DIVISIONS OF RULE OF COURT:

II. Upon the prosecution of the case, if the probable

I. Civil Procedure
cause or validity of the arrest was established, the
II. Special Proceeding
prosecutor will now have to file to the court that so-
III. Criminal Procedure
called information.
IV. Rules on Evidence
V. (The last division is about Bar matters)
3. Court:

SUMMARY OF THE CRIMINAL PROCEDURE: I. When the information has already been filed to the
court, it will be the duty of the court to study or
Criminal Procedure is the process in which a person determine whether if there’s a probable cause for
goes through when he commits a crime. the issuance of the warrant of arrest for the accused.
The moment a person commits a crime; the 5 pillars of the
Philippine criminal justice system will commence. II. If there’s no probable cause for the issuance of the
warrant of arrest, the court cannot immediately
1. Law Enforcement: issue that warrant of arrest. Instead, the court will
conduct clarificatory hearing or will immediately
I. Conduct Criminal Investigation. dismiss the case.
 Object, documentary, and testimonial evidences
will be collected in the vicinity as for the case III. On the other hand, if the court determined that
will not prosper if there’s no evidences. there’s a probable cause for the issuance of the
warrant of arrest for the accused, that is now the
II. Prepare the following necessary documents for the another function of the law enforcement will be
filing of the case at the prosecution; performed, that of arresting the accused by virtue
 Police Report of warrant of arrest.
 Affidavit of Complaint
 Sworn Statement of complainant and witnesses IV. If the accused has already been arrested, that is now
the stages of the court proceedings commenced. As
2. Prosecution: to the fact that the court proceedings will not begin
without the court having jurisdiction over the
I. Upon the formal filing of the complaint to the person of the accused through arresting, posting
prosecution, the summary procedure of preliminary of bail or voluntary surrender.
investigation and inquest proceeding will be
conducted by the public prosecutor. a) Arraignment
 This is where the presence of the accused
a) Preliminary Investigation is necessary because the judge will now
 The purpose of this is to determine if read the charges filed against such person
there is a probable cause to the crime in the complaint.
committed and the person charged is
probably guilty thereof. This will only be  After the judge read the information
conducted if the accused is not yet against the accused, he will be asked if he
arrested or detained. understand everything that was read to
him.
b) Inquest Proceeding
 Its purpose is to determine the validity of  That’s why it is important that the
the executed apprehension or arrest information must be read in the dialect or
towards the suspect by virtue of language known to the accused. As for it is
warrantless arrest in the following the constitutional rights of the accused to
instances; be informed of the nature and cause of his
 Caught in the act accusation.
 Hot pursuit
 Escapee in jail or prison
 b) Pre-trial he will now go to correctional institution wherein
 Mediation – If the claims is not involving a he will serve his sentence.
clear legal issue, mediation can end the
conflict with a resolution that is acceptable  BJMP – If the penalty imposed is not more
to the both parties. than 3 years.
 BuCor – If the penalty imposed is more
c) Trial than 3 years.
a) It is the complainant that first presents
evidence because of the principle of burden 5. Community
of proof which means “whoever alleges I. If the convicted criminal is a first-time offender;
must prove the same” but must not be of heinous crime, or the penalty
imposed for the crime committed is within the
i. Direct Examination by the proponent. probationable period or the imprisonment is not
ii. Cross Examination by the opponent. more than 6 years, the convicted criminal would go
iii. Re-direct Examination by the back to the community as he is eligible for
proponent. probation which means rehabilitation by the use of
iv. Re-cross Examination by the community.
opponent.

b) After the presentation of evidence by the

complainant, offer of evidence will now be BASIC PRECEPTS
also conducted by the complainant. Offer Criminal procedure is the law that “provides and
of evidence is the offering of evidences that regulates the steps by which one who committed a crime
has been presented and other evidences is to be punished”
related to the issue. Moreover, before an
evidence can be admitted by the court, the  It means that when a crime is committed, there is
party presenting the evidence must already one that is to be punished. The steps and
formally offer it to the court as well as processes needs to be undertaken are already
citing its purpose on a specific aspect of the provided and regulated by this procedure.
case in order to be considered as competent
and will be considered in the decision over
Criminal procedure consists in a sequence of acts or
the case.
procedures conducted by officials aimed at determining
whether crimes were committed, who committed them,
c) After the offer of evidence by the
and what their punishment, if any, should be.
complainant, that’s the time the accused
will now present evidence. Its process is  It is the step-by-step procedure which is
just the same as what has been transpired conducted by an official, in determining whether
during the presentation of evidences by the crimes were committed.
complainant.  If the court finds that accused that the accused did
not commit a crime, or the prosecution failed to
d) After the trial, presentation of evidences prove the guilt of the accused beyond reasonable
and formally offering it, appeals, etc. doubt
Judgment will now be made wherein that is
the time which the court will announce
whether the accused is guilty or not guilty Probable Cause – It means if there was really a crime
of the crime charged. committed and the person charged is probably guilty. The
term used is “probable/probably” because only the court
4. Correction determines whether the accused is guilty or not guilty.
I. If the convicted criminal is not qualified for
probation or the imposed penalty for the crime
committed is not within the probationable period,
Adversarial system – It contemplates two contending I. Filing of Information
parties before the Court which hears them impartially and  Upon the determination of the probable
renders judgment after trial. cause by the prosecution, the prosecution
will now have to prepare an information
 In this system, the court has to hear the evidences
and such information will be filed in court.
that will be presented by the prosecution or the
complainant and the accused in which the court
 If a locality has more than one court, the
should not be in favor to either both parties. Then
filed information’s must go through that
the only function of the judge is to determine
so-called “raffle of cases” wherein every
which parties’ reading is believable before
week, the judges will go to a respective
rendering a judgment after trial. (Acquittal or
office for the randomly picking of cases to
conviction)
avoid misunderstandings.
 This is the system that we adhere here in the
 Different levels of Courts
Philippines.
i. First Level Courts:
Inquisitorial – The court plays a very active role and is not  Municipal Trial Court
limited to the evidence presented before it. The court may  Metropolitan Trial Court
utilize the evidence gathered outside the court and the  Municipal Trial Courts in Cities
judge under this system actively participates in the  Municipal Circuit Trial Courts
gathering of evidence which has not been formally
offered. ii. Second Level Courts
 Regional Trial Court
 In this system, the court does not rely only on the
 Sharia District Court
evidences presented by the parties. Instead, the
court may conduct investigation by itself and
iii. Third Level Courts
gather evidences outside of what has been

presented by the parties. That’s why it is being
said that the judge actively participates in the
trial.
II. Issuance of Warrant of Arrest
 Upon the receipt of the cases to the
Crime for Preliminary Investigation respective judges, they are going to study it
to determine if there is a probable cause for
The case will go over to preliminary the issuance of warrant of arrest.
investigation if the accused is not yet
arrested. III. Arrest
 After the warrant of arrest has been issued,
Commission
accused must be arrested or take into
of the crime Crime committed in Inflagrante Delicto
custody by law enforcers in order to have
jurisdiction over the person of the
accused. The means of the court to have
jurisdiction over the person of the accused
are arresting, posting of bail or
voluntary surrender.
CRIME UNDER PRELIMINARY INVESTIGATION
IV. Arraignment
 (The same with the summary of CP)

V. Pre-Trial
 (The same with the summary of CP)

VI. Trial
  (The same with the summary of CP)  (The same with Preliminary I.)

VII. Judgment VI. Pre-trial

 (The same with the summary of CP)  (The same with Preliminary I.)

VIII. Appeal VII. Trial

 After the judgment, if it is conviction, the  (The same with Preliminary I.)
accused has the right to appeal.
VIII. Judgment
IX. Service of Sentence  (The same with Preliminary I.)
 However, if that filed appeal didn’t work
either, then the convicted criminal will IX. Appeal
serve his sentence.  (The same with Preliminary I.)

X. Service of sentence
CRIME UNDER IN FLAGRANTE DELICTO  (The same with Preliminary I.)

REQUITES FOR THE EXERCISE OF CRIMINAL

JURISDICTION

I. Arrest
 Since the suspect was caught in the act
while committing the crime, therefore he
will be immediately taken into custody by
the law enforcers.
1. Jurisdiction over the subject matter
 For what crime has been committed, the
II. Inquest Proceeding
law has already provided for such, thus you
 This will be conducted to determine if the
cannot get away from it anymore.
cause of the apprehension conducted by the
law enforcers was valid and executed
 The jurisdiction over the subject matter
lawfully.
will be determined based on the imposable
penalty and not the imposed penalty for the
III. Filing of Information
crime which has been committed.
 (The same with Preliminary I.)
 Jurisdiction base on the penalty:
IV. Commitment Order
i. If the penalty is six years and below,
 Due to the suspect was already been taken
that is within the jurisdiction of the
into custody by the law enforcers, before
first level court.
such person be detained to jail a facility,
such facility will require the law enforcers
ii. If the penalty is more than six years,
to have commitment order and a medical
that is within the jurisdiction of the
certificate attached to it before admitting
second level court or the RTC.
the suspect into their custody.

V. Arraignment
  Jurisdiction over the subject matter will not Custody of the law vs Jurisdiction over the person
depend on the evidences that will be
 Hindi ko maintindihan.
presented in a trial

 The determination of jurisdiction over the Jurisdictions of Courts

subject matter is at the time of the filing of
information or the commencement of the i. First Level Courts: For crimes 6 years and below.
criminal action and not the time of the  Municipal Trial Court – This courts in is the
commission of the offense. different municipalities in the country.

2. Jurisdiction over the territory  Metropolitan Trial Court – This court is only
 It is about where the crime was committed. in Manila.
If the crime transpired in Manila, therefore
you should file the complaint within the  Municipal Trial Courts in Cities – This court
jurisdiction of Manila Courts. However, is in the different cities all over the country
there are exceptions such are as continuing aside from metro manila.
crime and the crime punishable under
article 2 of the Revised Penal Code;  Municipal Circuit Trial Courts – This court
i. While on a Philippine ship or airship. is in the provinces where there are two or
ii. Forge or counterfeit Philippine more municipalities are within its
currency. jurisdiction
iii. Liable acts connected with the
introduction within the Philippine ii. Second Level Courts: For crimes of more than 6
islands. years.
iv. Public Officer that commits a crime in  Regional Trial Court
exercise of his function.
v. Crime committed against national iii. Third Level Courts:
security and the law of nations.  Sandiganbayan
 Court of Tax Appeals
3. Jurisdiction over the person of the accused
 It is about how the court can acquire
jurisdiction over the accused by means of Jurisdictions of First Level Courts
arrest by virtue of warrant of arrest, posting 1. If there are city or municipalities’ ordinances that
of bail, and voluntary surrender. has been violated in their respective territory.

 Acts that will be considered as voluntary 2. Over all offenses punishable with imprisonment
surrender: not exceeding six (6) years.

i. Asking affirmative relief from the Jurisdictions of the Regional Trial Court
court.
1. Those where the penalty provided by law exceeds
six (6) years imprisonment.
ii. Filing a motion to quash – It is filed
2. Violations of RA 9165
before the plea or arraignment.
3. Violation of IPL
4. Defamation under Art. 360
iii. Appearance of counsel during
5. Violation of 9262
arraignment or entry of appearance
6. Anti-money laundering
of counsel for the accused.
7. Violation of Cyber-Crime Law
8. Those criminal cases falling under the appellate
iv. Act of posting bail without
jurisdiction of Sandiganbayan
qualification.
9. Violation of Election Laws
Jurisdiction of Sandiganbayan vi. Officers of the Philippine National Police
while occupying the position of
 Elements of Jurisdiction of Sandiganbayan: provincial director and those holding the
rank of senior superintendent and higher;
i. Know the crime committed – The crime
that has been committed must be in vii. City and provincial prosecutors and their
relation to his function. assistants, and officials and prosecutors
in the Office of the Ombudsman and
ii. Who committed the offense – A public special prosecutor;
official and his accomplice regardless if
viii. Presidents, directors or trustees, or
he or she is a private citizen.
managers of government-owned or
controlled corporations, state universities
 Type of cases which is under Sandiganbayan:
or educational institutions or
i. Violations of RA 3019 – Anti-Graft and
foundations.
Corrupt Practices Act
ii. RA 1379 – Forfeiture ix. Members of Congress and officials
iii. Chapter II, Section 2, Title VII, Book 2 thereof classified as Grade ’27’ and
of RPC or about Bribery. higher under the Compensation and
iv. Other offenses or felonies whether Position Classification Act of 1989;
simple or complexed with other crimes
committed by the public officials and x. Members of the judiciary without
employees committed in relation to the prejudice to the provisions of the
office. Constitution;
v. Plunder xi. Chairmen and members of the
Constitutional Commissions, without
 Jurisdiction of Sandiganbayan (Offender) prejudice to the provisions of the
i. Officials of the executive branch Constitution; and
occupying the positions of regional
director and higher, otherwise classified xii. All other national and local officials
as Grade ’27’ and higher, of the classified as Grade ’27’ and higher under
Compensation and Position the Compensation and Position
Classification Act of 1989 (Republic Act Classification Act of 1989.
No. 6758), specifically including.

ii. Provincial governors, vice-governors, RULE 110

members of the sangguniang
panlalawigan, and provincial treasurers, Prosecution of Offenses
assessors, engineers, and other provincial
Section 1. Institution of criminal actions. Criminal
department heads.
actions shall be instituted as follows:
iii. City mayors, vice-mayors, members of a) For offenses where a preliminary investigation is
the sangguniang panlungsod, city required pursuant to section 1 of Rule 112, by filing
treasurers, assessors, engineers, and other the complaint with the proper officer for the purpose
city department heads. of conducting the requisite preliminary investigation.

iv. Officials of the diplomatic service  Not all offenses are subject to preliminary
occupying the position of consul and investigation. Only those offenses that the
higher. imposable penalty of 4 years 2 months and 1 day
will be file to the prosecutor whose will conduct
v. Philippine army and air force colonels,
the preliminary investigation.
naval captains, and all officers of higher
rank;
b) For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts
 and Municipal Circuit Trial Courts, or the complaint Section 4. Information defined. An information is an
with the office of the prosecutor. In Manila and other accusation in writing charging a person with an offense,
chartered cities, the complaint shall be filed with the subscribed by the prosecutor and filed with the court.
office of the prosecutor unless otherwise provided in
their charters.  Information is also in a document form, but in
contrast with the complaint, only the prosecutor
 Those offenses which have corresponding can prepare, subscribed, and file an information.
imposable penalty of less than 4 years 2 months
and 1 day does not require preliminary
investigation but still can be conducted. Such Section 5. Who must prosecute criminal actions. All
cases which are not subject for preliminary criminal actions commenced by a complaint or
investigation can be directly file in the court or information shall be prosecuted under the direction and
at the office of the prosecutor. control of the prosecutor. However, in Municipal Trial
Courts or Municipal Circuit Trial Courts when the
The institution of the criminal action shall interrupt the prosecutor assigned thereto or to the case is not available,
running of the period of prescription of the offense the offended party, any peace officer, or public officer
charged unless otherwise provided in special laws. charged with the enforcement of the law violated may
prosecute the case. This authority shall cease upon actual
 The running period of prescription of a certain intervention of the prosecutor or upon elevation of the
crime will stop when the case has already been case to the Regional Trial Court.
filed to the prosecution.
 “Complaint and information” is always
indicated in the provisions since the complaint
Section 2. The complaint or information. The can be directly filed in court in the form of an
complaint or information shall be in writing, in the name information if there is no preliminary
of the People of the Philippines and against all persons investigation is required to such. However, in
who appear to be responsible for the offense involved. cities, it must always be filed in the form of
information or the complaint and information
 The complaint or information must be in a are consolidated together and will be filed in
document form which its caption must be in the court.
name of the Philippines, and all names of the
accused must be stated in such complaint or  The general rule is that the one who is in-
information. charged with the prosecution of an offense is no
other than prosecutor unless in some instances
wherein there is no available prosecutor to a
Section 3. Complaint defined. A complaint is a sworn particular area.
written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or The crimes of adultery and concubinage shall not be
other public officer charged with the enforcement of the prosecuted except upon a complaint filed by the offended
law violated. spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both
 If the offended party or victim is a private are alive, nor, in any case, if the offended party has
person, the complaint must be prepared and consented to the offense or pardoned the offenders.
subscribed by such private person. However, in
crimes committed in which the offended party  It means the cases of adultery and concubinage
is not a private person, it will be filed and cannot be filed if it is not the actual offended
subscribed by the peace officer or public officer spouse who will going to file it. Therefore, only
in-charged with the enforcement of the law the offended spouse can file such cases.
which has been violated. Such as in violation of
R.A. 9165 in which the offended party is the  It is required that the offended spouse must
state itself. charge both parties.
  The only exception based on this section is that may be the one who will initiate the criminal
when the offended spouse has already been action.
pardon or consented his spouse to do so.
No criminal action for defamation which consists in the
 In the cases of concubinage and adultery, when imputation of any of the offenses mentioned above shall
we say pardon, it means that the offended be brought except at the instance of and upon complaint
spouse had sexual intercourse with his spouse filed by the offended party.
even having the knowledge to the crime
committed by his spouse.  Always the offended party can file the criminal
action even in libel cases.
The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted except upon a The prosecution for violation of special laws shall be
complaint filed by the offended party or her parents, governed by the provisions thereof.
grandparents or guardian, nor, in any case, if the offender
has been expressly pardoned by any of them. If the  R.A. 8552 amend the classification of rape case
offended party dies or becomes incapacitated before she from a private crime to public crime.
can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the
criminal action in her behalf. Section 6. Sufficiency of complaint or information. A
complaint or information is sufficient if it states the name
 It means the crime of seduction, abduction and of the accused; the designation of the offense given by the
acts of lasciviousness must be filed in a form of statute; the acts or omissions complained of as
complaint by the actual offended party or constituting the offense; the name of the offended party;
victim. However, if the actual victim is unable the approximate date of the commission of the offense;
to do so, first his parents, then or his and the place where the offense was committed.
grandparents, then or his legal guardian, then or
the state itself can initiate the criminal action on  It means a complaint or information is sufficient
his behalf. to file in court if all of the necessary details are
included therein.
The offended party, even if a minor, has the right to
initiate the prosecution of the offenses of seduction, When an offense is committed by more than one person,
abduction and acts of lasciviousness independently of her all of them shall be included in the complaint or
parents, grandparents, or guardian, unless she is information.
incompetent or incapable of doing so. Where the offended
party, who is a minor, fails to file the complaint, her  In complaint or information, all of the names of
parents, grandparents, or guardian may file the same. The the accused must be stated therein.
right to file the action granted to parents, grandparents, or
guardian shall be exclusive of all other persons and shall
be exercised successively in the order herein provided, Section 7. Name of the accused. The complaint or
except as stated in the preceding paragraph. information must state the name and surname of the
accused or any appellation or nickname by which he has
 It means if the offended party to such cases is a been or is known. If his name cannot be ascertained, he
minor, he can file the case himself and must be described under a fictitious name with a statement
independently initiate the criminal action. that his true name is unknown.
However, if the minor failed to file the case, his
parents, grandparents, or legal guardian may file  It means in a complaint or information; the
the same. complete name of the accused must be stated
including his appellation or nickname or what
 If the offended party is incompetent or we called “AKA”. However, if the complete
incapable to file the case, he can be assisted by name of the accused is unknown, it may use a
his parents, grandparents, or legal guardian or fictitious name accompanied with a statement
implying the reason for such.
If the true name of the accused is thereafter disclosed by essential element of the offense charged or is necessary
him or appears in some other manner to the court, such for its identification.
true name shall be inserted in the complaint or
information and record.  If you alleged that a crime was transpired in a
particular place, then you must file the case to
 If the real name of the accused became their respective jurisdiction.
ascertained later on, the fictitious name
indicated in the complaint or information will be Section 11. Date of commission of the offense. It is not
removed and replaced by the real name of the necessary to state in the complaint or information the
accused. precise date the offense was committed except when it is
a material ingredient of the offense. The offense may be
alleged to have been committed on a date as near as
Section 8. Designation of the offense. The complaint or possible to the actual date of its commission.
information shall state the designation of the offense
given by the statute, aver the acts or omissions  The exact time of the commission of the crime
constituting the offense, and specify its qualifying and in the complaint or information is not
aggravating circumstances. If there is no designation of necessarily precise, that’s why some of the
the offense, reference shall be made to the section or complaints or information used the phrase “on
subsection of the statute punishing it. or about”.

 The designation of the offense alleged in the  However, in the cases of rape, the time is
information must be indicated. Likewise, in the necessary because there are instances that the
complaints wherein the aver acts constituting single act of rape constitutes a single crime, it
the offense must be also indicated. means that if the victim was raped three times in
a day, then it constitutes three counts of rape.
 Like if the case is murder, its qualifying and
aggravating circumstances why it is considered
as murder must be specified. Section 12. Name of the offended party. The complaint
or information must state the name and surname of the
 The mitigating circumstances is the concern of person against whom or against whose property the
the accused and not of the prosecution. offense was committed, or any appellation or nickname
by which such person has been or is known. If there is no
better way of identifying him, he must be described under
Section 9. Cause of the accusation. The acts or a fictitious name.
omissions complained of as constituting the offense and
the qualifying and aggravating circumstances must be a) In offenses against property, if the name of the
stated in ordinary and concise language and not offended party is unknown, the property must be
necessarily in the language used in the statute, but in terms described with such particularity as to properly
sufficient to enable a person of common understanding to identify the offense charged.
know what offense is being charged as well as its
qualifying and aggravating circumstances and for the  If the offense is against property, the
court to pronounce judgment. property must be described for the
proper identification of the offense.

b) If the true name of the person against whom or
against whose property the offense was
Section 10. Place of commission of the offense. The committed is thereafter disclosed or ascertained,
complaint or information is sufficient if it can be the court must cause such true name to be inserted
understood from its allegations that the offense was in the complaint or information and the record.
committed or some of its essential ingredients occurred at
some place within the jurisdiction of the court, unless the  This applies to public crimes because
particular place where it was committed constitutes an only the offended party can file this.
 the filing of a new one charging the proper offense in
c) If the offended party is a juridical person, it is accordance with section 19, Rule 119, provided the
sufficient to state its name, or any name or accused shall not be placed in double jeopardy. The court
designation by which it is known or by which it may require the witnesses to give bail for their appearance
may be identified, without need of averring that it at the trial.
is a juridical person or that it is organized in
 There's two type of amendment, formal and
accordance with law.
substantial amendment. And base on this
provision, you can amend your complaint or
 When we say juridical person, it
information before and after plea or arraignment.
pertains to companies, corporations,
etc.
 Before Plea:
The general rule here is that you can formally or
Section 13. Duplicity of the offense. A complaint or substantially amend your information without the
information must charge only one offense, except when leave of court except in the two instances
the law prescribes a single punishment for various provided in the 2nd paragraph of the provision
offenses. which are if the amendments "downgrades the
nature of the offense charged in" like for example,
 The general rule here is that for every offense,
you are going to downgrade the crime of murder
there’s should only be one information, except
to homicide. Then "exclude any accused from the
with regards to complex crime because complex
complaint or information" like for example, in
crime has its own same penalty.
your information, there's 3 accused, but you are
going to exclude 1 of them. Therefore, even
 There’s what we call duplicitous information
before the plea, you will need to file a leave of
which is it is a joinder of two or more distinct
court before doing such and can only be made
and separate offenses in the information.
upon motion of the prosecutor with notice to the
However, in criminal procedure, it is generally
offended party.
not allowed except when the law prescribed a
single punishment for various offenses which
 After Plea:
means if a two or more offenses have the same
The rule here is if you are going to amend your
corresponding punishment, then that is the time
information, it only covers formal amendments
when it may be allowed by the court.
such as clerical and typographical error, as for
substantial amendment shall not be allowed, and
Section 14. Amendment or substitution. A complaint or you will absolutely need to file a leave of court
information may be amended, in form or in substance, before doing such and the amendment must not
without leave of court, at any time before the accused prejudice the rights of the accused.
enters his plea. After the plea and during the trial, a formal
amendment may only be made with leave of court and  Like for example, in a case of rape, in the
when it can be done without causing prejudice to the information, it was indicated that the victim is 18
rights of the accused. years old, but it turns out there was a
typographical error and the victim is actually 8
However, any amendment before plea, which downgrades years old only, thus it will prejudice the rights of
the nature of the offense charged in or excludes any the accused if such amendment will be made.
accused from the complaint or information, can be made
only upon motion by the prosecutor, with notice to the  The test of whether an accused is prejudiced by
offended party and with leave of court. The court shall an amendment is to determine whether a defense
state its reasons in resolving the motion and copies of its under the original information will still be
order shall be furnished all parties, especially the offended available even after the amendment is made and
party. if any evidence that an accused might have would
If it appears at any time before judgment that a mistake remain applicable even in the amended
has been made in charging the proper offense, the court information.
shall dismiss the original complaint or information upon
  In the substitution of an information, when it or Baguio and also can be file in Bulacan,
becomes manifest that a mistake has been made Pampanga, Tarlac, etc. where the bus passed by
in charging the proper offense, substitution can be during its trip.
made at any time before judgment. The duty of
the court is to dismiss the original complaint or  If the offense be committed in a vessel, you may
information upon the filing of a new one and also file the case in the first port of entry or places
to not discharged the accused immediately, where the vessel passed by during its voyage.
instead detain him, but only if there's a good
cause appears, in order to commit the accused to
make an answer for the proper offense. But most Section 16. Intervention of the offended party in
importantly, the substitution must not place the criminal action. Where the civil action for recovery of
accused in double jeopardy. 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.
Section 15. Place where action is to be instituted.
 According to article 100 of the RPC, if a person
Subject to existing laws, the criminal action shall be
commits a felony, he is not only criminally liable,
instituted and tried in the court of the municipality or
but also civilly liable.
territory where the offense was committed or where any
of its essential ingredients occurred.
 Thus, if the criminal action is instituted with the
Where an offense is committed in a train, aircraft, or other civil action for instance of recovery of civil
public or private vehicle in the course of its trip, the liability, then intervention of the offended party
criminal action shall be instituted and tried in the court of himself or by counsel in the prosecution of the
any municipality or territory where such train, aircraft, or offense miqght be allowed. But still under the
other vehicle passed during its trip, including the place of control or direction of the prosecutor.
its departure and arrival.
 However, this is not happen all the time since
Where an offense is committed on board a vessel in the
there are instances that the criminal action
course of its voyage, the criminal action shall be instituted
separated from the civil action. Such as in the
and tried in the court of the first port of entry or of any
instances of; the offended party waives the civil
municipality or territory where the vessel passed during
actions, the civil action is instituted prior to the
such voyage, subject to the generally accepted principles
criminal action, or if the crime committed has no
of international law.
offended party.
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 RULE 111
filed. Prosecution of Civil Action
 Base on this section, the general rule here is that Section 1. Institution of criminal and civil actions.
when there's an offense committed and you are
going to file a criminal action, you are going to a) When a criminal action is instituted, the civil action
file it to the municipality or territory where such for the recovery of civil liability arising from the
offense or its essential ingredient occurred. But offense charged shall be deemed instituted with the
the exception here is the article 2 of the RPC. criminal action unless the offended party waives the
civil action, reserves the right to institute it separately
 If the offense was committed in a train, aircraft, or institutes the civil action prior to the criminal
or private and public vehicle, you may file the action.
case in the territory of its departure, arrival and
The reservation of the right to institute separately the
places where it passed during its trip.
civil action shall be made before the prosecution starts
presenting its evidence and under circumstances
 Just like for example, if an offense was
affording the offended party a reasonable opportunity
committed in a bus trip in manila going to Baguio,
to make such reservation.
therefore you can file the case whether in Manila
 When the offended party seeks to enforce civil If the criminal action is filed after the said civil action has
liability against the accused by way of moral, already been instituted, the latter shall be suspended in
nominal, temperate, or exemplary damages without whatever stage it may be found before judgment on the
specifying the amount thereof in the complaint or merits. The suspension shall last until final judgment is
information, the filing fees therefor shall constitute a rendered in the criminal action. Nevertheless, before
first lien on the judgment awarding such damages. judgment on the merits is rendered in the civil action, the
same may, upon motion of the offended party, be
Where the amount of damages, other than actual, is
consolidated with the criminal action in the court trying
specified in the complaint or information, the
the criminal action. In case of consolidation, the evidence
corresponding filing fees shall be paid by the
already adduced in the civil action shall be deemed
offended party upon the filing thereof in court.
automatically reproduced in the criminal action without
Except as otherwise provided in these Rules, no filing prejudice to the right of the prosecution to cross-examine
fees shall be required for actual damages. the witnesses presented by the offended party in the
criminal case and of the parties to present additional
No counterclaim, cross-claim or third-party evidence. The consolidated criminal and civil actions
complaint may be filed by the accused in the criminal shall be tried and decided jointly.
case, but any cause of action which could have been
the subject thereof may be litigated in a separate civil During the pendency of the criminal action, the running
action. of the period of prescription of the civil action which
cannot be instituted separately or whose proceeding has
b) The criminal action for violation of Batas Pambansa been suspended shall be tolled. (n)
Blg. 22 shall be deemed to include the corresponding
civil action. No reservation to file such civil action The extinction of the penal action does not carry with it
separately shall be allowed. extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a
Upon filing of the aforesaid joint criminal and civil finding in a final judgment in the criminal action that the
actions, the offended party shall pay in full the filing act or omission from which the civil liability may arise
fees based on the amount of the check involved, did not exist.
which shall be considered as the actual damages
claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal,
Section. 3. When civil action may proceed
temperate or exemplary damages, the offended party
independently. In the cases provided in Articles 32, 33,
shall pay additional filing fees based on the amounts
34 and 2176 of the Civil Code of the Philippines, the
alleged therein. If the amounts are not so alleged but
independent civil action may be brought by the offended
any of these damages are subsequently awarded by
party. It shall proceed independently of the criminal
the court, the filing fees based on the amount awarded
action and shall require only a preponderance of evidence.
shall constitute a first lien on the judgment.
In no case, however, may the offended party recover
Where the civil action has been filed separately and damages twice for the same act or omission charged in the
trial thereof has not yet commenced, it may be criminal action.
consolidated with the criminal action upon
 The general rule here is that even the civil action
application with the court trying the latter case. If the
was filed ahead or filed subsequently from the
application is granted, the trial of both actions shall
criminal action, the primacy will be placed at the
proceed in accordance with section 2 of this Rule
criminal action over the civil action, it means that
governing consolidation of the civil and criminal
if the criminal action has been commenced and
actions.
there's a pendency, the separate civil action
cannot be instituted or shall be suspended until
final judgment is rendered to such.
Section 2. When separate civil action is suspended.
After the criminal action has been commenced, the  However, there's an exception to that, and these
separate civil action arising therefrom cannot be instituted are the cases of;
until final judgment has been entered in the criminal i. If there's a violation of public officer or
action. employee or private individual to the
 constitutional rights of a person, mentioned A final judgment entered in favor of the offended party
in the article 32 of the Civil Code of the shall be enforced in the manner especially provided in
Philippines. these rules for prosecuting claims against the estate of the
deceased.
ii. If there's a defamation, fraud or physical
If the accused dies before arraignment, the case shall be
injury mentioned in article 33 of the Civil
dismissed without prejudice to any civil action the
Code of the Philippines.
offended party may file against the estate of the deceased.
iii. If there was a refusal or failure on the part of
the public officers or police force to render
first aid protection mentioned in article 34 of Section 5. Judgment in civil action not a bar. A final
the Civil Code of the Philippines. judgment rendered in a civil action absolving the
defendant from civil liability is not a bar to a criminal
iv. and in the case of quasi delict. action against the defendant for the same act or omission
subject of the civil action.
 Therefore, the civil aspects to such cases may  If the final judgment rendered in a civil action
proceed independently or commence a separate was absolving the defendant from civil liability
and distinct civil action and may be prove by a does not mean you can no longer file the criminal
preponderance of evidence even if there's no action against the defendant for the same offense
judgment rendered yet in the criminal action. Or which has been the subject of the civil action.
either if there's already final judgment for the
criminal action, the civil action may still have
pushed through even if such final judgment
Section 6. Suspension by reason of prejudicial
rendered was absolved the defendant from civil
question. A petition for suspension of the criminal action
liability.
based upon the pendency of a prejudicial question in a
civil action may be filed in the office of the prosecutor or
 Preponderance of evidence means supervisor
the court conducting the preliminary investigation. When
weight of evidence on the issues involved.
the criminal action has been filed in court for trial, the
petition to suspend shall be filed in the same criminal
 Another, there's what we call prohibition on
action at any time before the prosecution rests.
double recovery, and base on the last sentence of
section 3, the offended party cannot recover  Base on this section, there's an instance wherein
damages twice for the same act of omission the criminal action will be the suspended one
charged in the criminal action. instead of civil action, caused by the prejudicial
question.

Section 4. Effect of death on civil actions. The death of  Prejudicial question exist when a civil action
the accused after arraignment and during the pendency of instituted involves an issue similar or intimately
the criminal action shall extinguish the civil liability related to the subsequently filed criminal action,
arising from the delict. However, the independent civil therefore, the matter that has priorly decided by
action instituted under section 3 of this Rule or which another authority should not be passed upon by
thereafter is instituted to enforce liability arising from the court trying the criminal case because it might
other sources of obligation may be continued against the cause 2 conflicting resolutions if the criminal case
estate or legal representative of the accused after proper will proceed along with the civil case.
substitution or against said estate, as the case may be. The
heirs of the accused may be substituted for the deceased  That's why the subsequent criminal action filed
without requiring the appointment of an executor or must be suspended by virtue of motion to suspend
administrator and the court may appoint a guardian ad proceedings based on prejudicial question at the
litem for the minor heirs. prosecutor office or the court conducting the
preliminary investigation over the criminal
The court shall forthwith order said legal representative or action.
representatives to appear and be substituted within a
period of thirty (30) days from notice.
 RULE 112 copy of the complaint and its supporting affidavits
and documents.
Preliminary Investigation
The respondent shall have the right to examine the
Section 1. Preliminary investigation defined; when
evidence submitted by the complainant which he may
required. Preliminary investigation is an inquiry or
not have been furnished and to copy them at his
proceeding to determine whether there is sufficient
expense. If the evidence is voluminous, the
ground to engender a well-founded belief that a crime has
complainant may be required to specify those which
been committed and the respondent is probably guilty
he intends to present against the respondent, and these
thereof, and should be held for trial.
shall be made available for examination or copying
Except as provided in section 7 of this Rule, a preliminary by the respondent at his expense.
investigation is required to be conducted before the filing
of a complaint or information for an offense where the Objects as evidence need not be furnished a party but
penalty prescribed by law is at least four (4) years, two (2) shall be made available for examination, copying, or
months and one (1) day without regard to the fine. photographing at the expense of the requesting party.

c) Within ten (10) days from receipt of the subpoena

Section 2. Officers authorized to conduct preliminary with the complaint and supporting affidavits and
investigations. The following may conduct preliminary documents, the respondent shall submit his counter-
investigations: affidavit and that of his witnesses and other
supporting documents relied upon for his defense.
a) Provincial or City Prosecutors and their The counter-affidavits shall be subscribed and sworn
assistants; to and certified as provided in paragraph (a) of this
b) National and Regional State Prosecutors; and section, with copies thereof furnished by him to the
c) Other officers as may be authorized by law. complainant. The respondent shall not be allowed to
Their authority to conduct preliminary investigations file a motion to dismiss in lieu of a counter-affidavit.
shall include all crimes cognizable by the proper court in
their respective territorial jurisdictions. d) If the respondent cannot be subpoenaed, of if
subpoenaed, does not submit counter- affidavits
within the ten (10) day period, the investigating
officer shall resolve the complaint based on the
Section 3. Procedure. The preliminary investigation
evidence presented by the complainant.
shall be conducted in the following manner:
a) The complaint shall state the address of the The investigating officer may set a hearing if there are
respondent and shall be accompanied by the affidavits facts and issues to be clarified from a party or a
of the complainant and his witnesses, as well as other witness. The parties can be present at the hearing but
supporting documents to establish probable cause. without the right to examine or cross-examine. They
They shall be in such number of copies as there are may, however, submit to the investigating officer
respondents, plus two (2) copies for the official file. questions which may be asked to the party or witness
The affidavits shall be subscribed and sworn to before concerned.
any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, The hearing shall be held within ten (10) days from
before a notary public, each of whom must certify that submission of the counter-affidavits and other
he personally examined the affiants and that he is documents or from the expiration of the period for
satisfied that they voluntarily executed and their submission. It shall be terminated within five (5)
understood their affidavits. days.

b) Within ten (10) days after the filing of the complaint, e) Within ten (10) days after the investigation, the
the investigating officer shall either dismiss it if he investigating officer shall determine whether or not
finds no ground to continue with the investigation, or there is sufficient ground to hold the respondent for
issue a subpoena to the respondent attaching to it a trial.
Section 4. Resolution of investigating prosecutor and investigation, the investigating judge shall transmit the
its review. If the investigating prosecutor finds cause to resolution of the case to the provincial or city prosecutor,
hold the respondent for trial, he shall prepare the or to the Ombudsman or his deputy in cases of offenses
resolution and information. He shall certify under oath in cognizable by the Sandiganbayan in the exercise of its
the information that he, or as shown by the record, an original jurisdiction, for appropriate action. The
authorized officer, has personally examined the resolution shall state the findings of facts and the law
complainant and his witnesses; that there is reasonable supporting his action, together with the record of the case
ground to believe that a crime has been committed and which, shall include: (a) the warrant, if the arrest is by
that the accused is probably guilty thereof; that the virtue of a warrant; (b) the affidavits, counter-affidavits
accused was informed of the complaint and of the and other supporting evidence of the parties; (c) the
evidence submitted against him; and that he was given an undertaking or bail of the accused and the order for his
opportunity to submit controverting evidence. Otherwise, release; (d) the transcripts of the proceedings during the
he shall recommend the dismissal of the complaint. preliminary investigation; and (e) the order of
cancellation of his bail bond, if the resolution is for the
Within five (5) days from his resolution, he shall forward dismissal of the complaint.
the record of the case to the provincial or city prosecutor
or chief state prosecutor, or to the Ombudsman or his Within thirty (30) days from receipt of the records, the
deputy in cases of offenses cognizable by the provincial or city prosecutor, or the Ombudsman or his
Sandiganbayan in the exercise of its original jurisdiction. deputy, as the case may be, shall review the resolution of
They shall act on the resolution within ten (10) days from the investigating judge on the existence of probable cause.
their receipt thereof and shall immediately inform the Their ruling shall expressly and clearly state the facts and
parties of such action. the law on which it is based and the parties shall be
furnished with copies thereof.
No complaint or information may be filed or dismissed by
an investigating prosecutor without the prior written They shall order the release of an accused who is detained
authority or approval of the provincial or city prosecutor if no probable cause is found against him.
or chief state prosecutor or the Ombudsman or his deputy.
Section 6. When warrant of arrest may issue.
Where the investigating prosecutor recommends the a) By the Regional Trial Court.
dismissal of the complaint but his recommendation is Within ten (10) days from the filing of the complaint
disapproved by the provincial or city prosecutor or chief or information, the judge shall personally evaluate the
state prosecutor or the Ombudsman or his deputy on the resolution of the prosecutor and its supporting
ground that a probable cause exists, the latter may, by evidence. He may immediately dismiss the case if the
himself, file the information against the respondent, or evidence on record clearly fails to establish probable
direct another assistant prosecutor or state prosecutor to cause. If he finds probable cause, he shall issue a
do so without conducting another preliminary warrant of arrest, or a commitment order if the
investigation. accused has already been arrested pursuant to a
warrant issued by the judge who conducted the
If upon petition by a proper party under such rules as the preliminary investigation or when the complaint or
Department of Justice may prescribe or motu proprio, the information was filed pursuant to section 7 of this
Secretary of Justice reverses or modifies the resolution of Rule. In case of doubt on the existence of probable
the provincial or city prosecutor or chief state prosecutor, cause, the judge may order the prosecutor to present
he shall direct the prosecutor concerned either to additional evidence within five (5) days from notice
file the corresponding information without conducting and the issue must be resolved by the court within
another preliminary investigation, or to dismiss or move thirty (30) days from the filing of the complaint of
for dismissal of the complaint or information with notice information.
to the parties. The same rule shall apply in preliminary
investigations conducted by the officers of the Office of b) By the Municipal Trial Court.
the Ombudsman. When required pursuant to the second paragraph of
section 1 of this Rule, the preliminary investigation of
Section 5. Resolution of investigating judge and its cases falling under the original jurisdiction of the
review. Within ten (10) days after the preliminary Metropolitan Trial Court, Municipal Trial Court in
 Cities, Municipal Trial Court, or Municipal Circuit Notwithstanding the waiver, he may apply for bail and the
Trial Court may be conducted by either the judge or investigation must be terminated within fifteen (15) days
the prosecutor. When conducted by the prosecutor, from its inception.
the procedure for the issuance of a warrant of arrest
by the judge shall be governed by paragraph (a) of this After the filing of the complaint or information in court
section. When the investigation is conducted by the without a preliminary investigation, the accused may,
judge himself, he shall follow the procedure provided within five (5) days from the time he learns of its filing,
in section 3 of this Rule. If his findings and ask for a preliminary investigation with the same right to
recommendations are affirmed by the provincial or adduce evidence in his defense as provided in this Rule.
city prosecutor, or by the Ombudsman or his deputy,
and the corresponding information is filed, he shall
issue a warrant of arrest. However, without waiting
for the conclusion of the investigation, the judge may
issue a warrant of arrest if he finds after an
examination in writing and under oath of the
complainant and his witnesses in the form of
searching questions and answers, that a probable
cause exists and that there is a necessity of placing the
respondent under immediate custody in order not to
frustrate the ends of justice.

c) When warrant of arrest not necessary.

A warrant of arrest shall not issue if the accused is
already under detention pursuant to a warrant issued
by the municipal trial court in accordance with
paragraph (b) of this section, or if the complaint or
information was filed pursuant to section 7 of this
Rule or is for an offense penalized by fine only. The
court shall then proceed in the exercise of its original
jurisdiction.

Section 7. When accused lawfully arrested without

warrant. When a person is lawfully arrested without a
warrant involving an offense which requires a preliminary
investigation, the complaint or information may be filed
by a prosecutor without need of such investigation
provided an inquest has been conducted in accordance
with existing rules. In the absence or unavailability of an
inquest prosecutor, the complaint may be filed by the
offended party or a peace officer directly with the proper
court on the basis of the affidavit of the offended party or
arresting officer or person.

Before the complaint or information is filed, the person

arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of
the provisions of Article 125 of the Revised Penal Code,
as amended, in the presence of his counsel.