Rule 110 Prosecution of Offenses

Sec 1. Institution of criminal actions—criminal actions shall be instituted as follows:

A. PI required, complaint filed with proper officer for the purposes of conducting the requisite PI
B. For all other offenses, complaint or information filed w/ MTC MCTC or complaint filed w/ the office
of the prosecutor.
In Mnl and other chartered cities, complaints filed at office of the prosecutor unless otherwise provided
**Institution of criminal action SHALL interrupt prescription period of offense unless otherwise provided
Institution of Criminal Actions by Complaint or Information: General Rule
 Length of imposable penalty determines jurisdiction NOT whether offense is committed inside or
outside Manila or a chartered city
 Rule for the purpose of institution of criminal action:
1. Crime committed INSIDE Manila/chartered city:
C or I filed w/ Office of the Prosecutor regardless whether PI is required
2. Crime committed OUTSIDE Manila/chartered city requiring a PI
C or I filed with the Office of the Prosecutor
3. Crime committed OUTSIDE Manila/chartered city not requiring PI
C or I filed w/ MTC and MCTC or Office of the Prosecutor for purposes of PI
Prescription
 W/o it, plaintiff can postpone filing of action to the point of depriving the defendant
 One of the grounds that totally extinguishes criminal liability
 Prescription as a defense, the ff must be considered:
1. Period of prescription for offense charged
2. Start of prescription period
3. Interruption of prescription period
EXC. RA9851 Ph Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
Against Humanity
S11. Crimes defined and penalized under this Act, their prosecution and execution of sentences
shall not be subject to any prescription
Prescriptive Period
 Provided by Art 90 of the RPC, Prescription of crime

Crimes Punished By Prescribes in

Death, reclusion perpetua, reclusion temporal 20y
Other afflictive penalties 15y
Correctional penalty 10y
Arresto Mayor 5y
Libel, other similar offenses 1y
Oral defamation, slander by deed 6m
Light offenses 2m
For violations of Special Laws and municipal Ordinances, provided by Prescribes
Act3326 amended by Act3585, 3763 After
Fine or imprisonment less than 1m or both 1y
Imprisonment 1m-2y 4y
Imprisonment 2y-6y 8y
Imprisonment 6y+ 12y
Treason 20y
Municipal Ordinances 2m
**If penalty is compound, highest penalty shall be made the basis of the application of the rules
contained in the 1st, 2nd and 3rd paragraph of this article
Computation of Prescription
 Time when prescription period starts to runthe time when prescription period is interrupted
 For crimes prosecuted under the RPC Art91 provides that period STARTS to run from the
discovery of the crime
Art 91. Computation of prescription of offenses—
 Prescription period:
-STARTS to run from the discovery of crime by the offended party, authorities or their agents
-INTERRUPTED by filing of C or I
-START AGAIN when proceedings terminate w/o accused being convicted/acquitted or
unjustifiably stopped by reasons not imputable to him
 Prescription STOPS when offender is absent from the Ph Archipelago
 For Special Laws, provided by Act3326 S2:
-STARTS from the day of commission of the violation or discovery/institution of judicial
proceeding for investigation and punishment if violation not known
-INTERRUPTED when proceedings are instituted against the guilty person
-STARTS AGAIN if proceedings are dismissed for reasons not constituting jeopardy
GENERAL RULE:
-STARTS the day the crime is committed and that an aggrieved person has no knowledge of his
right to sue or the facts where his rights arises DOES NOT INTERRUPT prescriptive period
EXC. Blameless Ignorance Doctrine (S2 Act3326)—The statute of limitations runs only upon
discovery of the fact of the invasion of a right w/c will support a cause of action
Interruption of Prescription
Under the RPC
 Provided by Art91—by filing C or I including filing for the purposes of PI
Under Special Laws
 by filing C or I including filing for the purposes of PI
 EXC violations of municipal offenses
Under the Rules on Summary Procedure
 by filing I directly in court
Effect of Void PI on Interruption of Prescription
 does not interrupt prescriptive period under RA3010

Sec 2. The C or I—C or I shall be in writing, in the name of the Ppl of the Ph and against all persons who
appear to be responsible for the offense involved
 documents that initiate criminal action that must accuse individuals w/ a crime

Sec 3. Complaint defined

 sworn written statement charging a person w/ an offense
 subscribed by offended party, peace office, other public officer charged w/ the enforcement of the
law violated
Oath
 that a complaint is made under oath by offended party etc. is a formal rather than jurisdictional
requirement
 absence of oath does not render complaint invalid
Offended Party
 the person against whom or against whose property the offense was committed
 if minor, has the right to independently initiate prosecution
 if mentally a minor, considered filed by a minor
Any Peace Officer
 any peace officer may subscribe and swear to a complaint

Sec 4. Information Defined

 accusation in writing charging a person w/ an offense
 subscribed by the prosecutor
  filed w/ the court
 ensures the guarantee the right of an accused to be informed of the nature and cause of the
accusation against him so that he could prepare his defense
Hornbook Doctrine—accused cannot be convicted of an offense unless it is clearly charged in the C or I

Subscribed and Filed by the Prosecutor

 Cases before Sandiganbayan—Prosecutor is Ombudsman
 PCGC Commissioner cannot subscribe to an I
 Valid I signed by the competent officer, CONFERS jurisdiction on the court over the person of
the accused and the subject matter of the accusation CANNOT be cured by silence, acquiescence,
express consent. In these cases, I is susceptible to a motion to quash on the ground of lack of
authority of the officer who filed
I Certified Under Oath by the Prosecutor
 Prosecuting officer filing it is charged w/ the special duty and is acting under the special
responsibility of his oath of office
 Contents of certification from the prosecutor is in S4R112 of the Rules of Court
S4. Resolution of investigating prosecutor and its review
1. He shall certify under oath in the I that he, an authorized officer has personally examined
complainant and his witnesses
2. There is reasonable ground to believe that a crime has been committed and that the accused is
probably guilty thereof
3. Accused was informed of the complaint/evidence submitted against him
4. He was given an opportunity to submit controverting evidence
5. Otherwise he shall recommend dismissal of C

Sec 5. Who must prosecute criminal action

 All criminal actions commenced by C or I shall be prosecuted under public prosecutor
 In the absence of public prosecutor, private prosecutor may be authorized in writing by Chief of
the Prosecution Office or Regional State Prosecutor to prosecute the case approved by the court
 Once authorized, the private prosecutor shall continue to prosecute until the end even in the
absence of a public prosecutor, unless authority is revoked/withdrawn
 As amended by A.M No 02-2-07-SC effective May 1 2002
Adultery and Concubinage
 only prosecuted upon C filed by the offended spouse
 offended party cannot institute criminal prosecution w/o including the guilty parties if both are
alive or if offended party has consented/pardoned the offense

Seduction, Abduction, Acts of Lasciviousness

  shall not be prosecuted upon a C filed by offended party, her parents, grandparents or guardian,
nor if offender has been pardoned
 if offended party dies/incapacitated before she can file the C and has no known relatives, State
shall initiate criminal action in her behalf
 minors in offended party has the right to initiate prosecution independently unless she is
incompetent/incapable
 if minor fails, relatives may file the same
 marriage of offender w/ offended party extinguishes criminal action
Defamation
 no criminal action
 brought only at the instance of and upon C filed by the offended party
Special Laws
 Governed by the provision thereof
Role of Public Prosecutors in Criminal Actions
 It is the DoJ, through its prosecutors, w/c is authorized to prosecute criminal cases on behalf of
the Ppl of the Ph
 Prosecutes all criminal actions commenced by C or I
 Special laws—sometimes require the designation of special prosecutors from different
government agencies to assist
 Has the power and discretion to:
1. Determine whether prima facie case exists
2. Decide w/c of the conflicting testimonies are free from control of the offended party
3. Subject only to the right against self-incrimination, determine w/c witnesses to present in court
 w/in the discretion of the judge to grant/deny a motion to dismiss filed by the fiscal
 Secretary of Justice—acts as counsel for the Ppl of the Ph in any case involving/arising from a
criminal complaint investigated by any of its prosecutors and pending before any trial court;
heads Prosecution Staff

Secretary of Justice
Prosecution Staff—headed by Prosecutor General
Deputy State Prosecutor Assistant State Prosecutors Prosecution Attorneys

 Ombudsman has full discretion to determine whether a criminal case should be filed in the
Sandiganbayan, once case has been filed Sandiganbayan has full control
 Once I is filed in court, jurisdiction is w/ the court, prosecution is under the control of prosecutor
or Special Prosecutor
  Further:

Regional Prosecutor Provincial/City Prosecutor Special Prosecutor and his

prosecution staff
 Any case w/in his  Any case of  Compose the Office of
region city/municipal the Special Prosecutor,
 May designate a ordinances in the under the Office of the
prosecutor from courts at the Ombudsman and their
provincial/city province/city and supervision/control
prosecutor w/in the discharge all duties  Conducts PI and
region as Acting incident to the prosecutes criminal
Provincial/City institution of cases of
Prosecutor in case of criminal actions Sandiganbayan
bias
Absence of the Public Prosecutor
 Absence sanctioned as ground for continuance in the trial of a case
 Valid reason for deferment of promulgation
 By law, duty bound to take charge until promulgation of judgment, presence is indispensable
Written Authorization for the Private Prosecutor
 In case of heavy work schedule or lack of the public prosecutor, private prosecutor may be
authorized in writing by the Chief of the Prosecution Office or Regional State Prosecutor to
prosecute the case subject to the court’s approval
 Provided by DoJ Memorandum Circular No. 5
Conditions for the authorization of a private prosecutor to prosecute criminal actions
1. Public has heavy work schedule, no public assigned in the city/province
2. Private is authorized by RSP, City/Provincial Prosecutor
3. Authority must be in writing
4. Authority of private must be approved by the court
5. Private shall continue to prosecute until end of tried unless authority is withdrawn/revoked by
RSP or City/Provincial Prosecutor
6. In case of withdrawn/revocation of authority of the private, same must be approved by the
court
**Public may take over any time
Private Offenses
 Crimes Against Chastity
EG
 Adultery
 Concubinage
 Seduction
 Abduction
 Acts of Lasciviousness
 Defamation involving imputation of aforementioned offenses
 Cannot be prosecuted EXC upon C filed by the offended party or authorized persons for purposes
of institution of the action for the option of the offended party if they are not willing to undergo
the scandal of public trial
  Institution, prosecution and extinction governed by Art344 of RPC (see Sec 5 R110)
 Rape not a Crime Against Chastity nor private offense, reclassified as Crime Against Persons by
RA8353 (1997)
Consent may be Prior/Subsequent to, and Express or Implied
 Consent may be given prior/subsequent to knowledge of the offense
 Consent must be given prior to filing of C because once C is filed, prosecution falls on the
prosecutor
 Consent may be inferred from the conduct or long continued inaction of the husband after
learning of the offense
Pardon may be Express or Implied
 Pardon must be given prior to filing of C
 Both offenders must be pardoned by the offended party for it to be effective

Express Pardon Implied Pardon

 Offended party, in writing/affidavit asserts  Offended party continued to live w/ his
that he is pardoning his erring spouse and spouse after commission of the offense
paramour for their adulterous act

Condonation
 Forgiveness of a marital offense constituting a ground for legal separation
 Conditional forgiveness by husband/wife, of a matrimonial offense w/c the latter has committed
 Any cohabitation w/ the guilty party, after the commission of the offense w/ knowledge of its
commission
 Single voluntary act of marital intercourse
 Parties live in the same house on terms of matrimonial cohabitation
 Civil Origin, principles apply in prosecution for concubinage
Express Pardon for Seduction, Abduction, and Acts of Lasciviousness
 Needed to bar a successful institution of criminal action
 Cannot be based on hazy deduction
 Length of time is immaterial as long as it is w/in prescriptive period for offense charged
Child in Conflict w/ the Law
 Provided by S19 and 20 of A.M. No. 02-1-18-SC
S19. PI
 Governed by S3 of R112 of Revised Rules of CrimPro
 Specially trained prosecutor shall be assigned to conduct inquest, PI and
prosecution of the case
 Child assisted by private lawyer or if none a lawyer from PAO
 Prosecutor has the duty to investigate allegations/evidence of torture and ill-
treatment during custody/detention
S20. Conduct of PI
 When child does not qualify for diversion
  Parents/guardian do not agree to diversion
 After assessment/recommendation of the social worker, prosecutor determines
diversion is not appropriate for the child
**At the PI, if there are clarificatory questions, Rule on Examination of a Child Witness shall apply
Prosecution of Special Laws
 Governed by provisions thereof

Sec 6. Sufficiency of C or I
 Sufficient if C or I states
1. Name of the accused
2. Name of the offended party
3. Designation given to the offense by the statute
4. Statement of the acts/omissions complained of as constituting the offense
5. Approximate time and date of the commission of the offense
6. Place where offense has been committed
Sufficient C or I
 Provided by S14 of the Constitution
S14
1. No person shall be held to answer for a criminal offense w/o due process of law
2. In all criminal prosecutions, the accused shall enjoy the right:
 To be heard by himself and counsel
 To be informed of the nature and cause of accusation against him (not subject to waiver)
 To have a speedy, impartial, and public trial
 To meet the witnesses f2f
 To have compulsory process to secure attendance of witnesses
 Production of evidence in his behalf
 After arraignment, trial may proceed even w/ absence of the accused provided he has
been notified and his failure to appear is unjustifiable
Objective of this constitutional mandate:
 To furnish accused w/ description of the charge against him to enable him to make his
defense
 To avail himself of his conviction/acquittal for protection against further prosecution for
the same cause
 Inform the court of the facts alleged to decide whether there is sufficient facts to convict\
Determining Sufficiency of I
 Whether or not the facts alleged would establish the essential elements of the crime defined by
law
 Facts outside of I will not be considered
Effect of Insufficiency
 Accused cannot be convicted of a higher offense than what is charged in the C or I on w/c he was
tried
 Motion for bill of particulars(made before arraignment)—may be resorted to in order to point out
alleged defects of I and to specify details desired
 Motion to quash the I—assails the validity of criminal C or I filed against him, if sustained, court
may order to file another C or I EXC if I is quashed on the ground of extinction of criminal
liability or double jeopardy
 Provided by S4 R117 of RoC—when an I whose facts charged do not constitute an offense,
prosecution shall be given the opportunity to correct defect by amendment

Sec 7. Name of the accused

 C or I must state the name and surname of the accused or any appellation/nickname he is known
 If name is unknown, must be described under a fictitious name w/ a statement that his true name
is unknown
 If true name of the accused is thereafter disclosed, true name shall be inserted in the C or I and
record
**If accused does not raise question of identity, he is deemed to have waived this defect and will be tried
under the erroneous name

Sec 8. Designation of the offense

 C or I shall state the designation of the offense given by the statute
 Aver the acts or omissions constituting the offense
 Specify its qualifying and aggravating circumstances
 If no designation of the offense, reference shall be made to the section/subsection of the statute
punishing it
Designation of an Offense
 Only the designation of the offense given by the statute is necessary
 E.G from RPC
 Treason
 Murder
 Grave threats
 Adultery
 Acts of Lasciviousness
Specific Name of the Offense
 Real nature of the crime charged is determined not by the title/specification of the provision of
the law alleged to have been violated but by the facts recited in the C or I
Specific Provision of Law; Specific Statute
 Lack thereof does not invalidate C or I
  If subject of C is punishable under 2 different statutes, it is imperative for the specific statute
violated to be mentioned in the charge (same w/ special laws)
 Offense is a violation of the statute w/c defines and penalizes it
Acts or Omissions Constituting the Offense
 Recital of acts or omissions constituting the offense, not the name used for the offense, that
determines the crime being charged in the information
Qualifying and Aggravating Circumstances
 All aggravating and qualifying circumstances of the crime charged must be alleged in the I
 Mitigating circumstances need not be specified in the I

Sec 9. Cause of the accusation

 Acts and omissions complained of as constituting the offense and the qualifying and aggravating
circumstances must be stated in ordinary and concise language
 not necessarily the language used in the statute but in terms sufficient to enable a person of
common understanding to know what offense is being charged as well as its qualifying and
aggravating circumstance and for the court to pronounce judgement
Cause of the accusation
 Narration of acts/omissions constituting an offense including its qualifying and aggravating
circumstances
 If I fails to charge an offense, its validity may be attacked even after arraignment
 Different from Cause of Action w/c is the act/omission by w/c a party violates the right of
another; basis of an ordinary civil action

Sec 10. Place of commission of the offense

 C or I is sufficient if it can be understood from its allegations that the offense or its essential
ingredients occurred at some place w/in the jurisdiction of the court
 Unless the particular place where it was committed constitutes an essential element of the offense
charged or is necessary for its identification
--Exact address need not be stated unless it is an essential element of the offense or necessary for its
identification
E.G Violation of Domicile (Art128), Trespass to dwelling (Art 280)

Sec 11. Date of commission of the offense

  Not necessary to state in the C or I the precise date 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 possible to the actual
date of its commission
Date of commission
General Allegation of the Date of Commission; EXC
 Date of commission not essential element of the crime—need not be stated w/ ultimate precision
 Date is the material ingredient of the offense—precise date of the commission needs to be stated
in the I
Limits to Generality
 Not a license to be reckless in alleging the date of commission of the offense or make an
allegation that is indefinite/vague, or to omit the date altogether

Sec 12. Name of the offended party

 C or I must state the name/surname of the person against whom/whose property the offense was
committed, or any appellation/nickname a person is known.
 If unknown, must be described under a fictious name
a. Offenses against property—if name of the offended party is unknown, the property must be
described w/ such particularity as to properly identify the offense charged
b. If true name of the person against whom/whose property the offense was committed is thereafter
disclosed, the court must insert true name in the C or I and the record
c. If offended party is a juridical person, name is sufficient w/o averring that it is a juridical person or
that it is organized in accordance with law
Offended Party
 If private offended farty, same rules apply
 Sufficient that Ppl of the Ph appear in the caption of the I to emphasize the penal laws of the
State have been violated
Offenses Against Property
 Subject matter of the offense must be specific and identifiable

Sec 13. Duplicity of the offense

  C or I must charge only one offense, EXC when the law prescribes a single punishment for
various offenses
One information, One Offense
 Duplicitous I (charges more than one offense), is defective and is a ground for quashal of
information
 To enable the defendant to prepare his defense and avoid confusing him with 2 or more charges
 Valid Ex:
a. Single act or incident offending 2 or more different provisions of law, is prosecuted under
separate I
b. 4 separate I charging accused w/ 4 offenses, w/ each I charging only 1 offense
c. One crime, albeit alleging different means of commission
EXC
Composite Crimes and Complex Crimes

Composite Crimes Complex Crimes

 Special complex crime  Art48 of the RPC
 2 or more crimes treated as a single  Compound Crime—Single act giving rise
indivisible and unique offense as a to 2 or more grave/less grave felonies
product of a single criminal impulse  Complex Crime Proper—Single act
 Specific crime w/ specific penalty giving rise to an offense that is a
provided by law necessary means to commit another
 Rape w/ homicide, robbery w/ homicide,
robbery w/ rape, kidnapping w/ serious
injuries, kidnapping w/ murder/homicide
**Penalty shall be the penalty for most serious crime, imposed in the maximum period
Waiver
 For quashal of I—this objection must be raised any time before entering his plea, otherwise
waived (S1 R117 of the RoC)

Sec 14. Amendment or Substitution

 C or I may be amended (in form/substance) w/o leave of court, at any time before the accused
enters his plea
 After the plea and during the trial, a formal amendment may only be made w/ leave of court
provided it does not cause prejudice to the rights of the accused
 Any amendment made before plea, w/c downgrades nature of the offense charged or excludes any
accused from C or I, can be made only upon motion by the prosecutor, w/ notice to the offended
party, w/ leave of court
 Court shall state its reasons in resolving the motion
 Furnish all parties (esp offended party) copies of its order
 If a mistake has been made in charging the proper offense, a new C or I must be filed charging the
proper offense (S19 R119) with the dismissal of the original C or I, provided accused shall not be
placed in double jeopardy
 Court may require the witnesses to give bail for their appearance at the trial
Amendment
 Form/Substance; Formal/Substantial (nature of amendment)
 Substantial Amendment—consists of recital of facts constituting the offense charged and
determinative of the jurisdiction of the court
EG. Changing original crime to a crime w/ higher imposable penalty
 All other amendments are form
Examples of Formal Amendments
1. New allegations w/c relate only to the range of the penalty that the court might impose during
conviction
2. Does not charge another offense different from that charged in the original one
3. Addtl allegations w/c does not change the prosecution’s theory
4. Does not adversely affect any substantial right of the accused
5. Addtl specifications to eliminate vagueness in the I, w/o new material facts
Examples of Formal Amendments from Jurisprudence
1. Addtl allegation of recidivism and habitual delinquency, provided it does not charge a different
offense from original I, and does not correct defect in trial court’s jurisdiction
2. Change from frustrated to consummated murder
3. Addtl phrase that states something that is already contained in the original I; Addtl allegation of
the name of the sole proprietorship
4. Not altering the basis of the charge
5. Amendment of I due to the failure of the same to allege all the elements of the offense
6. Change of the date of commission of a crime
Before Arraignment and Plea
 I may be amended, w/o leave of court, regardless of nature EXC downgrading the offense or
exclusion of any accused w/c shall be w/ leave of court, regardless of nature
After Arraignment and Plea
 Only formal amendments w/c does not cause prejudice to the rights of the accused
 Does not bar substantial amendments that are beneficial to the accused (S14 R110 RoC)
 When rights of accused are prejudiced by an amendment:
 Defense under the C or I would no longer be available after the amendment
 Evidence of the accused would no longer be available after the amendment
 Evidence of the accused would be inapplicable after the amendment
Amendment w/o Motion
 Amendment of I may also be made upon order of the court, consequent to a motion to quash filed
by a party
  If motion to quash is based on an alleged defect of the C or I curable by amendment, court shall
order that an amendment be made
Downgrading
 Before a plea, an amendment downgrading the nature of an offense, must be upon motion of the
prosecutor, w/ notice to the offended party, w/ leave of court
Exclusion
 Before a plea, amendment of I w/c excludes an accused must be made only upon motion by the
prosecutor, w/ notice to the offended party, w/ leave of court
 This rule does not qualify the grounds for the exclusion of the accused for lack of probably cause,
utilization of the accused as state witness
 Exclusion of an accused in I vs Discharge of an accused as state witness vs Discharge under the
Witness Protection Program

Exclusion of an accused in I Discharge of an accused as state witness Discharge under the Witness Protection
Program
 Rule 110 S14  Modes for participant in the commission of a crime to be a state witness
 Double jeopardy does  Rule 119 S17  RA 6981
not attach because  Operates as an acquittal and will bar  Double jeopardy does not attach
accused has not been future prosecution for the same offense because the accused is not
arraigned, as he was unless he fails/refuses to testify included in the I
excluded from I according to the basis for his discharge  Granted by the DoJ
 Granted by the court
Substitution
 If mistake was made in charging the proper offense, the original I may be ordered to be
substituted
 Original I or C shall be dismissed upon the filing of a new one
 Available any time before judgment
 Should not place an accused in double jeopardy
 Substitution vs Amendment

Substitution Amendment
 Formal or Substantial changes  Substantial changes from original
 Before plea, w/o leave of court charge
 Form—no need for another PI and the  W/ leave of court as original I is
retaking of the plea of the accused dismissed
 Same offense charged in the original I  Another PI required, accused has to
(offense included in original charge) plea again to the new information
 Amendments to the I after the plea
has been taken cannot be made over
the objection of the accused for if
original I is withdrawn, accused could
invoke double jeopardy
 Required that the new I involves a
different offense w/c does not
include/not included in the original
charge, hence accused cannot claim
double jeopardy
  Substitution or Amendment needed if:

Substitution Amendment
 New I charges an offense w/c is  2nd I involves the same offense, or an
distinct and different from that offense w/c necessarily
initially charged includes/included in the 1st I

Substitution of I and Substitution of the Accused

Substitution of I Substitution of the Accused

 S14 R110 of RoC  S4 R111 of RoC
 Cause—mistake made in charging the  Cause—Death of the Accused
proper offense  Estate/Legal representative of the accused
 Action remains criminal in nature takes the place of the accused as
defendant in the independent civil actions
or those arising from other sources of
litigation
 Action ex-delicto is dismissed/terminated

Effect of Amendment, Substitution, Downgrading, or Exclusion on PI

 For formal amendments, no new PI required
 For substantial amendments, new PI is required
 Substitution of I, new PI is required

Sec 15. Place where action is to be instituted

a. Subject to existing laws, criminal action SHALL BE INSTITUTED/TRIED in the court of the
municipality/territory where offense was committed or any essential ingredients occurred
b. If offense committed in train, aircraft or other public/private vehicle in the course of its trip, criminal
action SHALL BE INSTITUTED/TRIED in the court of any municipality/territory where train, aircraft or
other vehicle passed during its trip, including place of its departure/arrival
c. If offense committed on board a vessel in the course of its voyage, criminal action SHALL BE
INSTITUTED/TRIED in the court of the first port of entry or of any municipality/territory where the
vessel passed during such voyage, subject to generally accepted principles of international law
d. If offense committed outside the Ph but punishable by Art2 of the RPC SHALL BE COGNIZABLE by
the court where the criminal action is first filed

EXC to Territoriality
Offense committed on Board a Vessel in the Course of Voyage
 Does not require the first port of entry or where the ship passed after the discovery of the crime to
be the reckoning point for the venue
Extraterritorial Jurisdiction
 Provided by Art2 of the RPC
Enforced not only w/in the Ph Archipelago, including its atmosphere, interior waters and
maritime zone but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Ph ship/airship
2. Should forge/counterfeit any coin/currency note of the Ph Islands or obligations and securities
issued by the Ph Government
3. Should be liable for acts connected w/ the introduction into these islands of the obligations and
securities mentioned in the presiding number
4. While being public officers/employees, should commit an offense in the exercise of their
functions
5. Should commit any of the crimes against national security and the law of nations (Title 1 Book
2 of this Code)
 Special Laws
 S9 RA8042 Migrant Workers and and Overseas Filipinos Act
--fixes the venue of criminal actions arising from illegal recruitment in the place where the
offense was committed or where offended party actually resides at the time of commission
provided the court where the criminal action is first filed shall acquire jurisdiction
 S26-A RA 10364 Expanded Anti-Trafficking in Persons Act of 2012, provides extra-
territorial jurisdiction for acts of trafficking
S26-A. Extra-Territorial Jurisdiction—State shall exercise jurisdiction for acts
defined/penalized under this act, even if committed outside Ph, the crime being a
continuing offense commenced in the Ph and other elements outside, if the suspect:
a. Is a Filipino Citizen
b. Permanent resident of the Ph
c. Has committed the act against a citizen of the Ph
--No prosecution against a person if a foreign government has prosecuted or is
prosecuting such person for the conduct constituting such offense EXC upon approval of
the SoJ
--Government may surrender or extradite persons accused of trafficking in the Ph to the
appropriate international court or to another State pursuant to the applicable extradition
laws and treaties
 S19 RA 10168 Extra-Territorial Application of this Act
--Criminal provisions of this act shall apply:
a. to individual persons who are outside the territory of the Ph commit, conspire, or plot
to commit any crimes defined and punished in this Act inside the territory of the Ph
b. to individual persons who are outside the territory of the Ph, commit any crimes on
board Ph ship/airship
c. To individual persons who commit any crime w/in any embassy, consulate, or
diplomatic premises belonging to or occupied by the Ph government in an official
capacity
d. To individual persons who are outside of the territory of the Ph, commit any crimes
against Ph citizens or persons of Ph descent, where ethnicity was a factor in the
commission of the crime
e. To individual persons who are outside of the territory of the Ph, commit said crimes
directly against the Ph government
 f. Filipino national who is outside of the territorial jurisdiction of the Ph commit, conspire
or plot to commit any of the crimes defined/punished in this Act
g. If alien whose extradition is requested and that alien is not extradited to the requesting
state, the Republic of the Ph, w/o exception and whether or not offense was committed in
the Ph, shall submit case to DoJ for prosecution as if offense had been committed in the
Ph, courts of the Ph shall have jurisdiction over the offense
 S58 RA 9372 Human Security Act of 2007—extraterritorial application of crimes of
terrorism or conspiracy to commit the same
--provisions of this Act shall apply
1. To individuals who commit crimes defined/punished in this Act w/in terrestrial
domain, interior waters, maritime zone, and airspace of the Ph
2. To individuals who are physically outside the territorial limits of the Ph, commit,
conspire, or plot to commit any crimes defined/punished in this Act inside the territory of
Ph
3. To individuals who are outside the territory of Ph, commit any crime on Ph ship/airship
4. To individuals who commit crime w/in any embassy, consulate or diplomatic premises
belonging/occupied by the Ph government in an official capacity
5. To individuals who are outside the territory of the Ph, commit crimes against Ph
Citizens or persons of Ph descent where citizenship/ethnicity was a factor in the
commission of the crime
6. To individuals who are outside the territory of the Ph, commit said crimes directly
against Ph Government
**These crimes are cognizable by the Ph court where action is first filed

Sec 16. Intervention of the offended party in criminal action

 Where civil action for recovery of civil liability is instituted in the criminal action pursuant to rule
111, offended party may intervene by counsel in the prosecution of the offense
Private Offended Party’s Personality in Criminal Actions
Purpose of Criminal Action—to determine penal liability of the accused for having outraged the state w/
his crime, if guilty, to punish him for it
 Parties to the action are Ppl of the Ph and the accused/offended party is regarded merely as a
witness for the state
 Criminal Case has 2 aspects:
1. Criminal
2. Civil—provided by Art 100 of the RPC
--every person criminally liable is also civilly liable
--when a person commits a crime, he offends two entities
1. Society in w/c he lives in or the political entity (State) whose law he has violated
2. Individual member of that society whose person, right, honor, chastity or property was
directly injured/damaged by the same punishable act/omission
 S16 Rule 110 of RoC allows the offended party’s intervention in the prosecution of criminal
action, offended party may intervene in the prosecution of crime, EXC:
 1. When, from the nature of the crime and the law defining/punishing it, no civil liability arises in
favor of a private offended party
2. When, from the nature of the offense, the offended parties are entitled to civil indemnity but
a.. They waive the right to institute civil action
b. expressly reserve the right to do so
c. suit has already been instituted
**In these instances, private complainant’s interest disappears and criminal prosecution becomes
sole function of the public prosecutor
**Civil liability includes restitution/reparation for the damage caused and indemnification for
consequential damages
 An act/omission is felonious because it is punishable by law and gives rise to civil
liability because it caused damage to another
 Civil liability rises from obligation and moral duty of everyone to repair the damage
caused to another, whether done intentionally or negligently
 Indemnity sentenced to pay is an integral part of the penalty imposed for the crime
Subject to the Public Prosecutor’s Direction and Control
 Offended party’s intervention in criminal actions is subject to the direction and control of the
public prosecutor and limited to the protection of his interest in the civil aspect of the case
 Public prosecutor is not prevented from moving for the dismissal of the appeal by the offended
party if such dismissal would not affect the right of the offended party to civil indemnity
Intervention in Criminal/Civil Actions

Criminal Actions Civil Actions

 Governed by S16 R110 of RoC  Governed by R19 of the RoC
 Who may intervene—Only private  Who may intervene—Any person
offended party for the purpose of having legal interest in the matter in
prosecuting civil aspect of the litigation, or in the success of either
criminal case parties, or an interest against both,
situated to be adversely affected by a
distribution or other disposition of
property in the custody of the court
or any officer thereof