crim pro: r110

Question 1

CN 1 (R110, Prescription)

What is the effect of the institution of criminal action?

Answer 1

Filing of the criminal action interrupts the running of the prescriptive period of the offense charged.

Specific effects:

RPC and SPL: no more distinction, so filing of complaint or information

Ordinance (Summary Procedure): filing of an INFORMATION

LGC: filing of com before the Punong barangay but in no case shall the interruption exceed 60D from the filing of the complaint. however, filing of com for PI purposes starts the prosecution.

Question 2

CN 2 (R110, Prescription)

To suspend the prescriptive period, is it necessary that the proceeding be filed or initiated by the offended party?

Answer 2

YES. the only proceeding that could interrupt the running of prescription is that which is filed or initiated by the offended party before the appropriate body or office.

Question 3

CN 3 (R110, Offended party)

Since the principal offended part is the people of the ph, and the private offended party is entitled to intervene in its prosecution in cases where the civil action is IMPLIEDLY instituted therein, what is the effect then if the criminal action is instituted in the name of the private offended party?

gets mo ba yung tanong? what if daw pag hindi pp v. xxxx, instead abc v. xxx?

Answer 3

Defect is merely of form and may be cured at any stage of the trial.

Question 4

CN 4 (R110, Complaint/Information)

Define complaint.

Answer 4

A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. (S4, R110)

Question 5

CN 5 (R110, Complaint/Information)

Define information.

Answer 5

An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (S5, R110)

Question 6

CN 6 (R110, Complaint/Information)

Requisites of com/inf (provide their common and specific reqs)

Answer 6

Common requisites:
The complaint or information
1. Shall be in writing,
2. In the name of the People of the Philippines and
3. Against all persons who appear to be responsible for the offense involved.

Specific requisites

COMPLAINT INFORMATION
1. Needs to be sworn 1. Requires no oath (why? because
the prosecutor filing the inf is
acting under the oath of his office
2. Subscribed by: 2. Subscribed by the prosecutor
a. offended party;
b. any peace officer; or
c. other public officer charged
with the enforcement of the
law violated.
3. charges a person 3. accusation
4. filed either in MTC or with the 4. filed in court
provincial/city prosecutor’s office.

Question 7

CN 7 (R110, Complaint/Information)

What is the effect of an infirmity in the information?

Answer 7

An infirmity in the information, such as lack of authority of the officer signing it, cannot be cured by silence, acquiescence, or even by express consent. However, this shall not be a bar to a subsequent prosecution under a subsequent valid information.

Infirmity, as a ground, may be raised AT ANY STAGE of the proceedings. Hence, failure to make a timely objection to the defect of multiple offenses in a single com or inf is deemed to be a waiver of the said objection.

Question 8

CN 8.A (R1110, Complaint/Information)

Who may file a com/inf? (GR + XPN)

Answer 8

GR:
Complaint Information
1. Offended party 1. City/provincial prosecutor and their
assistants
2. Any peace officers 2. Duly appointed special
prosecutors
3. Other public officer charged
with the enforcement of the law
violated

XPN:
Offenses or crimes that cannot be prosecuted de oficio

Question 9

CN 8.B (R110, Complaint/Information)

What are the offenses that cannot be prosecuted de oficio? And what to do about this?

Answer 9

Offenses or crimes that cannot be prosecuted de oficio:

a. private offenses (concubinages, adultery, seduction, abduction, acts of lasciviousness); and
b. defamations imputing any of the aforesaid offenses

.A complaint containing the aforesaid offenses must be filed by the offended party.

Question 10

CN 9 (R110, Complaint/Information)

How is the prosecution in the RTC commenced?

Answer 10

Prosecution in RTC is always commenced by inf.

Question 11

CN 10 (R110, Control of prosecution, role of the private prosec)

All criminal actions commenced by com/inf shall be prosecuted under the direction and control of the ____________.

Answer 11

Prosecutor.

Question 12

CN 11 (R110, Control of prosecution, role of the private prosec)

To what extent is the prosecutor’s full control of the case.

Answer 12

Prior to the filing of the inf in court: full control - decides who should be charged or excluded from the inf

Inf filed in court: inf can no longer be withdrawn or dismissed without the tribuna;s approval. reinvestigation of the case at such stage requires a permission of the court to be secured.

Question 13

CN 12 (R110, Control of prosecution, role of the private prosec)

Can a private prosec prosecute a case? If yes, when?

Answer 13

In case of:

1. Heavy work schedule of the public prosecutor; or
2. In the event of lack of public prosecutors

Provided:

1. Authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution; and
2. Subject to the approval of the Court (Rule 1102, Sec. 5).

Once so authorized, private prosecutor shall continue to prosecute the case up to the end of trial unless the authority is revoked or withdrawn.

Question 14

CN 13 (R110, Prosecution of private crimes)

Who may prosecute the following crimes:

a. adultery and concubinage
b. seduction, abduction, and acts of lasciviousness

Answer 14

Crime Prosecute Pardon

Adultery and concubinage Offended spouse only Offended spouses only

Seduction, abduction a. offended woman a. offended woman of
and acts of lasciviousness b. parents, GP, or legal/ age and not incapaci
judicial guardian if -tated.
the offended party is b. P, GP, GUA of the of-
a minor/suffers phy/men fended minor WITH
disability conformity of the
c. state (parens patriae) minor
if offended part dies or c. minor if no known P,
becomes incapacitated or her own dad/mom
before she could file the is dead
complaint and no known
parents, GP, guardian

Defamation imputing to party/parties defamed only
a person any of the fore-
going crimes

NOTE: complaint for prosecution of the foregoing crimes only starts the prosecution and DOES NOT CONFER JURISDICTION ON THE COURT TO TRY THE CASE

NOTE: Pardon referred here is pardon BEFORE filing of com in court. Except for rape, sed, abd, AOL (pardon by marriage), pardon effected AFTER the filing DOES NOT PROHIBIT THE CONTINUANCE OF THE PROSECUTION OF THE OFFENSE.

XPN to the XPN: no extinguishment of criminal action

1. where the marriage was invalid or contracted in bad faith in order to escape criminal liability.
2. not applicable to libelous imputation
3. in multiple rape, insofar as the other accused in the other acts of rape respectively committed by them are concerned.

Question 15

CN 14 (R110, Prosecution of private crimes)

Effect of death of offended spouse/offender in adultery

Answer 15

Who died/got acquitted Effect

One of the accused Not a bar in the prosecution of the other
accused

Offended spouse BEFORE FILING: bars further prosecution
AFTER FILING: not prevent the proceeding

Question 16

CN 15 (R110, Effect of desistance)

Effect of desistance of complainant.

Answer 16

Does not bar the People from prosecuting the criminal action but operates as a WAIVER of the right to pursue CIVIL INDEMNITY.

Question 17

CN 16

Test of sufficiency of the complaint or information

Answer 17

whether the crime is described in intelligible terms with such particularity as to apprise the accused, with reasonable certainty, of the offense charged to enable the accused to suitably prepare for his defense.

For as long as the ultimate facts constituting the offense have been alleged, an Information will be valid.

Question 18

Distinguish ultimate facts and evidentiary facts.

Answer 18

Ultimate facts - facts constituting the cause of action which the evidence will prove at trial

Evidentiary facts - facts supporting the existence of some other alleged and unproven fact. These need not be alleged in the inf.

Whatever facts and circumstances must necessarily be alleged are determined based on the essential elements of a crime.

Question 19

Can a substantial defect in the inf be cured by evid?

Answer 19

No. Substantial defect in the information cannot be cured by evidence that would jeopardize the accused’s right to be informed of the true nature of the offense he is charged with.

Question 20

Matters needed to be stated to render com/inf sufficient. (NDANAP)

Answer 20

1. Name of the accused
2. Designation of the offense by a statute
3. Acts or omission complained of as constituting the offense
4. Name of the offended party
5. Approximate date of the commission of the offense
6. Place where the offense was committed

Question 21

NDANAP questions

Rule on the name of the accused

a. if name is known
b. if name cannot be ascertained
c. if true name thereafter disclosed

Answer 21

a. if name is known - name and surname, or nickname by which he has been or is known
b. if name cannot be ascertained - fictitious name with a statement that his true name is unknown
c. if true name thereafter disclosed when before it cannot be ascertained - true name shall be inserted in the complaint or information and record.

Question 22

is an inf against all accused described as “john does” void?

Answer 22

Yes. an arrest warrant against them is also void.

Question 23

rule on the following defects:

a. error in the name of the accused
b. mistake in the name of the accused

Answer 23

a. error - curable at any stage of the proceedings. as long as his identity is sufficiently established, this is merely a matter of form
b. mistake - not equivalent to a mistake in the identity of the accused especially when sufficient evidence is adduced to show that the accused is pointed to as one of the perpetrators in the crime.