Pre-Mid (Rule 110-112)

Question 1

The filing of the complaint with the fiscal’s office suspends the running of the prescriptive period and it remains tolled from the time the complaint was filed until such time that respondent is either convicted or acquitted.

Answer 1

Pp v. Bautista

Question 2

The filing of the complaint in the MTC, even if it be merely for purposes of preliminary investigation or examination interrupts the period of prescription, even if the court where the complaint or information was filed cannot try the case on its merits

Answer 2

Francisco v. CA

Question 3

knowledge check: difference between commencement and institution of criminal action

Answer 3

institution of complaint requires preliminary investigation to be filed in prosecutor’s office

commencement of complaint doesn’t have PI and filed in MTC or in prosecutor’s office** (complaint/information)

Question 4

In cases involving violations of municipal ordinances, the period of prescription shall be suspended only when judicial proceedings are instituted.

Answer 4

Zaldivia v. Reyes

Question 5

In 2001, a distributor discovered counterfeit products being sold by a trading company in Manila. The distributor filed a complaint with the Task Force on Anti-Intellectual Property Piracy (TAPP) of the Department of Justice (DOJ), alleging violation of the Intellectual Property Code (IPC).

Despite the filing, the TAPP dismissed the case due to insufficient evidence. The distributor appealed but was unsuccessful. The Court of Appeals later dismissed the case, citing prescription, as no complaint was filed in court within the prescribed period.

The distributor argued before the Supreme Court that the complaint filed with the TAPP should toll the prescriptive period.

Answer 5

Sanrio Company Limited v. Lim

The Supreme Court agreed, ruling that the filing of the complaint-affidavit interrupted the prescriptive period, allowing the case to proceed.

Question 6

Who must prosecute criminal action

Answer 6

ALL criminal actions Commenced by the filing of a complaint/information shall be prosecuted under the direction and control of the PROSECUTOR

[exc]

Question 7

SPEED READ ROUND 1

Answer 7

SPEED READ ROUDN 1

Question 8

what are the powers of a public prosecutor?

Answer 8

• determine prima facie evidence
• determine which conflicting testimony believe
• determine which witness to present in court
• determine what case to file and whom to prosecute

Question 9

To whom should you appeal the decision of the prosecutor?

Answer 9

Secretary of Justice
or in special cases Pres of Phil

Question 10

how is criminal action prosecuted in the MTC?

Answer 10

[GEN] public prosecutor if not around then

[EXC]
- offended party
- peace officer
- public officer charged with enforcement of the law violated

Question 11

Can the Offended Party intervene in the prosecution of the criminal action even if there is no civil liability?

victimless crimes - public intoxication, crimes against public order

Answer 11

Yes. The offended party, who has neither reserved, waived, nor instituted the civil action may intervene, and such right to intervene exists even when no civil liability is involved.
(Paul Lee v. Chin Lee citing Lim Tek Goan v. Yatco)

Question 12

When is a complaint or information deemed sufficient?
A complaint or information is sufficient if it states:

Answer 12

1. the name of the accused
2. the designation of the offense given by the statute
3. the acts or omissions complained of as constituting the
   offense
4. the name of the offended party
5. the approximate date of the commission of the offense
6. the place of the commission of the offense

Question 13

Requirements of the complaint when filing to the fiscal (4 years 2 mnths 1 day above) or to the MTC (less than above)

Answer 13

1. address of the respondent
2. accompanied by
   - affidavit of complainant
   - affidavit of complainant’s witnesses
   - other supporting docs
3. appropriate no. of copies, plus 2 copies for official file
4. affidavits should be subscribed and sworn before any
   - prosecutor
   - gov’t official authorized to administer oath
   - notary public if in their absence

Question 14

when can a complaint/information be substituted?

Answer 14

before final judgment at any time if it is to properly determine the crime if there was a mistake

or if the accused canNOT be convicted of the offense originally charged

Question 15

rules on substitution

Answer 15

Rules in substitution
1. No substitution if there is already a final judgment
2. No substitution if double jeopardy will attach.
3. No substitution if accused can be convicted of the crime charged
4. No substitution if the offense charged is necessarily include or necessarily includes the offense originally charged (e.g. homicide necessarily includes physical injuries and vice versa)

Question 16

exceptions in making an amendment to a plea where it downgrades the offense or drops an accused from the complaint/information

Answer 16

1. prosecutor motions for it
2. offended party will be notified
3. with leave of court
4. court states reasons for resolving/granting the motion
5. copies given to all parties especially the offended party

Question 17

what is the nature of PI? defend?

Answer 17

Cruz v. People 1994

PI is essentially a judicial inquiry because there is an opportunity to be heard, the production and weighing of evidence, and a decision based on such evidence.

The IO acts as a quasi-judicial officer

Question 18

PI vs PE vs CI

• preliminary investigation
• ” “ examination
• criminal investigation

Answer 18

[Authority]
PI - conducted by fiscal to determine won there is probable cause respondent is guilty

PE - conducted by judge to determine probable cause to issue a warrant of arrest

CI - conducted by law enforcement officers to determine won they should file complaint for PI
[Nature]
PI - executive
PE - judicial

Question 19

what is probable cause?

Answer 19

the existence of facts and circumstances that would lead a person with ordinary caution and prudence to entertain an honest and strong suspicion that the person charged of the crime is guilty of the investigation

Question 20

DIFFICULT
1. procedure in resolving a complaint when PE is ocnducted by a judge

Question 21

Should the investigating prosecutor find cause to hold the accused for trial, he shall prepare both the resolution and information. The information shall contain a certification.

Answer 21

1. that he is an authorized officer
2. that he personally examined the (a) complainant and his (b) witness
3. that there is a reasonable ground to believe that a crime has been committed
4. that the accused is probably guilty thereof
5. accused was informed of the complaint and evidence against him.
6. accused was given opportunity to submit his counter-affidavit

Question 22

what are the action of the judge upon filing of complaint or information?

Answer 22

1. within 10 c.days from the receipt of the filing of the information/complaint, the judge shall personally evaluate the resolution of the fiscal by looking at its supporting evidence (r112 RoC)
2. after evaluating the resolution of the fiscal, the judge may find won there is:
   - establish probable cause
   - fails to establish probable cause
   - engenders a doubt on the existence of probable cause
3. if no probable cause, then the judge shall dismiss the case henceforth
4. if there is probable cause, the judge will issue a warrant of arrest or commitment order as the case may be
5. if there is doubt as to the probable cause, the judge shall order the fiscal 5 c.days to submit additional evidence. The issue must be resolved by the court within 30 c.days FROM THE FILING OF THE COMPLAINT OR INFORMATION

Question 23

When is warrant of arrest NOT necessary?

Answer 23

1. when accused is already detained
2. lawful warrantless arrest by virtue of (r113):
   - in flagrante delicto
   - hot pursuit
   - arrest of escapee
3. when penalty is a fine.

Question 24

how to appeal to the office of the president?

Answer 24

• only for administrative appeal

1. offense involves is punishable by reclusion perpetua to death
2. new and material issues are raised which were not presented in the DOJ and thus were not ruled upon
3. prescription of offense is NOT about to lapse w/in six (6) months from notice of the questioned resolution
4. appeal or petition for review must be within 30 c.days from notice

Question 25

knowledge check: how is due process satisfied in criminal proceedings? (elements)

Answer 25

1. the court trying the case is properly clothed with judicial power to hear and determine the matter
2. JD over the person of the accused is acquired
3. accused is given enough time to be herad
4. judgment is rendered upon lawful hearing

Question 25

remedies when aggrieved with the decision of the prosecutor?

Answer 25

1. motion for recon in prosecutor’s office
2. if denied, petition for review to the DOJ/ Office of the Pres as the case may be

Question 26

aggrieved by the resolution of the fiscal, but it has now been filed in court, what is the perosn’s remedies?

Answer 26

1. motion to dismiss filed in court
2. if denied, motion for reinvestigation