RULE 110: PROSECUTION OF OFFENSES -action may be barred by the statute of

limitations
How are criminal actions instituted?
a) For offenses where PI is required, by COMPLAINT – a sworn written statement
filing the COMPLAINT with the proper charging a person with an offense,
officer for the purpose of conducting the subscribed by the offended party, any
requisite PI. peace officer or other public officer
charged with the enforcement of the law
b) For all other offenses, by filing the
violated.
COMPLAINT or INFORMATION directly
with the MTC or COMPLAINT with the -May be filed either with the office of the
office of the prosecutor. prosecutor or with the court

INSTITUTION – for offenses which require -Sworn to by the person signing it

PI, criminal action is instituted by filing
complaint for PI.
- If the offended party dies before he
COMMENCEMENT – criminal action is
is able to file a complaint, his heirs
commenced when the complaint or
cannot file in his behalf since the
information is filed in court.
right to file a criminal action is
Can the offended party go directly to court personal and abates upon the
to file criminal action? death of offended party. It not
transmissible to the heirs.
No. Before a complaint is filed in court,
- If a complaint is not sworn by a
there should have been a confrontation
private person, it is not necessarily
between the parties before the LUPON
void. The oath is a mere defect of
CHAIRMAN. The Lupon secretary must
form which does not affect the
certify that no conciliation or settlement
substantial rights of the defendant
was reached, attested by the Lupon. The
on the merits.
complaint may also be filed if repudiated
by the parties. When is a complaint required?

EXCEPTIONS when the parties may go If the offense is one which cannot be
directly to court. prosecuted de oficio, or private in nature
(adultery, concubinage, seduction,
-accused is under detention
abduction, acts of lasciviousness,
-a person has been deprived of personal defamation on the imputation of the
liberty calling for habeas corpus above offenses), or cases which need to be
proceedings endorsed by specific public authorities

-actions are coupled with provisional INFORMATION - an accusation in writing

remedies charging a person with an offense,
subscribed by the prosecutor and filed by 5. Downgrading of the offense or
him with the court dropping of the accused even before plea

-Always filed with the court When can a complaint or information be

amended?
-Need not be under oath since the
prosecuting officer filing it is already BEFORE PLEA, a complaint or information
acting under his oath of office can be amended in form or in substance
without leave of court, except if the
Who must prosecute criminal actions?
amendment will downgrade the offense
GR: Direction and control by the or drop an accused from the complaint or
PROSECUTOR. In MTC/MCTC, if the information. In such a case, the following
prosecutor is not available, the offended requisites must be observed:
party, any peace officer or other officer
- must be made upon motion of the
charged with the enforcement of the law
prosecutor with notice to the offended
violated may prosecute.
party
What is the distinction between the
-with leave of court
control by the prosecution and the control
by the court? -the court must state its reason in
resolving the motion
Before a case is filed in court, the
prosecution has control over the -copies of the resolution should be
following: furnished all parties, especially the
offended party
1. What case to file
AFTER PLEA, only formal amendments
2. Whom to prosecute
may be made only with leave of court and
3. The manner of prosecution when it can be done without causing
prejudice to the rights of the accused.
4. The right to withdraw the case before
arraignment even without notice and When can a complaint or information be
hearing. substituted?

After a case is filed in court, the court has A complaint or information may be
control over the following: substituted if at any time before
judgment, it appears that a mistake has
1. The suspension of arraignment
been made in charging the proper offense,
2. Reinvestigation and the accused cannot be convicted of
the offense charged or of any other
3. Prosecution by the prosecutor
offense necessarily included therein,
4. Dismissal
provided that he will not be placed in
double jeopardy.
 certainty of conviction.” This is a higher
RULE 112 - PRELIMINARY threshold than the previous “probable
INVESTIGATION (Dept. Cir. No 15) cause” standard.

Under the new rules, a Preliminary • Reasonable certainty of conviction

Investigation is a summary proceeding to means that the evidence — whether
determine whether there is sufficient testimonial, documentary, or physical —
basis to charge a person in court. This should be strong enough that, if
investigation aims to establish a unchallenged, it could establish all
“reasonable certainty of conviction” based elements of the alleged crime and result
on a case build-up, which includes in a conviction beyond a reasonable
gathering all necessary evidence, as doubt.
outlined in DC 20. (Sec. 7)
• Prosecutors must evaluate all presented
This preliminary process ensures that evidence, ensuring it is (a) admissible, (b)
only well-supported cases move forward credible, and (c) capable of proving the
to trial, thus preventing unnecessary crime and the accused’s responsibility.
cases from clogging the courts.
• Reasonable certainty of conviction also
Inquest Proceedings, on the other hand, includes a summary evaluation of the
are designed for situations involving evidence presented by the respondents
individuals arrested without a warrant. through their counter-affidavit.
Here, the prosecutor quickly reviews the
circumstances and available evidence to 2. Disposition and Recommendations
decide if the person should remain in (Sec. 16)
custody and face charges. This informal
but critical step ensures that detained • If the prosecutor finds that the evidence
individuals are either formally charged or does not meet the standard of reasonable
released promptly. (Sec. 12) certainty for conviction, he/she must
recommend the dismissal of the
The DoJ has set forth specific provisions complaint, subject to the approval of the
that apply to both Preliminary head of the prosecution office.
Investigation and Inquest proceedings:
• The prosecutor shall cite the legal
[Link] of Evidence (Sec. 5) grounds for dismissal in the complaint in
his/her resolution, but the dismissal is
• The new standard of proof requires without prejudice and may be refiled
prima facie evidence with “reasonable when new or additional pieces of
evidence are produced upon further case • Resolutions of the Prosecutor General or
build-up. the City, Provincial, or Regional
Prosecutor on preliminary investigation
• If a recommendation for dismissal is or motion for reconsideration, may be the
disapproved by the head of the subject of a petition for review or appeal.
prosecution office on the ground that
there exists prima facie evidence with a • Shall be accompanied by a motion to
reasonable certainty of conviction, the suspend proceedings, as filed with the
head, without conducting another court.
preliminary investigation, may file the
information against the respondent; or • Resolutions of the Prosecutor or
director another prosecutor to do so. Regional Prosecutor on appeal of the
cases cognizable by first level courts shall
• If the evidence meets the standard of be final and no longer appealable to the
reasonable certainty for conviction, the Office of the Secretary of Justice.
prosecutor shall issue a resolution
recommending the filing of an • Resolution of the Secretary of Justice on
Information in court and henceforth, appeal in criminal cases cognizable by the
prepare the same. second level courts shall be final,
executory, and non-appealable.
3. Remedies
c. Motion for Reconsideration on Petition
a. Motion for Reconsideration (Sec. 18) for Review (Sec. 20)

• The aggrieved party may file a motion • The aggrieved party may file a verified
for reconsideration of the resolution motion for reconsideration of the
within 15 days from receipt. resolution within 15 days from receipt.

• The motion shall be assigned to the

investigating prosecutor or another
prosecutor within three (3) days from the
filing thereof.

• The motion shall be resolved within 30

days from the date of assignment.

b. Petition for Review (Sec. 19)