts of gender- based violence that result, or likely to result in physical, sexual or psychological
harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which
violate a woman's personhood, integrity and freedom of movement; and

b. Children which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence and
discrimination and all other conditions prejudicial development. 75 to their

Metropolitan and Municipal Trial Courts (MTC)

Criminal Jurisdiction of the Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial
Court (MTC), and Municipal Circuit Trial Courts (MCTC)

Exclusive and Original Jurisdiction:

1. All offenses punishable with imprisonment of not more than six (6) years irrespective of the fine and regardless of
other imposable accessory or other penalties and the civil liability arising therefrom. 76

2. Those covered by the Rules on Summary Procedure, i.e.:

a. Violations of traffic laws, rules and regulations;

b. Violations of the rental law;

c. Violations of municipal ordinances; or city

d. Violations of B.P.22 (A.M. No. 00- 11-01- SC); and

e. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not
exceeding one (1) year, or a fine not exceeding fifty thousand pesos (Php 50,000), or both, regardless of other
imposable penalties, accessory or otherwise, or of the civil liability arising therefrom.

f. In offenses involving damage to property through criminal negligence under Article 365 of the Revised Penal Code
where the imposable fine does not exceed One Hundred Fifty Thousand Pesos (Php 150,000).77

7. Cases not falling within the exclusive original jurisdiction of the Sandiganbayan where the imposable penalty is
imprisonment not more than 6 years and none of the accused are occupying positions corresponding to Salary Grade
'27' or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers. 78

KATARUNGANG PAMBARANGAY LAW

Precondition to filing Complaint in Court: No complaint, petition, action, or proceeding involving any matter within
the authority of the lupon shall be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties before the lupon chairman or the pangkat,
and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto.
Cases covered by the Katarungang Pambarangay Law: The lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or municipality for amicable settlement of all disputes.

Cases not covered by the Katarungang Pambarangay Law: disputes:

1. Where one party is the government, or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the performance of his official
functions;

3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);

4. Offenses where there is no private offended party;

5. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto
agree to submit their differences to amicable settlement by an appropriate lupon;

6. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon;

7. Such other classes of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.

Instances when Parties May Go Directly to Court:

The parties may go directly to court in the following instances:

1. Where the accused is under detention;

2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;

3. Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support pendente lite; and

4. Where the action may otherwise be barred by the statute of limitations.

Venue / Where to initiate barangay amicable settlement:

1. Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before
the lupon of said barangay.

2. Those involving actual residents of different barangays within the same city or municipality shall be brought in the
barangay where the respondent or any of the respondents actually resides, at the election of the complainant.

3. All disputes involving real property or any interest therein shall be brought in the barangay where the real
property or the larger portion thereof is situated.

4. Those arising at the workplace where the contending parties are employed or at the institution where such parties
are enrolled for study, shall be brought in the barangay where such workplace or institution is located.

- Chapter III –
PROSECUTION OF OFFENSES
(RULE 110)
CRIMINAL ACTION

Criminal action: It is one by which the State prosecutes a person for an act or omission punishable by law. 79
Purpose of criminal action: The purpose of a criminal action, in its purest sense, is to determine the penal liability of
the accused for having outraged the state with his crime and, if he be found guilty, to punish him for it.80

Parties to the action:

1. People of the Philippines

2. Accused.81

The offended party (or the victim) is regarded merely as a witness for the state. 82

Offended party in criminal action: When a person commits a crime, he offends two entities, namely:

1. The society in which he lives in or the political entity called the State whose law he has violated; and

2. The individual member of the society whose person, right, honor, chastity or property has been actually or directly
injured or damaged by the same punishable act or omission, 83

How criminal actions are instituted: It depends upon whether or not the offense is one which requires a preliminary
investigation.

Preliminary Investigation is required: A criminal action is instituted by filing the complaint with
the proper investigating officer for the purpose of
conducting the requisite preliminary investigation.

Preliminary Investigation is not required: 1. By filing the complaint or information directly to the
Municipal Trial Courts and Municipal Circuit Trial Courts.

2. By filing the complaint with the office of the

prosecutor. 85

There is no direct filing in the RTC and MeTC.

Rule in Manila and other chartered Cities: The complaint shall be filed with the office of the prosecutor unless
otherwise provided in their charter.

Significance or Effect of the Institution of criminal action on the prescriptive period: Institution of criminal action
shall interrupt the period of prescription of the offense charged unless otherwise provided by special laws. 87

Who must prosecute criminal actions: All criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the prosecutor.88

This is so because in criminal cases, the real offended party is the State, the interest of the private complainant,
whose role is merely to testify as a witness for the prosecution, being limited to the civil liability. 89

Public Prosecutor's functions: Having been vested by law with the control of the prosecution of criminal cases, the
public prosecutor, in the exercise of his functions, has the power and discretion to:

1. Determine whether a prima facie case exists

2. Decide which of the conflicting testimonies should be believed free from the interference or control of the
offended party

3. Subject only to the right against self- incrimination, determine which witnesses to present in court.90

The matters within the control and supervision of the prosecutor:

1. What case to file or the prosecuting attorney, by the nature of his office, is under no compulsion to file a particular
criminal information where he is not convinced that he has evidence to prop up the averments thereof, or that the
evidence at hand points to a different conclusion. 91

2. Whom to prosecute or the determination of the persons to be prosecuted on the basis of the evidence against
them rests primarily with the prosecutor. 92

3. Manner of prosecution or the manner by which the prosecution of a case is handled. 93

4. The duty to move for the dismissal of the information if he is convinced that the evidence is insufficient to
establish, at least prima facie, the guilt of the accused. 94

Matters within the control of the Court after the case is filed:

1. The question of suspending the arraignment lies within the discretion of the trial court.95

2. Once an information is filed in court, any remedial measure such as a reinvestigation must be addressed to the
sound discretion of the court. 96

3. After the case had already been filed in court, the power to dismiss criminal actions is vested solely in the court.

4. Downgrading of offense or dropping of accused even before plea. 98

When can a private prosecutor prosecute the case:

1. In case of heavy work schedule of the public prosecutor or

2. In the event of lack of public prosecutors.99

Condition for the prosecution of the case by a private prosecutor:

1. He or she must be authorized to do so

2. The authority must be in writing

3. The authority must be given by the Chief of the Prosecution Office or the Regional State Prosecutor

4. The authority must be approved by the court, 100

Extent of authority of the private prosecutor: Once so authorized to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to the end of the trial, even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn. 101

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, 102

This is another instance where private prosecutor may appear in a criminal case.

Purpose of the appearance of a private prosecutor: The intervention is for the sole purpose of enforcing the civil
liability born of the criminal act and not of demanding punishment of the accused. 103

Such intervention, moreover, is always subject to the direction and control of the public prosecutor.

When appearance of a private prosecutor is not allowed:

1. The offended party waives the civil action;

2. The offended party reserves the right to institute the civil action separately;

3. The offended party instituted the civil action prior to the criminal action. 105

Prosecution of the crime of Adultery and Concubinage:

Who must file: The crimes of adultery and concubinaged shall not be prosecuted except upon a complaint filed by
the offended spouse. 106

Parents and/or children of either spouse cannot file a case of adultery or concubinage.

Who are included in the complaint for Adultery and Concubinage: The offended party cannot institute criminal
prosecution without including the guilty parties, if both alive. 107

The case is filed against the offender and his or her lover, paramour, or mistress.

The Complaint for Adultery and Concubinage cannot be instituted when:

1. The offended party has consented to the offense

2. The offended party has pardoned the offenders, 108

The consent or pardon may be either express or implied

Consent vs. Pardon:

 Consent: Consent is granted prior to the illicit affair.

 Pardon: It is given after the illicit affair. 109

For either consent or pardon to benefit the accused, it must be given prior to the filing of a criminal complaint. 110