Rule 110 - Prosecution of Offenses (Jan 27) Flashcards
How is criminal action instituted?
Cases Requiring Preliminary Investigation
- file complaint w proper officer to conduct such
Cases NOT requiring preliminary investigation
- file complaint or information w/ MTC, etc
-file complaint w/ prosecutor
Cases where Arrested w/o warrant
- Inquest (Sec 6, Rule 112)
What is the effect insofar as prescriptive period is concerned when a complaint or information with the proper officer is filed?
LB
it interrupts the prescriptive period of the crime
RPC & SPL
only the filing of the information in court interrupts the period
LB
Ordinances
Jadwell v Lidua
What are the elements of a complaint or information
- it must be in writing’
- in the name of the pp. (City of Manila v. Rizal)
- against all person who appear to be responsible
Criminal prosecution is NOT subject to ________ [a]
define [b]
injunction - in ordinary circumstances, the court would not issue an injunction to stop or interfere with the investigative processes conducted by authorities.
What is a complaint?
s3 r110
- sworn written statement
- charging a person with an offense
- subscribed by the
a. offended party,
b. any peace officer, or
c. other public officer charged with the enforcement of the law violated
note: must be sworn statement
subscribe - formally signed
what is an information?
s4 r110
- accusation in writing
- charging a person with an offense
- subscribed by the prosecutor and
- filed with the court
note: not required to be sworn
Where is a complaint filed?
[court]
- direct filing
- private offenses
[agency/office for investigation]
- public prosecutor
- ombudsman
can an information be valid without the prosecutor’s signature?
LB
No, the prosecutor must have the authority to sign the information and absent of such is a fatal defect
Cudia v CA
who must prosecute criminal action?
Under the direction and control of a public prosecutor:
- Private prosecutor; heavy workload of the public
prosecutor
Offended Spouse, complaint
- Adultery and concubinage
Offended party, complaint
- Seduction, Abduction and Acts of Lasciviousness
Under the direction and control of the public prosecutor, it includes what powers and discretion?
power and discretion to:
- determine probable cause
- decide which testimony to be believe
- decide which witness to present in court
However, is not absolute as in the case of Chua v. Padillo
Explain the case of Valderrama insofar as being under the direction & control of the PP is concerned
lack of conformity of the PP to a motion for reconsideration filed by the privateP is fatal
Valderrama v. Pp
When is an instance where the PrivateP is authorized even when PP is absent?
- authorization must be in writing
- in case of heavy workload of the PP
- authority is until the end of trial
what is the effect once the information is filed in court insofar as a PP is concerned?
LB
the control of the PP is not subject to the authority of the court.
- Crespo vs Mogul, GR No. L-53373, 30 Jun 1987
- Sta. Rosa vs Zabala, GR No. L-44723, 31 Aug 1987
- SSS vs Seno, GR No. 183478, 10 Feb 2020
[gpt]
Once the information is filed in court, the court takes jurisdiction over the case. The court has the authority to review, hear, and decide on matters related to the case.
The public prosecutor’s role shifts from sole decision-maker to a party presenting the case before the court.
Once a criminal case is elevated to either the Court of Appeals or Supreme Court, the State should be represented by the___________
LB
Office of the Solicitor General
- Salazar vs Romaquin, GR No. 151068, 21 May 2004
- Golangco vs Fung, GR No. 157952, 8 Sept 2009
Private Offended Party
- Interest is in the enforcement of civil liability arising from the crime
- Deportation proceedings; no private offended party
Lao Gi vs CA
Cannot intervene if:
-Waiver;
-Reservation;
-Has instituted ahead
if Criminal Juan is acquitted, who can appeal?
As a rule, in case of dismissal or acquittal only the State may appeal through the Solicitor General
However, the private offended party may file a special civil action on jurisdictional grounds and the action need not be in the name of the People but in the name of the party.
- Pp vs Santiago, GR No. 80778, 20 Jun 1989
- Yokohama vs Reyes, GR No. 236686, 5 Feb 2020
general rule on prosecuting private offense
LB
it must be prosecuted by complaint otherwise the defect is fatal;
pp v Barrientos
pp v. Ilarde
Can a private offended party appeal from an order of dismissal on motion of fiscal
No.
pp v. Liggayu
In offenses of Adultery & Concunbinage, who will prosecute (initiate) the case?
- by the offended spouse
- both husband/wife & paramour must be charged
LECTURE - JAN 27
LECTURE - JAN 27
When to question sufficiency
- objections relating to the form of the complaint or information cannot be made for the first time on appeal.
- he should have moved BEFORE arraignment either for a bill of particular
or for the quashal of the Information
(People v. Teodoro y Vallejo)
slide 30
In offenses of Seduction, Acts of Lasciviousness, Abduction (SAAL), who will prosecute (initiate) the case?
LB
Offended party, Parents, Grandparents, Guardian, Or State (In that order)
*Benga-oras v. Evangelista
how to write the name of the accused?
- Name & Surname
- appellation or nickname (alyas, aka)
- describe under fictitious name (unknown)
note: True name once ascertained may be inserted in the information/complaint. A mere formal amendment.
what must the accused do if there is a defect in the name?
Accused must raise the issue BEFORE arraignment by filing a motion to quash for lack of jurisdiction over the person of the accused otherwise he is deemed to have waived any objection thereto.
*pp v. Padica y Lorica**
In the offense of defamation imputing private offense who will prosecute (initiate) the case?
LB
offended party
pp v. padilla
gonzales v. arcilla
you park car and clamp, city ordinance of 1500.
the city forced to file criminal case against you. how long does the city have before the offense prescribe
- prescribes in four years
- from the commission/ when it was discovered
for high ranking officials like BIR being investigated of the office of the Ombudsman.
one of the four, is willing ot testify against the other three.
now the OoO will file a criminal case of the first three. Then the three claimed that the ‘must include all against’
Is the Ombudsman correct of having the one of the four being the state witness ?
No, the Ombudsman is incorrect
Test of sufficiency for an information
The purpose of the requirement for the information’s validity and sufficiency is
- to enable the accused to suitably prepare for his defense,
since he is presumed to have no independent knowledge of the facts that constitute the offense.(People v. Cinco y Soyosa)
how will the OoO grant immunity of the one who helped.
when
4 being charge with murder, filed w/ city prosecutor’s office, during preliminary investigation, the investigating officer discovered the 4th person is NOT the most guilty and is willing to testify against the three other respondents
Evidence against the three is NOT very strong.
It would be stronger if we have one of the accused as a state witness
should the 4th being charged to use him as a state witness and.
Is the PP correct?
When do you stop counting?
Upon the filing of the case in court, the prescription is interrupted.
Would it be different if the violation of was Traffic Law(National Law) and a City Ordinance
City Ordinance violation, how should it be named
city of cebu v so and so on
pp v so and so on
main difference between complaint and information
city prosecutor has already filed a case to the courtrs of murder. information is now pending in the courts HOWEVER the accused, before it was filed, filed a petitiotn wit the DOJ for the reversal of the resolution
In the mean time, there was no restraining order, the city prosecutor filed a petition for murder.
So he has a pending
while the case is pending, the DOJ actually reversed the findings of the city prosecutor “withdraw your information from the court’ says DOJ.
City prosecutor filed a motion to withdraw the information
Can the Judge Deny that Motion?
Crespo v. Mogul
Once a criminal complaint or information is filed in court, any disposition of the case or dismissal or acquittal or conviction of the accused rests within the exclusive jurisdiction, competence, and discretion of the trial court
Let’s say Judge will deny the motion and continue to prosecute the case.
who has the authority to control the proceedings in this case? Prosecutor or Court over the criminal action?
LECTURE
LECTURE
only public prosecutor can file information in urban cities
in provinces, chief of police will file the complaint directly to the court
another filing, you file a complaint to the police, when they investigate and find enough will then file a complaint
forms of complaint
to the court
to the law enforcement agency (NBI, police)
to investigative agency (PP, OoO)
information
- filed only in court
- filed only by public officials to do so
violatoin of national law or city ordinance, it will be entitled
ALWAYS people of the Philippines v. so and so on
if you violate a barangay protection order, a complaint for a violation of a barangay protection should be filed directly to the trial courts in city.
penalty, 30 days imprisonment
is this a penal provision?
the portino that says ‘file directly to the MCTC’ because you have to file it to the prosecutor
BUT
if it’s violation of BPO - then go directly
if violation of FAMILY COURT - then file in prosecutor
Complaints that are filed in court either because
- filing a case involving a private offense
- not in a highly urbanized city and cognizable in the MTC
Jadwell v Ladua, did the violation prescribe.
issue was from the words used by the law.
in RPC, it starts ‘upon discvoery of offense and interrupted upon the filing of compalint/information
others, at discovery of offense and interrupted at the institution of judicial proceedings
like SPL, prscripvtive period starts upon the filing of the courts and NOT on the prosecutor’s office
the SC clarified saying ‘those were the words used bc during first level judges and the power to conduct preliinar investigation. ‘ so you can file a compalint and require that judge a P.I. (not in a highly urbanized) BUT was removed
HERE’S THE CLARIFICATION
for violations of the RPC & SPL without their own prescriptive period
1. discovery of offense
2. filing of the office who will conduct the p.i. (public prosector)
HOWEVER
3. in cases of ordinances, it’s only interrupted UPON THE FILING OF THE COURTS
Jadwell v. Ladua
ir’ nor wnirtely calirified
IF CASE IS COVERED BY SUMMARY PROCEUDRE
- itwill be interuppted when filed in court (just like ordinance)
wwhat if case punished by SPL and covered by Summary Proceudre
file in court? file in PP?
example bouncing check law
some cases file it PP because its SPL (but these are old cases befoer the amendment of it now being a summary procedure)
during P.I. the I.Officer, must file the case against ALL who appear responsible.
That is in the discretionary powers of the I.O. which is not susptebiile from injunction, mandamus since he’s using his discretion
But if his discretion is abuse
grave abuse of discretion amointing to lack of JD or excess JD
regularity of the performance of public functions.
lets say juan says that the police planted drugs in his car
would innocence of the accused prevail than regularity of the performance of public functions?
SC says, regularity only arises if ther eis no doubt, no question, no controversy regarding the perforamnce of public function. IT IS NOT A CONSITUTTIONAL RIGHT
grant immunity to prspecitve state itnesses, then this person is excluded from the information which are the paraemtss
- not the most guilty
- testimony is asbolute necessary
- there is no other way to get that information
how to get state witness
- file a case to everyone
- then during trial, file a motion to discharge the accuse to be a state witness
knowledge check: where of you stay in cebu for a non-bailable offense
right across cebu city jail is the provincial jail.
CC Jail is run by BJMP
CC provincial by Provincial gov’t
it’s the court who decides. court examines testimony and meets requirements of
court then says you will discharage. but if it would be denied
lets say you are discharges as a state witness ; your case is dismissed, you will be consdiered such until the
termination fo the trial.
under the DOJ, they have a witness protection program
after the trial
prosecutors has control over preliminary investigation cannot be subject ot injunction, mandamus
ONCE it’s filed in court, it is now under the authority and control by the court over the case
if case in the MTC, and accused is convicted and APPEALS, where to?
can the state appeal in an acquittal
RTC
bail can be rightfull withheld from members of the military facing articles of war violation
difference JD v custody of the law
COL
- you’ve been arrested or you surrender
- purposes for bail, bail is a right under the COL
you can be under the COL even without being JD
FEB 3 LECTURE
FEB 3 LECTURE
difference between adultery & concubinage?
adultery - committed by married WOman
concubinage - committed by man
if you were the atty to charge the wife with the crime of adultery.
Or how do you start of the prosecution?
- **complaint* which is signed by the offended husband
what if wife files motion to quash since it should be initiated by a complaint and NOT an information
why use of COMPLAINT rather than the use of INFORMATION?
if NOT legal age, or MINOR, does not want to file for a rape, then the parents, grandparents, guardians or the State will file.
if legal age is the child, then if she doesn’t initiate then there would be no information
mistake in the name v mistake in the identity
fatally defective if identify is mistaken
is it important to have the owner’s name in robbery/theft?
not necessarily so long as it involves the personal property of the other
how about a case of parricide, is name needed?
yes, it is crucial
we can convict a person of murder EVEN IF it was homicide
you cannot convict a person for a more seroius person than that which is charged with BUT the opposite can happen (murder to homicide)
