Week 5 - Prosecution of Criminal & Civil Aspects of Offense and Application for PRovisional Remedies (Provisions)

Question 1

Art. III Sec. 14 (2). Constitution

Answer 1

Art. III Sec. 14 (2) Constitution. – (2) I A C P, T A S B P I U T C I P, A S E T R T B H B H A C, T B I O T N A C O T A A H, T H A S, I, A P T, TO M T W F T F, A T H C P T S T A O W A T P O E I H B. H, A A, T M P N T A O T A: P, T H H B D N A H F T A I U.

Question 2

What the rights of the accused under Section 14(2) of the Constitution?

Answer 2

• To be presumed innocent until the contrary is proved;
• right to be heard by himself and his counsel;
• to be informed of the nature and cause of the accusation against him;
• to have a speedy, impartial, and public trial;
• to meet the witnesses face to face; and
• to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.

Question 3

When may trial proceed notwithstanding the absence of the accused?

Answer 3

After arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Question 4

Art. III. Sec. 14 (1) Constitution. – (1) No person shall be held to answer for a criminal offense […].

Answer 4

Art. III. Sec. 14 (1) Constitution. – (1) No person shall be held to answer for a criminal offense without due process of law.

Question 5

Rule 110. Section 1. Institution of criminal actions. Criminal actions may be instituted as follows –

(a) […]
(b) […].

The institution of criminal action […].

Answer 5

Rule 110. Section 1. Institution of criminal actions. – C A S B I A F:

(a) F O W A P I I R P T S 1 O R 112, B F T C W T P O F T P O C T R P I.
(b) F A O O, B F T C O I D W T M T C A M C T C, O T C W T O O T P. I M A O C C, T C S B F W T O O T P U O P I T C.

T I O T C A S I T P O P O T O C U O P I S L.

Question 6

How is criminal action instituted for crimes/offenses where a preliminary investigation is required?

Answer 6

by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (Sec. 1 Rule 110)

Question 7

How is criminal action instituted in offenses where no preliminary investigation is required?

Answer 7

General rule: By filing complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.

Exception: Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

Question 8

Under whose control and direction shall criminal actions commenced by a complaint or information be?

Answer 8

By the prosecutor.

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

Question 9

When may the private prosecutor be authorized to prosecute? Who will authorize the private prosecutor?

Answer 9

The private prosecutor may be authorized when:

• in case of heavy work schedule of the public prosecutor; or
• In the event of lack of public prosecutor

The private prosecutor will be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court.

Question 10

What is the obligation of the private prosecutor once he has been authorized to prosecute the criminal action?

Answer 10

Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.

Question 11

Offenses which can only be prosecuted upon the complaint by the offended spouse?

Answer 11

Crimes of adultery and concubinage.

Question 12

Offenses which can only be prosecuted upon complain of the offended party or her parents, grandparents, or guardian:

Answer 12

• Seduction;
• Abduction; and
  
  • Acts of lasciviousness.

Question 13

Who has to file a complaint in order to institute prosecution for the crime of adultery and/or concubinage?

Answer 13

Offended spouse (Rule 110 Sec 5)

Question 14

Who has to file a complain in order to institute prosecution for crimes of seduction, abduction, and acts of lasciviousness?

Answer 14

• offended party;
• her parents;
• grandparents or guardians

Question 15

What circumstances bar the prosecution of crimes of adultery, concubinage, seduction, abduction and acts of lasciviousness?

Answer 15

• When the other guilty party is not included;
• When the complaint is instituted by a person other than the offended spouse, offended party, parents of the offended party, grandparents of the offended party, guardian of the offended party
• When the offended party has pardoned any of the offenders

(Sec 5 Rule 110)

Question 16

When can the State prosecute the crime of seduction, abduction and acts of lasciviousness?

Answer 16

When the offended party dies or becomes incapacitated before she can file the complaint and she has no known parents, grandparents or guardian.

Question 17

Can the offended party who is a minor institute the prosecution of the offenses of seduction, abduction and acts of lasciviousness on her own?

Answer 17

Yes.

General Rule: The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian.

Exception: Unless she is incompetent or incapable of doing so.

Question 18

What is the order of filing of complaint on behalf of a minor who fails to file the complaint?

Answer 18

1. parents;
2. grandparents;
3. guardian.

Question 19

No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except […].

Answer 19

No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party.

Question 20

What is the general as to where the action is to be instituted?

Answer 20

General rule: Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. (Sec. 15 a Rule 110)

Question 21

Where will the action be instituted if the offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip?

Answer 21

Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where said train, aircraft, or other vehicle passed during its trip, including the place of departure and arrival. (Sec. 15 b Rule 110)

Question 22

Where will the action be instituted when the offense is committed on board a vessel in the course of its voyage?

Answer 22

Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (Sec 15 c Rule 110)

Question 23

Where will crimes committed outside the Philippines be tried? given that the crime is punishable under Article 2 of the RPC?

Answer 23

Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. (Sec 15 d Rule 110)

Question 24

Rule 110 Sec. 2 The complaint or information. –

Answer 24

Rule 110 Sec. 2. The complaint or information. – 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.

Question 25

Rule 110 Sec. 2 The complaint or information. –

Answer 25

Rule 110 Sec. 2. The complaint or information. – T C O I S B I W, I T N O T P O T P A A A P W A T B R F T O I.

Question 26

Rule 110 Sec. 3. Complaint defined.–

Answer 26

Rule 110. Sec. 3. Complaint defined. – A C I A S W S C A P W A O, S B T O P, A P O, O O P O C W T E O T L V.

Question 27

Rule 110 Sec. 4. Information defined. –

Answer 27

Rule 110. Sec. 4. Information defined. – A I I A A I W C A P W A O, S B T P A F W T C.

Question 28

Rule 110. Sec. 8. Designation of the offense. –

Answer 28

Rule 110. Sec. 8. Designation of the offense. – T C O I S S T D O T O G B T S, A T A O O C T O, A S I Q A A C. I T I N D O T O, R S B M T T S O S O T S P I.

Question 29

When will separate civil actions be suspended/ barred from being instituted?

Answer 29

• After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.
• When the criminal action is filed after the said civil action has already been instituted.
  
  • When there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.

Question 30

Rule 110. Sec. 6. Suspension by reason of prejudicial question. –

Answer 30

Rule 110. Sec. 6. Suspension by reason of prejudicial question. – A P F S O T C A B U T P O A P Q I A C A M B F I T O O T P O T C C T P I. W T C A H B F I C F T, T P T S S B F I T S C A A A T B T P R.

Question 31

Rule 110. Sec. 7. Elements of prejudicial question. –

Answer 31

Rule 110. Sec. 7. Elements of prejudicial question. – T E O A P Q A: (a) T P I C A I A I S O I R T T I R I T S C A, A (b) T R O S I D W O N T C A M P.