Rule 110 Prosecution Of Offenses Flashcards
What is criminal action
Under Rule 1, sec 3 - criminal action is defines as one by which the State prosecutes a person for an act or omission punishable by law
How criminal action is institution
It depends on where is it filed?
> if it is filed outside Metro Manila
> if it is filed inside Metro Manila and other chartered cities
How are criminal actions instituted if it is outside Manila?
Define the two ways depending on the penalty prescribed.
It is institution in two ways:
- (421) Section 1 of Rule 112
If the penalty prescribed by law is at least 4 years, 2 months, 1 day without regard to the fine, the PI is required to be conducted before the filing if information or complaints for an offense
If PI is required, section 1 - file the complaint with the proper officer for the purpose of conducting the requisite of preliminary investigation.
- If the penalty prescribed is less than 4,2,1 - there are also two ways
- direct filing with the MTC or MTCT
- direct filing with the office of the prosecutor
How is criminal action instituted in the metro manila and other charted city
Hint: 1 way
There is only one way, that is the complaint must be filed with the OFFICE OF THE PROSECUTOR unless otherwise provided in their charters
Last paragraph of section 1 talks about…
Hint: effect of institution of the criminal action
Effect of institution
Interrupt the running period of the prescription of the offense charged unless otherwise provided in special laws
T/F filing of case in court interrupt the prescription
FALSE, it is the institution of criminal action, so kahit nasa prosecution it can already interrup
What are the general requirements in the complaint or information?
- It should be in writing
- In the name of the people of the philippines
- plaintiff is POTP - Against all persons who appear to be responsible for the offense involved
What is required in the preliminary investigation?
Complaint Affidavit - it is filed in the prosecutor level for purposes of prelim inv
What is called in the filing to commence the criminal prosecution? In
Complaint, iba yung nasa prosecution kasi complaint affidavit yun
What is the definition of complaint under section 3?
It is a sworn written statement charging a person with an offense, subscribed by the
- offended party
- any peace office
- other public officer with the enforcement if the law violated
What is the definition of Information? Under section 4.
Starts with “A……”
Subscribed by…?
And filed where?
Tapos na dapat ang?
It is an accusation in writing charging a person with an offense
Subscribed by the prosecutor
And filed with the court
“Tapos na ang PI”
Recall the difference of sec 3, sec 4
Difference is the signing authority… sec 3 can be subscribed by the offended party, peace officer and public officer in charged with the enforcement of the law violated..while section 4 is subscribed only by the prosecutor and information should be filed with the court, which is not in the case of complaint
Who must prosecute in a criminal action? Section 5?
Who else should try?
The fiscal or the public prosecutor tries the criminal cases, with the exemption that the private prosecutor may also try the case.
What else section 5 talks about?
Private Crimes
What are the private crimes? Where article is it tackled
Adultery
Concubinage
Seduction
Abduction
Acts of lasciviousness
Under RPC article 344 - the substantial law
Section 5, rule 110 - prosecutor
Defamation
Special laws
Who is the public prosecutor or fiscal?
Employer is the govt, under the DOJ, under the executive branch..
What is the mandate of the DOJ?
The DOJ is govt principal law agency serving as the govt prosecution arm and administering the govt justice system by investigating crimes, prosecuting offenders, and overseeing the correctional system.
Formal sentence who shall prosecute criminal actions… begin with “all criminal actions…
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor
Who is the plaintiff in the criminal case? Who is not?
The offended party is not the plaintiff…. Plaintiff is the POTP represented by the public prosecutor…
Who is a private prosecutor and their role? Kelan sila pwedeng maging bida?
A lawyer hired by the offended party with role of supporting the public prosecutor.
Bida in case
- Heavy work schedule of the PupRo
- In the event of lack of PuPro, pwede na si PrivPru
- Authorized in written and approved by the court
There must be a written authority, it must be approved by the court..
What is the extent of the job of the public prosec?
Until end of the trial even in the absence of a public prosecutor unless otherwise authority is revoked
If absent si fiscal then what will the judge do?
Reset the hearing kahit presence yung lawyer ng accused at offended party
But if the private prosec has an authority, and approved by the court - proceed
Where is the control in the private crimes?
The control is on the offended party, the injured person.
What is in article 344 of RPC?
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the OFFENDED SPOUSE
In art 344, how is a private criminal crime instituted?
Offended party includes:
Guilty parties
If both alive,
If he shall have consented or pardoned the offenders
When is the complaint or information sufficient? Hint: 6, use offense” words
If it states the enumeration:
- Name of the accused
- Designation of the offense given by the statute
- Acts or omission complained of as constituting the offense
- Name of the offended party
- ApProximate date of the commission of the offense
- Place where the offense was committed
Section 7. Name of the Offense filed in the complaint, allowed names, what if it is not ascertained…what happens when the true name is exposed?
State in order
State the name and surname
Or by appellation or nickname by which he has been known…
If not certained, he must be described under a FICTITIOUS name with the statement that his unknown
if the true name is exposed then, it will be inserted in the complaint or information and record
What is the requirement in the designation of the offense?
RPC?
Pano ang designation ng special laws? Give the section - causing physical harm to the woman or her child
Give the THREE
If nakapatay - 248 (murder), 249 (homicide) no problem in RPC
Special laws - if no designation of the offense, then a reference shall be made to the section or subsection..
Eg violation against anti-violence against women and children or SECTION 5(a) of RA 9262
- Aver the acts or omissions constituting the offense
- Specify its qualifying and aggravating circumstances
What are the reqts Acts or omissions complained of constituting the offense? Give 2… hint: stating it in an ______ and _______
- State it in an ordinary and concise language
- Enable a person of common understanding to know what offense is being charged
As well as the aggravating
What are the example of acts or omissions?
It is a cause of action
In civil case, ordinary civil action must be based on a cause of action
What is a cause of action means.?
Act or omission by which a party violates a right of another…
Why do we need to put the place of commission in the complaint?
To show the territorial jurisdiction of the court in relation to section 15 where the criminal action shall be tried in the court or municipality or territory..
In criminal case - venue is jurisdictional
State in the case of BP 22 where it is transitory or continuing crimes… it can be filed in any of the places where any of the elements of the offense occured
Where it is:
Drawn
Issued
Delivered
Dishonored
Pwede magkaroon ang isa sa mga lugar jan…
What is the exemption in the place where it is committed?
Unless the particular place where it was committed…. If it constitutes an essential element of the offense or is necessary for its identification…
Particularity
Why is it said approximate time of the commission of the offense not the exact date?
Acceptable except when it is a
MATERial INGREDIENT OF THE OFFENSE, then state the date
Eg ELECTION DATE
as near as possible
Requirement in the name of the offended party,
If unknown, then state the p______y
If disclosed, then i_____ in the record
First name surname
Appellation
Fictitious name
What is the rule when the offended party is a juridical person? It is sufficient to…
State its name, any name or designation by which it is known
Without need of everring that it is a corporation partnership or it is organized in accdance with law?
What if the requirements are not complete in the complaint or information? What actions can the accused party do?
Hint; adje of “substantially”
Rule 117 the accused may move to quash the complaint or information on the following grounds:
- (e) that it does not conform substantially to the prescribed form;
When can a motion to quash be filed?
Before entering the plea…
What if the there is a defect in the complaint? Hindi malinaw yung act or omission? What is the remedy of the accused?
Pero kung ikaw ang lawyer ano yung ifa-file mo? Xmpre motion to quashzzz
What is the point of reference is before…..
Rule 116. The accused may file a BILL of PARTICULAR to enable him properly to plead and prepare for the trial..
File a motion to quash before arraignment..
