CRIMINAL PROCEDURE Pineda 2006 SEC. 1 Institution of Criminal Actions COMMENT:
Institution of criminal actions (ICA) – For purposes of ICA, the offenses are divided into 2 groups: 1. Those Those requirin requiring g prelimin preliminary ary invest investigat igation ion:: -
Offens Offenses es punis punishabl hable e by a penalt penalty y of at least least 4 years, years, 2 mont months hs and and 1 day of of imprisonment
2. Those which do not require require prelimin preliminary ary investi investigation: gation: -
Offe Offens nses es puni punish shabl able e by by les lesse serr pen penalt alty y
FIRST GROUP Offenses shall be instituted by the FILING OF THE COMPLA COMPLAINT INT with PROPER PROPER OFFICE OFFICER R for the purpose of conducting the requisite preliminary investigation. Proper officers: City and Provincial Prosecutors
SECOND GROUP (Penalty imposable is lower than 4 years 2 months and 1 day imprisonment) Offenses shall be instituted by FILING THE COMPLAINT OR INFORMATION DIRECTLY with the Municipal Trial Courts (MTC), Municipal Circuit Trial Courts (MCTC), Office of the Prosecutors
In MANILA and other chartered char tered cities, the COMPLAINT shall be FILED with the t he OFFICE OF THE CITY PROSECUTOR unless OTHERWISER PROVIDED IN THEIR CHARTERS. Under the OLD RULE:
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Cases triable by Municipal Courts were not subject to preliminary investigation because the involved ONLY MINOR OFFENSES or MISDEMEANORS.
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The penal penalty ty then then did not not exceed exceed 6 mont months hs impri imprison sonmen mentt and/or and/or fine fine of 200 (B.P. (B.P. 129)
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(R.A. No. 7691) the jurisdi jurisdiction ction of the the lower lower courts was further expanded expanded to include crimes punishable with imprisonment not exceeding 6 years year s regardless of the amount of fine.
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These cases are not not minor minor cases, cases, yet they were not then then covered covered by the the Rule Rule on preliminary investigation.
Under the NEW RULE: -
“Sec. 1 x x x (RULE (RULE 112 Rules of Criminal Criminal Procedure) Procedure) Except Except as provided provided in section section 7 of this rule, a preliminary investigation is required to be conducted before filing of
a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine” -
EXCEPTI EXCEPTION ON to to this Rule Rule is is SECTIO SECTION N 7, RULE RULE 112 refe refers rs to the the arrest arrest of a perso person n without warrant where only inquest is required.
Interruption of the Period Of Prescription Rule – -
The institution institution of a criminal criminal action action whether whether before the Office of the Prosecutor Prosecutor or a Municipal Judge interrupts the running of the period of prescription.
PEOPLE VS OLARTE
19 SCRA 494
Held: -
The issue of prescrip prescription tion discloses discloses that there there are 2 lines of decision decisions s following following differing criteria in determining whether prescription of crimes has been interrupted.
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ONE LINE OF PRECED PRECEDENTS ENTS holds that the filling filling of the complaint complaint with with justice of peace (or municipal judge) does not interrupt the course of the prescriptive term and cases cited therein.
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ANOTHE ANOTHER R DECISI DECISIONS ONS decl declares ares that that to produ produce ce interr interrupt uption ion the the complain complaintt or information must have been filed in the proper court that has jurisdiction to try the case on its merits.
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CONCLUSIO CONCLUSION N that that the the TRUE TRUE DOCTRI DOCTRINE NE is, and and should should be, be, the the one one establish established ed by by the decisions HOLDING that the FILING of the complaint in the Municipal Court, even if it be merely for purposes of preliminary examination or investigation should and does interrupt the period of prescription of criminal responsibility, even if the court where the complaint or information is filed cannot try the case on merits.
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REAS REASON ONS S buttre buttress ss this this concl conclus usion ion:: A. FIRST, the text of ART. 91 91 of the Revised Revised Penal Penal Code, Code, in declaring declaring that the period of prescription “shall be interrupted by the filling of the complaint is filed in the court for preliminary examination or investigation merely or for action on the merits.
B. SECOND, even if the court where the complaint or information is filed may only proceed to investigate the case, its actuations already represents the initial step of the proceedings against the offender. C. THIRD, it is unjust unjust to deprive deprive the injured injured party of the right right to obtain vindication on account of delays that are not under his control. All that the victim of the offense may do on his part to initiate the prosecution is to file the requisite complaint. -
It is no argument argument that ART. 91 also also express expresses es that that the the interrup interrupted ted prescriptio prescription n “shall commence to run again when such proceedings terminate without the accuses being convicted or acquitted”
Exception To The Rule – -
SPECIAL SPECIAL LAW LAW provides provides that that the the offense offense shall not be be terminate terminated d except except upon the filing of a complaint or information in court, then the special law shall prevail.
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Under ACT NO. 3326 as amended by ACT NO. 3763, the period of prescription for violation of special laws and municipal ordinances is interrupted only upon filing of the complaint or information in court.
Section 2 of said acts reads – “Prescription shall begin to run from the day of the commission of the violation of the law and if the same be not known at the time from the discovery thereof and the institution of the judicial judicial proceedin proceedings gs for its investi investigation gation and punishme punishment. nt. The prescri prescription ption shall be interrup interrupted ted when proceedings are instituted against the guilty person and shall begin to run again if the proceedings are dismissed for reasons not constituting the jeopardy.” -
Howeve However, r, in Peop People le vs Ramos, Ramos, 88 88 SCRA SCRA 486, 486, it was was held held that that ACT ACT NO. NO. 3326 3326 is not not applicable when the special law provides for its own prescriptive period.
Criminal Prosecutions, As A Rule, Not To Be Enjoined; Exceptions – DOMONDON VS SANDIGANBAYAN
328 SCRA 292
Held: -
RULE: Criminal Criminal prosec prosecutions utions may not not be restrained restrained either either through through a prelimin preliminary ary or or final injunction or writ of prohibition
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EXCEPTIONS: A. To afford adequate adequate protect protection ion to the constit constitutional utional rights rights of of the accused accused B. When necess necessary ary to the the orderly orderly administrati administration on of justice justice or to to avoid oppression or multiplicity of actions C. When there is a prejudic prejudicial ial question question which is sub-judic sub-judice e D. When the the acts of the the officers officers are without without or in excess excess of authority authority E. Where Where the prosecut prosecution ion is under under an invalid invalid law, law, ordinance ordinance or regulat regulation ion F. When When double double jeop jeopardy ardy is clear clearly ly appar apparent ent G. Where Where the court court has has no jurisdic jurisdiction tion over over the offense offense H. Where Where it is a case of persecutio persecution n rather rather than prosecu prosecution tion I.
Where Where the charges charges are manifestly manifestly false and and motivated motivated by lust lust or vengeance vengeance
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When there is clearly clearly no prima prima facie facie case case against against the the accused accused and a motion to quash on that ground has been denied
K. Preliminary Preliminary injuncti injunction on has been issued issued by by the SC to prevent prevent the threatene threatened d unlawful arrest of petitioners Certiorari Not Allowed – -
Certiorari Certiorari is not not a remedy remedy to restrain restrain prosec prosecution ution of a case unless there is grave grave abuse of discretion
SEC. 2 THE COMPLAINT OR INFORMATION COMMENT:
Form of Complaint Or Information – -
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In the the filing filing of an AffidavitAffidavit-Compla Complaint int in the the Prosecut Prosecutor’s or’s Office, Office, the the complaini complaining ng party is referred to as a s COMPLAINANT and the opposite party as a s the RESPONDENT. Once Once the the case is filed filed in in the cour court, t, the the accusat accusation ion is is made in the the form form of an information. The plaintif plaintifff is is now now the People People of the the Philip Philippin pines. es. The comp complain lainant ant is now now merel merely y referr referred ed to as comp complai lainin ning g witnes witness s or party party REASON REASON for for this is that when a crime crime is committed committed the offended offended party is the People of the Philippines. A crime, when committed, disturbs the peace of the entire community. COMPLA COMPLAINT INT OR INFOR INFORMAT MATION ION must must be in writin writing g An oral oral com compl plain aintt can canno nott be be fil filed ed in court court If there there are several respondents respondents,, the prosecutor prosecutor must charge all who who appear appear to be responsible for the commission of the offense involved. He (Prosecutor) (Prosecutor) has NO NO discret discretion ion to drop some respondents respondents from the complaint complaint or or information who have participated in the commission of the crime except when one or more of them are taken and qualified as state witness for the State.
Effect If Action Is Not Commenced In The Name Of The People – -
This This insuff insuffici icienc ency y is just just a defec defectt in form form and and it may be cured cured at any staged staged of of the trial
SEC. 3 COMPLAINT DEFINED - A sworn 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. -
It is an accusatio accusation n in writing writing filed filed with with the the court court by by the prosecutor. prosecutor. It need need not not be sworn. A certain certification is needed.
Status of Complaint Not Under Oath – -
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In People People vs vs Palabao Palabao it it was held held the cour courtt acquire acquires s no juris jurisdic diction tion over the the case case In Peopl People e vs vs Cayosa Cayosa does does not not neces necessar sarily ily render render it valid valid In People People vs Historil Historillo lo merely merely a defect defect of form which does not affect affect the substantial substantial rights of the defendant on merits. On Dec Dec 1, 2000, 2000, the the Revised Revised Rules of Criminal Criminal Procedure Procedure clearly and definite definitely ly defines that a complaint is a sworn written statement, meaning, under oath. Thus, the rule returns as back to the Palabao ruling. On Jun Jun 29, 2005, 2005, the the Cayosa Cayosa and Hist Historil orillo lo cases cases were were cited cited as auth authori ority ty that that absence of an oath is merely a defect in form and not jurisdiction. The reason
advanced being that defect in form is not one of the grounds for a motion to quash under Sec. 3, Rule 117 Observation: The absence absence if the oath need need not not be mentioned mentioned specifically specifically as among among the the grounds. grounds. It is already included in Sec. 3, b of Rule 117, “That the court trying the case has no jurisdiction over the offense charged or the person of the accused.” The rule rule stating stating that that a complaint complaint is a “SWORN “SWORN WRITTEN WRITTEN STATEME STATEMENT” NT” is is meant meant to be be followed followed and should be disregard to prevent perjurious statements in complaints. The purpose purpose of the rule would be frustrated frustrated if a complain complaintt is not not sworn. sworn. Harassment Harassment cases will proliferate SEC. 4 INFORMATION DEFINED An accusation in writing charging a person with an offense, subscribed bythe prosecutor and filed with the court. COMMENT:
Distinction Between Complaint And Information – -
While While a complaint complaint and and informati information on have have similarities similarities and common ends, that is, is, to prosecute the accused for the crime charged, they have some fine distinctions:
Complaint It is a sworn statement. If it is not under oath, court acquires no jurisdiction jurisdiction It is subscribed by A. The The offe offend nded ed par party ty B. An Any y peac peace e offic officer er or C. Other Other public public offi officer cers s charge charged d with with the enforcement of the law violated It can be filed in court or in the Office of the Prosecutor for preliminary investigation (Sec. 3, Rule 110)
Information It is an accusation in writing filed by the prosecutor in court. It need not be sworn It is subscribed only by the prosecutor
It is always directly filed in court (Sec. 4, Rule 110)
In case of variance between the complaint filed by the offended party and the information in crimes against chastity, the complaint controls Certificate of Non-forum Shopping In Criminal Cases – A certificate of non-forum shopping is required only in CIVIL COMPLAINTS under Section 5, Rule 7 of the Revised Ruled of Civil Procedure – such certificate is not necessary in criminal cases and distinct causes of action. May Mandamus Lie Against A Prosecutor To Compel Him To File An Information? Yes GEN. RULE in Sanchez vs Demetriou, It is a matter of discretion, hence he (prosecutor) cannot be compelled by the mandamus
EXCEPTION in Tam Wing Tak vs Makasiar, mandamus will lie to compel the prosecutor to file an information when he refused to do so in spite of the prima facie evidence of guilt against the respondent. SEC. 5 WHO MUST PROSECUTE CRIMINAL ACTIONS COMMENT:
Officer In Control of the Prosecution Of Criminal Actions - All criminal criminal actions actions commence commenced d by by a complaint complaint or or information information shall be prosec prosecuted uted under the direction and control of the prosecutor. - The pros prosecu ecutor tor when when PRES PRESEN ENT T and AVAI AVAILAB LABLE, LE, may may delega delegate te to a compe competen tentt private prosecutor the conduct of the prosecution of the case where there is a civil liablity arising from the court but subject to his control and supervision. PEOPLE VS BERIALES
70 SCRA 361
Held: In the present case, although the private prosecutor had previously been authorized by the special counsel to present the evidence for the prosecution, nevertheless, in view of the absence of the City Fiscal at the hearing, it cannot be said that the prosecution of the case was uder control of the City Fiscal. It follows that the evidence presented by the private prosecutor at said hearing could not be considered as evidence for the plaintiff, the People of the Philippines. There was, therefore, therefore, no no evidence evidence at all to speak speak of which could have been the the basis basis of the decision of the trial court. As aptly observed by the SolGen, “to permit such prosecution of a criminal case by the private prosecutor with the fiscal in absentia can set an obnoxious precedent that can be taken advantage of by some indolent members of the prosecuting arm of the government as well as those who are oblivious of their bounden duty to see to it not only that the guilty should be convicted but that the innocent should be acquitted…” In the Bravo Case, The Beriales Case Was Not Applied – BRAVO VS CA
208 SCRA 531
Held: Petitioner contends that there was no fiscal who was physically present during the proceedings of the libel case since the entire evidence for the prosecution was presented by a private prosecutor who had no express authority from the fiscal to represent the State. There by rendering the entire trial invali as enunciated in the case of Bariales. Petitioner is in error. The case of Bariales is not applicable to the case at bar because in said case, the city fiscal did not appear in all of the trial court’s proceedings. In the case at bar, it cannot be said that the trial fiscal never appeared during the trial of the said case. -
Sec. Sec. 5 of Rule Rule 110, Rule Rules s of Court, Court, requi requires res that that all crim criminal inal acti actions ons shall shall be be prosecuted under the direction and control of the prosecutor.
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RATIONALE RATIONALE:: “To “To prevent prevent malicious malicious or unforce unforced d prosecu prosecutions tions by private private persons” persons”
Exception To The Rule That Public Prosecutor Must be Present – -
In case of A. Heavy work schedul schedule e of the public public prosecu prosecutor tor or or B. In the event event of lack of public prosecutors prosecutors,, the private private prosecu prosecutor, tor, may be authorized in writing by the Chief of the Prosecutor Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court.
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The new new amendm amendment ent must must be be distingu distinguish ished ed for for the provi provisio sion n of Sec. Sec. 7, Rule Rule 112 (Preliminary Investigation) where in the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. Sec. 7, Rule 112 refers refer s to the FILING OF THE COMPLAINT while Sec. 5, Rule 110 (1 st paragraph) refers to the prosecution of the case by a private prosecutor. The public prosecutor prosecutor may turn turn over the actual prosecution prosecution of the the criminal criminal case, in the exercise of his discretion but he may at any time take over the actual conduct of the trial.
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Prosecution Of The Crimes of Adultery and Concubinage – -
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Adultery Adultery and Concub Concubinage inage are PRIVATE PRIVATE CRIME CRIMES, S, meaning meaning,, the the prosecut prosecutor or cannot cannot on his own initiate, prosecute these crimes. Unless Unless the offende offended d has has file filed d a complai complaint nt of of purp purpose ose.. REASON: REASON: The offended offended party party may may choose choose to suffer suffer the outrage in silence silence.. He or she she may not want to be scandalized by the public revelation of the infidelity of his/her spouse that is bound to arise and explode as a consequence of the public trial. In recent recent cases, the signing signing of the complaint complaint by the the offended offended spouse is no no longer longer jurisdiction jurisdictional al In Peopl People e vs vs Mandi Mandia, a, subs substant tantial ial compli compliance ance is suff suffici icient ent If there there is no sufficient sufficient compliance, compliance, the court court acquires acquires no jurisdic jurisdiction tion over the person of the parties nor over the subject matter.
PEOPLE VS ARANDA
106 PHIL 1008
Pg. 17-18 “Offended Party” In Adultery Case Must Be a Lawful Husband of the Accused -
The supp suppose osed d offende offended d party party must must have have the statu status, s, capac capacity ity or or legal legal representation to do so at the time of the filling of the criminal action. Mari Marital tal rel relati ation onsh ship ip mus mustt still still be be subs subsis istin ting g If it does not exsit exsit anymore as when when the the foreign foreign husband husband has has divorced divorced the Filipin Filipino o wife abroad, the complaining party could not be considered as an offended spouse. Hence, the complaint filed must be dismissed.
The guilty Parties If Alive Must be Both Prosecuted – -
The offen offended ded party party must must incl include ude in in the compl compliant iant not not only only his/her his/her spou spouse se but but also the concubine or paramour of his/her spouse. He/she He/she cann cannot ot pardon pardon one one of the the guilty guilty partne partners rs and prosec prosecute ute only only the the other. other. Eithe Eitherr he/ he/ she she pard pardon ons s all all or or pard pardon ons s non none. e.
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If the offen offended ded party party cons consent ented ed to the the act commi committe tted d by his/he his/herr spouse spouse,, the crime crime cannot also be prosecuted
PEOPLE VS SCHNECKEN SCHNECKENBURGER BURGER 73 phil 413 Pg. 19-20 Prosecution Of Cases of Seduction, Abduction And Acts of Lasciviousness – -
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Thes These e 3 crim crimes es are are cons consid ider ered ed PRI PRIVA VATE TE CRI CRIME MES S They cannot be prosecu prosecuted ted except except upon the complaint complaint by by the following following in in the order they are enumerated: A. Offend Offended ed party party who who is a woman woman B. Her Her pare paren nts C. Her Her gran grandp dpar aren ents ts or D. Guard ardian The offen offenses ses canno cannott also be be prosecu prosecuted ted if if the offend offender er has has been been pardone pardoned d by any any of the above persons, as the case may be. BASIS of 3rd paragraph of Rule 110: Article 344 of the RPC except that rape should now be deleted as it was reclassified as a crime against perosns. (RA No. 8353: Anti Rape Law of 1997) The comp complain laintt require required d in said said Art. 344 344 is merel merely y a conditi condition on prece preceden dentt to the exercise by the proper authorities of the power to prosecute the guilty parties. Such condition has been imposed out of consideration for the oiffended women and her family who might prefer to suffer the outrage in silence rather than go through the scandal of public trial.
Affidavit of Dessitance, Dessitance, Not a Ground For Dismissal Dismissal –
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An affidavit of desistance is not a ground for the dismissal of an action, once it has been instituted in court. A private private complainant complainant loses the right right or absolute absolute privilege privilege to decide decide whether whether the the rape charge should proceed, because the case was already filed and must therefore continue to be heard by the trial court.
Effect of Death or Incapacity of Offended Part; State may file Complaint; Condition – -
If the offen offended ded party party died died or or become becomes s incapac incapacitat itated ed befor before e she coul could d file the the complaint and she had no known parents, grandparents, or guardians, the State shall initiate the criminal action
Can An offended Party Who Is a Minor Initiate The Case of Seduction, Abduction or Acts of of Lasciviousnes Lasciviousness? s? -
YES, unless unless she is is at the the same same time time incomp incompete etent nt or incap incapaci acitat tated ed to do do so. A minor minor is a pers person on below below 18 18 years years (RA (RA No. 8353 or AntiAnti-Rap Rape e Law of 1997) 1997)
Effect, If Minor Fails To File Complaint – -
Her parent parents, s, gran grandpa dparen rents, ts, or guardi guardian an may may file file the the complai complaint. nt. Their Their right right to file file the the complain complaintt in their their own behalve behalves s shall shall be EXCL EXCLUSI USIVE VE of all all other persons, that is, no other relatives or persons can exercise right. Exercised Exercised by represe representative ntatives s shall shall be be in the order order enumerated, enumerated, except except that that if they are not all available, the State itself shall be the one to file the complaint
Effect, If Offended Party is of Legal Age – -
At least least 18 years, years, the parents, parents, grandparen grandparents, ts, guardian has no authority authority to file the complaint. Howeve However, r, even even though though she she is of legal legal age, age, if if she is incap incapaci acitate tated d by reason reason of of insanity or physical incapacity the complaint file by her father is considered valid.
Complaint Referred To In The Rule; Information Need Not Be Signed And Verified By complainant – -
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If the offen offended ded party party or or her paren parents, ts, gran grandpa dparen rents ts or guardi guardian an fails fails to file file the complaint, the information filed by the p[ublic prosecutor is sufficient. It need not be signed by them. The comp complain laintt signed signed by the the offende offended d party party and her her mother mother whic which h was adopt adopted ed by the Fiscal after the investigation is sufficient The comp complain laintt need need not be be presen presented ted as as an exhibi exhibitt if it is part part if the the recor record. d. The The court can take judicial notice
Rule If Different In Criminal Actions For Adultery And Concubinage – -
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The offended offended himself himself/herse /herself lf has the the EXCLUSI EXCLUSIVE VE right right to determin determine e wheteh whetehrt rt or or not to expose the infidelity of his/her spouse. Reputat Reputatiio iion n may be cons conside idered red as as more more import important ant than than the pains pains caus caused ed by the the outrage The Princi Principle ple of Parens Patriae found in the 3 rd paragraph of Sec. 5 Rule 110, applies only to seduction, abduction, and acts of lasciviousness and not to adultery and concubinage
Criminal Action For Defamation Based On the Imputation of Any of the Abovementioned Offenses -
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They They canno cannott be pros prosec ecut uted ed de oficio oficio But if the offenses imputed are different offenses, the crime is public crime and the same may prosecuted de oficio by the public prosecutor The death death of the the offend offended ed party party in a libel libel or or defamat defamation ion case case does does not not extingu extinguish ish the accused’s criminal liability
Prosecution Of Violations of Special Laws -
With respect respect to special special laws laws complain complaints ts for for their their violation violation shall shall be be determin determined ed by their provisions
