CHAPTER X
SIMPLIFIED PROCEDURE IN CASE BUILD UP
Learning Objectives
At the end of this chapter the students should be able to;
1. Know the meaning of the following, preliminary investigation, information; arrest, bail,
complaint,
2. Know when the preliminary investigation be conducted;
3. Differentiate complaint and information;
4. Identify who must prosecute criminal actions;
5. Explain when complaint or information is sufficient;
6. Learn when a person may be arrested even without a warrant;
Introduction
In the conduct of investigation the investigator must be knowledgeable on how the possible
crime committed based on the crime scene analysis and determine the elements of crime in
order to prepare the investigation it must also identify on what evidence needs to be processed
to probably create a logical identification of evidence based on the factual investigated scenario.
Prosecution of Offenses (Rule 110)
The institution of a criminal action generally depende upon whether or not the offense is one
which requires a preliminary investigation.
Where a Preliminary Investigation is Required, a criminal action isinstituted by tung the
complaint with the proper officer for the purpose of conducting the requisite preliminary
investigation.
Where a preliminary investigation is not required, a criminal action is instituted in either of
two ways:
a. By filing the complaint or intormation direcuy with the MTC, MCTC or
b. In Manila and other chartered cities, a special rule prevails. In these places the rule is that
“the complaint shall be filed with the office of the prosecutor unless otherwise provided in their
charters" (Sec. 1 Rule 110)
c. There is no direct filing of an information or complaint with the RTC under Rule 110 because
jurisdiction covers offenses which require
preliminary investigation (4-2-1)
d. By filing the complaint with the office of the prosecutor (Sec. 1 Rule 110)
When Preliminary Investigation is required?
A preliminary investigation is to be conducted for offenses where the penalty prescribed by law
is at least four (4) two (2) months and one (1) day. (Sec. 1 Rule 112)
Effect of the institution of criminal action on the prescriptive period
Institution of criminal action shall interrupt the period of prescription of the offense charged
unless otherwise provided in special laws.
The prescription period remains tolled from the time the complaint was filed with the Office of
the Prosecutor until such time that respondent is either convicted or acquitted by proper court.
General Rule:
Criminal prosecution may not be restrained or stayed by injunction.
Exceptions:
1. To afford adequate protection to the constitutional rights of the accused.
2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity
of actions.
3. When there is a pre-judicial question which is sub judice
4. When the acts of the officer are without or in excess of authority
5. Where the prosecution is under an invalid law, ordinance or regulation
6. When double jeopardy is clearly apparent
7. Where the court has no jurisdiction over the offense
8. Where it is a case of persecution rather than prosecution
9. Where the charges are manifestly false and motivated by the lust for vengeance
10. When there is clearly no prima facie case against the accused and a motion to quash on
that ground has been denied
11. To prevent the threatened unlawful arrest of petitioners
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.
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.
Information (defined). An information is an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court.
Designation of the offense; Either
1. designation of the offense given by the statute , or
2. if there is no designation, reference to the section or subsection of statute punishing it
3. aver the acts or omissions constituting the offense
4. Specify qualifying its circumstances. and aggravating
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. However, in
Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or
to the case is not available, the offended party, any peace officer, or public officer charged with
the enforcement of the law violated may prosecute the case. This authority shall cease upon
actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court.
(Sec. 5 Rule 110 ROC).
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 are 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.
The offended party, even if she is a minor. This right exists independently of her parents,
grandparents, or guardian, unless the minor is incapable of filing the complaint herself. In such
a case, the right to initiate the complaint falls successively to her parents, then grandparents,
and lastly, her legal guardian.
This structure ensures that the minor's right to seek redress is protected and not hindered by
the possible inaction of her guardians. However, the law provides that the right granted to
parents, grandparents, or guardians is not exclusive and must be exercised in the order
prescribed, except when the minor herself is competent and able to file the complaint.
Additionally, no criminal action for defamation that involves the imputation of the above offenses
shall be initiated without the instance and formal complaint of the offended party. This provision
safeguards the privacy and agency of the victim in cases where her reputation may be at stake
due to the nature of the offense.
Prosecution of Criminal Action
In general, criminal actions are prosecuted under the direction and control of a public
prosecutor, whether commenced by complaint or by information, as provided in Section 5, Rule
110 of the Rules of Court. The Supreme Court has emphasized in Uy v. People (G.R. No.
174899, September 11, 2009) and Chua v. Padillo (G.R. No. 163797, April 24, 2007) that since
a criminal offense is considered an outrage against the sovereignty of the State, it is only proper
that the State—through the public prosecutor—directs its prosecution.
Appearance of a Private Prosecutor
While the public prosecutor retains primary control over the prosecution, the offended party may
intervene through a private prosecutor, but only under specific conditions. This intervention is
allowed only when the civil aspect of the case is instituted alongside the criminal action, as laid
out in Rule 111 of the Rules of Court.
Therefore, if the civil action for the recovery of damages is not joined with the criminal case, the
offended party has no right to intervene in the prosecution via a private prosecutor if the
offended party:
1. Waives the civil action
2. Reserves the right to institute it separately or
3. Institute civil action prior to the criminal action.
Power and Discretion of the Public Prosecutor
1. Determine whether a prima facie case exists
2. Decide which of the conflicting testimonies should be believed free from interference or
control of the offended party
3. Subject only to the right against self-incrimination, determine which witnesses to present in
court (Chua Vs. Padillo GR No. 163797 April 24, 2007)
The public prosecutor the actual prosecution of the criminal case to a private prosecutor in the
exercise of discretion, but he mat at anytime, take over the actual conduct of the trial. (People
Vs. tan GR. No. 177566. March 26,2008)