Criminal Jurisdiction: Rule 110 (Prosecution of Offenses)

Question 1

Public Crimes vs. Private Crimes

Answer 1

Private crimes are those which cannot be prosecuted except upon complaint filed by the aggrieved party. All other crimes are public crimes.

Question 2

Private crimes enumerated under the Rules of Court

Answer 2

1. Adultery
2. Concubinage
3. Seduction
4. Abduction
5. Acts of lasciviousness
6. Defamation which consists in the imputation of any of the above-mentioned offenses

Question 3

How are the crimes of adultery and concubinage prosecuted?

Answer 3

They shall be prosecuted only upon the complaint filed by the offended spouse.

The offended spouse must include the guilty parties. The case shall not prosper if the offended party consented to the commission of the offense.

Question 4

How are the crimes of seduction, abduction and acts of lasciviousness prosecuted?

Answer 4

They may be prosecuted only upon the filing of the complaint filed by the offended party, their parents, grandparents or guardian.

If the offended party dies or becomes incapacitated before they may file their complaint and has no parents, grandparents or guardians, the state may file an action on her behalf.

Question 5

Can criminal prosecution for seduction, abduction or acts of lasciviousness prosper despite an implied pardon by the persons who bring the action?

Answer 5

Yes. The Rules of Court provides that the pardon in favor of the offender must be expressly made.

Question 6

Who may prosecute criminal actions?

Answer 6

All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the public prosecutor.

Question 7

What is the rationale for the rule that criminal actions are prosecuted under the control and direction of the public prosecutor?

Answer 7

Since a criminal offense is an outrage to the sovereignty of the State, it follows that the state has the right to direct and control the prosecution of the criminal action.

Question 8

When may a private prosecutor intervene and prosecute a criminal action?

Answer 8

In case of heavy work schedule of the public prosecutor or in the event of a lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution office or the Regional State Prosecutor.

Once authorized, the private prosecutor shall continue to prosecute the case until the end of trial unless the authority is withdrawn.

Question 9

Is the OSG an indispensable party to an appealed criminal action?

Answer 9

Yes, since a criminal offense is an outrage to the sovereignty of the State, it follows that the state has the right to direct and control the prosecution of the criminal action.

Question 10

Does a private complainant have the legal personality to appeal the civil liability of a criminal case?

Answer 10

Yes, the private complainant may file an appeal of file a petition for certiorari to preserve his interest in the civil aspect of the criminal case.

Question 11

How are criminal actions instituted?

Answer 11

Offenses