Rule 110 Flashcards
Criminal actions shall be instituted as follows:
By (1) preliminary investigation and (2) filing of complaint or information
(a) For offenses where a preliminary investigation is required pursuant to
section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
(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 with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.
The institution of the criminal action shall interrupt ___________ of the offense charged unless otherwise provided in special laws. (1a)
the running period of prescription
The complaint or information shall be ____________.
in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
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. (3)
An information is an
accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (4a)
Who must prosecute criminal actions
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. EXPN: Crimes de Officio
The crimes of adultery and concubinage shall not be prosecuted except
upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except
upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.
No criminal action for _________ which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. (5a)
defamation
A complaint or information is sufficient if
it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.
When an offense is committed by more than one person,
all of them shall be included in the complaint or information.
Name of the accused
The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.
Designation of the offense
The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (8a)