Week 7 - Preliminary Investigation and Inquest Part 2

Question 1

Rule 110. Sec. 2. The complaint or information. – The complaint or information shall be in […].

Answer 1

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 2

Rule 110. Sec. 3. Complaint defined. – A complaint is a […] charging a person with an offense, […], charged with the […].

Answer 2

Rule 110. Sec. 3. Complaint defined. – 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.

Question 3

Rule 110. Sec. 4. Information defined. – An information is an […], subscribed by […] and […].

Answer 3

Rule 110. Sec. 4. Information defined. – An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

Question 4

What is the form of the complaint or the information?

Answer 4

The complaint or information shall be/ must be:

• In writing (Rule 110 Sec. 2);
• In the name of the People of the Philippines (Rule 110 Sec. 2); and
• Against all persons who appear to be responsible for the offense involved (Rule 110 Sec. 2);
• State the name and surname, appellation or nickname, or description of the accused. (Rule 110 Sec. 7);
• State the name and surname, appellation or nickname, or description of the offended party or of the property (in cases of offenses against property), or the juridical person. (Rule 110 Sec. 12);
• State the designation of the offense given by the statute, its acts or omission, or the section or subsection of the statute punishing the offense (Rule 110 Sec. 8);
• Specify its qualifying and aggravating circumstances (if any) (Rule 110 Sec. 8);

Question 5

In whose name shall the complaint or information be?

Answer 5

In the name of the People of the Philippines (Sec. 2. Rule 110)

Question 6

Against whom shall the complaint or information be directed?

Answer 6

Against all persons who appear to be responsible for the offense involved. (Sec. 2 Rule 110)

Question 7

What is a complaint?

Answer 7

The form of the complaint shall be:

• Written statement;
• Charging a person with an offense;
• Subscribed by the offended party, any peace officer, or other officer charged with the enforcement of the law violated. (Rule 110 Sec. 2)

Question 8

Who subscribes the Information?

Answer 8

The information is subscribed by the prosecutor and filed with the court. (Sec. 4 Rule 110).

Question 9

Does an information require to be both subscribed and sworn?

Answer 9

No. An Information only needs to be subscribed by the prosecutor. There is no need to have it sworn to; only the complaint is required to be sworn to by the offended party, any peace officer, or other public officer. (Sec. 3 and 4, Rule 110)

Question 10

Rule 110. Sec. 7. Name of the accused. – The complaint or information must state the […] or any […]. If his name cannot be ascertained, […].

Answer 10

Rule 110. Sec. 7. 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.

Question 11

Rule 110. Sec. 7 par. 2. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, […].

Answer 11

Rule 110. Sec. 7 par. 2. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record.

Question 12

Rule 110. Sec. 12. par. 1. Name of the offended party. – The complaint or information must state […], or any […]. If there is no better way of identifying him, […].

Answer 12

Rule 110. Sec. 12. par. 1. Name of the offended party. – The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.

Question 13

Rule 110. Sec. 12. (a). Name of the offended party. – (xxx xxx) In offenses against property, if the name of the offended party is unknown, […].

Answer 13

Rule 110. Sec. 12. (a). Name of the offended party. – (xxx xxx) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.

Question 14

Rule 110. Sec. 12. (b). Name of the offended party. – (xxx xxx) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained […].

Answer 14

Rule 110. Sec. 12. (b). Name of the offended party. – (xxx xxx) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained the court must cause such true name to be inserted in the complaint or information and the record.

Question 15

Rule 110. Sec. 12. (c). Name of the offended party. – (xxx xxx) If the offended party is a juridical person, it is sufficient to […], or […] or […], without need of […].

Answer 15

Rule 110. Sec. 12. (c). Name of the offended party. – (xxx xxx) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law.

Question 16

Rule 110. Sec. 8. Designation of the offense. – The complaint or information shall state […], aver the […], and specify […]. If there is no designation of the offense, […].

Answer 16

Rule 110. Sec. 8. 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.

Question 17

Rule 110. Sec. 9. Cause of the accusation. – The acts or omission complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in […] and not necessarily in the language used in the statute but in terms […] as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

Answer 17

Rule 110. Sec. 9. Cause of the accusation. – The acts or omission complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

Question 18

Rule 110. Sec. 10. Place of commission of the offense. – The complaint or information is sufficient if it can be […], unless the particular place where it was committed constitutes an […] or is necessary for its identification.

Answer 18

Rule 110. Sec. 10. Place of commission of the offense. – The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification.

Question 19

Rule 110. Sec. 11. Date of commission of the offense. – It is not necessary to state in the complaint or information the precise date the offense was committed except […]. The offense may be alleged to have been committed on a date […].

Answer 19

Rule 110. Sec. 11. Date of commission of the offense. – It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

Question 20

Rule 110. Sec. 14. Amendment or substitution. – A complaint or information may be amended, […], […], at […]. After the plea and during the trial, a formal amendment may only be made […] and […].

Answer 20

Rule 110. Sec. 14. Amendment or substitution. – A complaint or information may be amended, in any form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.

Question 21

Rule 110. Sec. 13. Duplicity of the offense. – A complaint or information must charge only one offense, except […].

Answer 21

Rule 110. Sec. 13. Duplicity of the offense. – A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses.

Question 22

Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not […] or the legality […], or from […], provided that […]. The court shall resolve the matter […].

Answer 22

Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.

Question 23

Rule 117. Sec. 1. Time to move to quash. – […], the accused may […].

Answer 23

Rule 117. Sec. 1. Time to move to quash. – At any time before entering his plea, the accused may move to quash the complaint or information.

Question 24

Rule 117. Sec. 2. Form and contents. – The motion to quash shall be i_ w____, s___ b_ t__ a_____ o_ h__ c______ and shall […]. The court shall consider no ground […], except […].

Answer 24

Rule 117. Sec. 2. Form and contents. – The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged.

Question 25

Rule 117. Sec. 3. *Grounds.* – The accused may move to quash the complaint or information on any of the following grounds: (a) That the facts […]; (b) That the court trying the case […]; (c) That the court trying the case […]; (d) That the officer […]; (e) That it [*information*] […]; (f) That more than one offense […]; (g) That the criminal action […]; (h) That it contains […]; and (i) That the accused has been […].

Answer 25

Rule 117. Sec. 3. *Grounds.* – The accused may move to quash the complaint or information on any of the following grounds: (a) That the **facts charged do not constitute an offense**; (b) That the court trying the case **has no jurisdiction over the offense charged**; (c) That the court trying the case **has no jurisdiction over the person of the accused**; (d) That the officer **who filed the information had no authority to do so**; (e) That it [*information*] **does not conform substantially to the prescribed form**; (f) That more than one offense **is charged except when a single punishment for various offenses is prescribed by law**; (g) That the criminal action **or liability has been extinguished**; (h) That it contains **averments, which if true, would constitute a legal excuse or justification**; and (i) That the accused has been **previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent**.

Question 26

Rule 117. Sec. 4. *Amendment of complaint or information.* – If the motion to quash is […] which can be cured by amendment, the court shall […]. If it is based on the ground that the facts charged […], the prosecution shall […]. The motion shall be granted […], or […].

Answer 26

Rule 117. Sec. 4. *Amendment of complaint or information.* – If the motion to quash is **based on an alleged defect of the complaint or information** which can be cured by amendment, the court shall **order that an amendment be made**. If it is based on the ground that the facts charged **do not constitute an offense**, the prosecution shall **be given by the court an opportunity to correct the defect by amendment**. The motion shall be granted **if the prosecution fails to make the amendment**, or **the complaint or information still suffers from the same defect despite the amendment**.

Question 27

Rule 117. Sec. 5. *Effect of sustaining the motion to quash.* – If the motion to quash is sustained, […] except […]. If the order is made, the accused, if in custody, [..], the accused, if in custody, shall be discharged unless […].

Answer 27

Rule 117. Sec. 5. *Effect of sustaining the motion to quash.* – If the motion to quash is sustained, **the court may order that another complaint or information be filed** except **as provided in Section 6 of this rule**. If the order is made, the accused, if in custody, **shall not be discharged unless admitted to bail**. If **no order is made or if having been made, no new information is filed within the time specified in the order or within such further time as the court may allow for good cause,** the accused, if in custody, shall be discharged unless **he is also in custody for another charge**.

Question 28

Rule 117. Sec. 6. *Order sustaining the motion to quash not a bar to another prosecution; exception.* – An […] is not a bar to another prosecution […] unless […].

Answer 28

Rule 117. Sec. 6. *Order sustaining the motion to quash not a bar to another prosecution; exception.* – An **order sustaining the motion to quash** is not a bar to another prosecution **for the same offense** unless **the motion was based on the grounds specified in Section 3(g) and (i) of this Rule**.

Question 29

Rule 119. Sec. 19. *When mistake has been made in charging the proper offense.* – When it becomes manifest at any time before judgment that […] and the accused […], the accused shall not […]. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information.

Answer 29

Rule 119. Sec. 19. *When mistake has been made in charging the proper offense.* – When it becomes manifest at any time before judgment that **a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein**, the accused shall not **be discharged if there appears good cause to detain him**. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information.

Question 30

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 3. Period to appeal. The appeal shall be taken within […], or of the […] if one has been filed within fifteen (15) days from receipt of the assailed resolution. Only one motion […].

Answer 30

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 3. Period to appeal. The appeal shall be taken within **fifteen (15) days from receipt of the resolution**, or of the **denial of the motion for reconsideration/reinvestigation** if one has been filed within fifteen (15) days from receipt of the assailed resolution. Only one motion **for reconsideration shall be allowed**.

Question 31

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 4. How appeal taken. An aggrieved party may appeal by filing a verified […], and by furnishing copies thereof to […] issuing the appealed resolution.

Answer 31

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 4. How appeal taken. An aggrieved party may appeal by filing a verified **petition for review with the Office of the Secretary, Department of Justice**, and by furnishing copies thereof to **the adverse party and the Prosecution Office** issuing the appealed resolution.

Question 32

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 7. Action on the petition. The Secretary of Justice may dismiss the petition outright if he finds the same to be patently without merit or manifestly intended for delay, or when the issues raised therein are too unsubstantial to require consideration. If an information has been filed in court pursuant to the appealed resolution, […]. Any arraignment made after the filing of the petition shall […].

Answer 32

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 7. Action on the petition. The Secretary of Justice may dismiss the petition outright if he finds the same to be patently without merit or manifestly intended for delay, or when the issues raised therein are too unsubstantial to require consideration. If an information has been filed in court pursuant to the appealed resolution, **the petition shall not be given due course if the accused had already been arraigned**. Any arraignment made after the filing of the petition shall **not bar the Secretary of Justice from exercising his power of review**.

Question 33

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 9. Effect of the appeal. Unless the Secretary of Justice directs otherwise, the appeal shall not hold the […]. The appellant and the trial prosecutor shall see to it that, […], the proceedings in court […].

Answer 33

DOJ Circ. No. 70 (Jul. 3, 2000). Sec. 9. Effect of the appeal. Unless the Secretary of Justice directs otherwise, the appeal shall not hold the **filing of the corresponding information in court on the basis of the finding of probable cause in the appealed resolution**. The appellant and the trial prosecutor shall see to it that, **pending the resolution of the appeal**, the proceedings in court **are held in abeyance**.