LAW ON LEGAL PROCESSES

A SYLLABUS-BASED REVIEWER

PADAYON, PA ÑERA!

© BASED ON VARIOUS SOURCES

 Laws on Legal Processes

SYLLABUS FOR LAW ON LEGAL PROCESSES

Professor: Atty. Sison

Reviewer by S.K.A Francisco | 2

 Laws on Legal Processes

CRIMINAL PROCEDURE II. CRIMINAL JURISDICTION; CONCEPT

AND REQUISITE OF EXERCISE
WEEK 1
Criminal Jurisdiction – the authority to hear and try a
I. GENERAL MATTERS particular offense and impose the punishment for it
[People v. Mariano, G.R. No. 13329, December 23, 199].
A. Criminal Procedure
1) Requisites for the Exercise of Criminal
Criminal Procedure – is "a generic term to describe the Jurisdiction
network of laws and rules which governs the procedural
administration of justice" (Black's Law Dictionary, Fifth 1) Jurisdiction over Subject Matter
Edition, 1979). As such, it treats of the rules and 2) Jurisdiction over the Person of the accused
processes by which the criminal laws are enforced and 3) Jurisdiction over the Territory
by which the State prosecutes persons who violate such
laws. [Riano, Criminal Procedure (The Bar Lecture 1) Jurisdiction over Subject Matter
Series), 2019 edition, p. 22)]
▪ Authority of the court to hear and determine a
B. Criminal Law vs, Criminal Procedure particular case.

Distinctions ▪ HOW CONFERRED: It is the law that confers

jurisdiction and not the rules. Thus, it cannot be
Criminal Law Criminal Procedure subject to waiver, acquiescence, agreement or
Definitions consent of the parties.
Define crimes and Lays down the processes
prescribe punishment for by which an offender is ▪ HOW DETERMINED: (1) Allegations in the
such crimes [Riano, made to answer for the complaint or information and not by the results
Criminal Procedure (The violation of the criminal of the trial’s courts appreciation of the evidence
Bar Lecture Series), 2011 laws. presented. (2) Law in force at the time of the
edition, p. 1]. institution of the criminal action [Riano, Criminal
It refers to the rules and Procedure (The Bar Lecture Series), p. 29-30, 2019
These laws establish what processes that govern edition].
actions or omissions are the investigation and
considered criminal and adjudication of criminal ▪ USE OF IMPOSABLE PENALTY: Jurisdiction is
set out the punishment cases. It outlines the NOT determined by the penalty actually imposed
for individuals found steps to be followed from after trial but by the penalty imposable by law on
guilty of committing the initiation of a criminal the
such acts. case to its resolution,
including arrest, ▪ STATUTE APPLICABLE TO CRIMINAL ACTION:
arraignment, trial, and The law in effect at the time of commencement
appeals. of a criminal action. [EXCEPTION:] Except those
Sources cases falling under the jurisdiction of the
1) The primary source of 1) Rules of Court Sandiganbayan because it is determined at the
criminal laws in the 2) 1987 Constitution – time of the commission of the offense.
Philippines is the Art. III Bill of Rights
Revised Penal Code 3) Civil Code of the ▪ PRINCIPLE OF CONTINUING JURISDICTION:
(Act No. 3815), Philippines – Arts. 32, Once a court has acquired jurisdiction, that
enacted in 1930. 33 and 34 jurisdiction continues until the court has done all
2) Special Laws that it can do in the exercise of that jurisdiction.

C. Criminal Litigation Process ▪ OBJECTIONS ON JURISDICTIONAL GROUNDS:

Objection based on the ground that the court
(Refer to the charts on pg…) lacks jurisdiction over the subject matter may be
raised or considered motu proprio by the court at
any stage of the proceedings or on appeal.

Reviewer by S.K.A Francisco | 3

 Laws on Legal Processes

[Exception:] ESTOPPEL and LACHES. [it should be It is required before

similar to the factual circumstances in the case of the court can act
Tijam vs. Sibahonoy] upon the application
for bail, but is not
2) Jurisdiction over the Person of the accused required for the
adjudication of other
▪ Power of the court to try a case with binding reliefs sought by the
effect as against an accused [Miranda v. Tuliao, defendant where the
486 SCRA 377). mere application
therefor constitutes a
▪ HOW ACQUIRED: Jurisdiction over the person of waiver of the defense
the accused is acquired upon his arrest or of lack of jurisdiction
apprehension, with or without a warrant, or his over the person of
voluntary appearance or submission to the the accused.
jurisdiction of the court [Valdepehas v. People, 16
SCRA 871; Gimenez v. Nazareno, 160 SCRA 4].
How acquired?
▪ One who seeks affirmative relief is deemed to Accomplished either Acquired upon his
have submitted to the jurisdiction of the court. by arrest or voluntary arrest or voluntary
The voluntary submission of the accused to the surrender. appearance.
jurisdiction of the court may be effected by filing Relation to Relation to Custody
a motion to quash, appearing for arraignment, Jurisdiction of the Law
participating in the trial or by giving bail [Miranda One can be under the One can be subject to
v. Tuliao, 486 SCRA 377) Except when the ground custody of the law the jurisdiction of the
is lack of jurisdiction over the person of the but not yet subject to court over his person,
accused. [Jurisdiction over the person of the the jurisdiction of the yet not be in the
accused is deemed waived when he files any court over his person, custody of the law,
pleading seeking an affirmative relief, except in such as when a such as when an
cases when he invokes the special jurisdiction of person arrested by accused escapes
the court by impugning such jurisdiction over his virtue of a warrant custody after his trial
person. files a motion before has commenced.
arraignment to quash
▪ CUSTODY OF LAW VS JURISDICTION OVER the warrant. Meaning, if an
THE PERSON: accused escapes
Meaning, if person custody after the trial
Distinctions based on the case of Miranda v. arrested by virtue of a has commenced, he is
Tuliao (2006). warrant challenges still under the court's
the warrant through a jurisdiction but is no
Custody of Law Jurisdiction over the motion to quash longer in physical
Person before arraignment, custody.
Definition he is in custody, but
Signifies restraint on Power of the court to jurisdiction has not
the person, who is try a case with binding been fully
thereby deprived of effect as against an established.
his own will and accused
liberty, binding him 3) Jurisdiction over the Territory
to become obedient
to the will of the law. ▪ The territory where the court has jurisdiction to
It is literally custody take cognizance or to try the offense allegedly
over the body of the committed therein by the accused [Valdepenas v.
accused. It includes, People, G.R. No. L-20687, April 20, 1966].
but is not limited to,
detention. ▪ VENUE: Venue in criminal cases is jurisdictional;
Court is bereft of jurisdiction to try an offense
committed outside its limited territory.

Reviewer by S.K.A Francisco | 4

 Laws on Legal Processes

III. JURISDICTION OF COURTS

▪ HOW ACQUIRED: The action shall be instituted
and tried in the court of the municipality or
territory wherein the offense was committed or (Refer to the charts on pg…)
where anyone of the essential ingredients took
place.

▪ HOW DETERMINED: Facts alleged in the

complaint or information as regards the place
where the offense charged was committed.

▪ PURPOSE: The principle seeks to preclude

harassment of the defendant and to save him from
the inconvenience and expense of depending
himself somewhere else.

▪ JURISDICTION OVER CONTINUING CRIMES:

Law authorizes the prosecution of a criminal action
in the place where any of the essential ingredients
of the offense took place. NOTE: The court where
the case was first filed acquires jurisdiction over the
same to the exclusion of all other courts, provided
it has custody of the accused or has first acquired
jurisdiction over his person.

▪ GENERAL RULE: Territory / venue is jurisdictional

in a criminal case. Hence, for jurisdiction to be
acquired by a court in a criminal case, the offense
should have been committed or any one of its
essential ingredients should have taken place
within the territorial jurisdiction of the court.

▪ EXCEPTION TO TERRITORIAL PRINCIPLE:

Pneumonic: TV2 CPL-BP22 P9 - PostSB (TV ito,
Capal ng BP22, kasi nasa Page 9 yung Post ng
StarBs)

1) An offense was committed on a railroad Train,

in an aircraft, or in any other public or private
vehicle in the course of trip.
2) Where the offense is committed on board a
Vessel on its voyage.
3) Felonies under Article 2 - cognizable by the
court where the case was first filed.
4) Continuous or Transitory Crimes
5) Piracy - triable anywhere
6) Libel
7) BP 22 Cases
8) Perjury
9) Violation of Sec. 9 of Migrant Worker and
Overseas Filipino Act of 1995
10) Art. 315(2)(d) of the RPC / Postdating a check.
11) SandiganBayan cases

Reviewer by S.K.A Francisco | 5

 Laws on Legal Processes

Jurisdiction of Courts in Criminal Cases

THE MUNICIPAL TRIAL COURT, MUNICIPAL TRIAL COURT IN CITIES, METROPOLITAN TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS

(BP 129, as amended by RA 7691 and RA 11576)

Metropolitan Trial Court – In Manila

Municipal Trial Courts in Cities – Cities outside Manila e.g., Malolos, Bulacan

Municipal Trial Court – Municipalities that are not comprised within a metropolitan area and a municipal circuit.

Municipal Circuit Trial Court – Comprising one or more cities and/or one or more municipalities.
Original and 1) All violations of city or municipal ordinances committed within their respective territorial
Exclusive jurisdictions.

2) All offenses punishable with imprisonment not exceeding six (6) years irrespective of the
amount of the fine, and regardless of other imposable accessory or other penalties, including
civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value
or amount.

3) Offenses involving damage to property through criminal negligence regardless of the value of
the property.

4) Offenses where the only penalty provided by law is a fine of not more than Php 4,000.00.

5) Cases covered by Summary Procedure to wit:

a) Violations of traffic laws, rules, and regulations; ii. Violations of rental law;
b) Violations of municipal or city ordinances; iv. Violations of Batas Pambansa (B.P.)
Blg. 22 (the Bouncing Checks Law);2931 and
c) All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding one (1) year, or a fine not exceeding Fifty
Thousand Pesos (PHP50,000.00), or both, regardless of other imposable penalties,
accessory or otherwise, or of the civil liability arising therefrom. In offenses
involving damage to property through criminal negligence under Article 365 of
the RPC, where the imposable fine does not exceed Php 150,000.00.

NOTE: If the prescribed penalty consists of imprisonment and/or a fine, the

prescribed imprisonment shall be the basis for determining the applicable
procedure.

6) In cases where none of the accused are occupying positions corresponding to Salary Grade 27
or higher, or military and PNP officers, exclusive original jurisdiction shall be vested in the
proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal
Circuit Trial Court, as the case may be, pursuant to their respective jurisdictions as provided in
B.P. 129, as amended?
Special Applications for bail in the absence of all Regional Trial Court judges.

Reviewer by S.K.A Francisco | 6

 Laws on Legal Processes

REGIONAL TRIAL COURT

Original and 1) Criminal cases not within the exclusive jurisdiction of any court tribunal or body, except those
Exclusive falling under the exclusive and concurrent jurisdiction of the Sandiganbayan (B.P. 129 as
amended. Sec. 20):

2) Offenses the imposable penalty for which exceeds six (6) years imprisonment,

NOTE: If the minor victim dies after the information is fled but before arraignment, the case shall
be transmitted to the Office of the Clerk of Court for re-raffle/assignment to a regular court of
competent jurisdiction (A.M. No. 15-02-10-SC, Sub-item II).

3) In cases where the only penalty is a fine exceeding P4,000 (A.C. No. 09-94):

4) Criminal cases under specific laws:

a) Libel cases even though punishable by prison correctional (REVISED PENAL CODE, Art. 360;
People v. Eduarte, G.R. No. 88232, February 26, 1990);

b) Jurisdiction of designated courts over cases in violation of the Comprehensive Dangerous

Drugs Act of 2002 as provided in Section 90 hereof; and

c) Violation of intellectual property rights (A.M. No. 03-03-03- SC).

5) All cases on money laundering except those falling under the jurisdiction of the Sandiganbayan
(R.A. No. 10660, Sec. 4): and

6) Election offenses (B.P. Big. 881, Sec. 268).

NOTE: The Omnibus Election Cade provides that the RTC shall have exclusive original jurisdiction
to try election offenses (Sec. 268), whether committed by a private individual or public officer or
employee, and in the latter instance, irrespective of whether the offense is committed in relation
to his official duties or not. It is the nature of the offense and not the personality of the offender
that matters [Corpus v. Tenodbayan, G K No. L-62075, April 15, 1987].

Family Court – Criminal cases where:

1) One or more of the accused are below 18 years of age but not less than 9 years of age; or

2) Where one of the victims is a minor at the lime of the commission of the offense;

3) Cases against minors cognizable under the Dangerous Drug Act:

4) Violations of R.A. No. 7610 otherwise known as *Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act", as amended by R.A. No. 7658; and

5) Cases of domestic violence against women and children (RA. 8369, otherwise known as "Family
Courts Act of 1997", Sec. 5).

6) Violations of R.A. No. 8369 (Anti-Child Pornography Act of 2009) as amended by R.A. No. 9775.

NOTE: All criminal cases involving a minor victim/s who is/are l deceased at the time of filing of
the Information/s shall be raffled to the regular court of competent jurisdiction (AM. No. 15-02-

Reviewer by S.K.A Francisco | 7

 Laws on Legal Processes

10-SC,
Appellate All cases decided by the MTCs in their respective territorial jurisdiction [B.P. 129 as amended, Sec.
22].
Special To handle exclusively criminal cases as designated by the Supreme Court [B.P. 129 as amended,
Sec 23].

SANDIGANBAYAN

Original and 1) Violations of: (GF-DIC)

Exclusive
a) R.A. No. 3019 (Anti-Graft and Corrupt Practices Act):

b) R.A. Nu. 1379 (An Act Declaring Forfeiture in Favor of the State any Property Found to
have been Unlawfully Acquired by Public Officer or Employee); and

c) Chapter 2, Section 2, Title 7, Book 2 of the Revised Penal Code (le. Direct Bribery, Indirect
Bribery, and Corruption of Public Officials)

Where one or more of the accused are officials occupying the following positions in the
government, whether permanent. acting or Interim capacity, at the time of the commission
of line offense: (JEC'O)

i. Officials of the Executive branch occupying the positions of regional director and
higher, otherwise classified as Grade 27 and higher of the Compensation and
Position Classification Act of 1989, specifically including: (PCDAP3)

1) Provincial governors, vice-governors, members of the Sangguniang

Panlalawigan, and provincial treasurers. assessors, engineers, and other
provincial department heads;
2) City mayors, vice-mayors, members of the Sangguniang Panglungsod, cily
treasurer, assessors. engineers, and other city department heads;
3) Olficials of the Diplomatic service occupying the position of consul and
higher;
4) Philippine Army and air force colonels, naval captains. and all officers of
high rank;
5) Officers of the Philippine National Police while occupying the position of
provincial director and those ! holding the rank of senior superintendent
or higher;
6) City and Provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor; and
7) Presidents, directors, or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or
foundations:

ii. Members of Congress and officials thereof classified as Grade 27 and up under
the Compensation and Position I Classification Act of 1989:

iii. Members of the Judiciary without prejudice to the provisions of the Constitution;

iv. Chairmen and members of the Constitutional Commissions, without prejudice to

the provisions of the Constitution; and

Reviewer by S.K.A Francisco | 8

 Laws on Legal Processes

v. All Other national and local officials classified as Grade 27 and higher under the
Compensation and Position Classification Act of 1989 (P.D. 1606. Sec, 4(a).
2) Other offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection (a) in relation to their office (P.D 1606.
Sec. 4(b));

3) Cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14 and 14-A (Sequestration cases),
issued in 1986 (P.D, 1606, Sec. 4(c)); and

4) Money laundering cases committed by public officers and private persons who are in
conspiracy with such public officers (R.A. No. 9160, Sec. 5).
Appellate Appeals from the final judgments, resolutions or orders of regional trial courts whether in the
exercise of their own jurisdiction or of their appellate jurisdiction where all the accused are
occupying positions lower than Salary Grade 27 or not otherwise covered by the preceding
enumeration (P.D. 1606, as amended by R.A. No. 10660, Sec. 4).

Petitions for the issuance of the writs of mandamus, prohibition. certiorari, habeas corpus,
injunction and other ancillary writs and processes in aid of its appellate jurisdiction and over
petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which
may be filed under E.O. Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, that the jurisdiction over
these petitions shall not be exclusive of the Supreme Court (P.D. 1606, as amended by R.A. No.
10660, Sec. 4).

Reviewer by S.K.A Francisco | 9

 Laws on Legal Processes

WEEK 2 By death, reclusion perpetua or 20 years

reclusion temporal
I. PROSECUTION OF OFFENSES (RULE By other afflictive penalties 15 years
110) By a correctional penalty 10 years except of
those punishable
A. Institution of Criminal Action by arresto mayor,
which shall
How are criminal actions instituted? (Sec. 1) prescribe in 5 years
Crime of libel or other similar 1 year
The institution of a criminal action generally depends offenses
upon whether the offense is one which requires a Oral defamation and slander by 6 months
preliminary investigation (PI) or not: preliminary deed
investigation: Light offenses 2 months
NOTE: When the penalty fixed by law is a compound
Offenses Requiring PI Other Offenses one, the highest penalty shall be made the basis of
Nature of Offenses the application of the rules contained in the first,
THE 421 RULE Offenses where the second and third paragraphs of this article (As
penalty prescribed by amended by RA 4661, approved June 19, 1966).
Those where the penalty law is less than 4 years, 2
prescribed by law is at months, and 1 day. Prescriptive Period for Violation of Special Penal
least 4 years, 2 months Laws
and 1 day [Sec. 1, Rule
112, as amended by A.M. Violations penalized by special acts shall, unless
No. 05-8-26-SC]. otherwise provided in such acts, prescribe in accordance
How Instituted? with the following rules:
By filing the complaint a) Filed directly with the
with the appropriate MTCs and MCTCs; or Offenses punished only by fine 1 year
officer for PI [Sec. 1(a), or by imprisonment for not
Rule 110]. b) Filed with the office of more than one month, or both
the prosecutor [Sec. Offenses punished by 4 years
1(b), Rule 110] imprisonment for more than
month but less than 2 years
c) In Manila and other Offenses punished by 8 years
chartered cities, the imprisonment for 2 years or
complaint shall be more, but less than 6 years
filed with the office of Offenses punished by 12 years
the prosecutor unless imprisonment for 6 years or
otherwise provided in more
their charters [Sec. Treason 20 years
1(b), Rule 110]. Violations of municipal 2 months
ordinances
A. Effect of Institution on the Prescriptive Period
NOTE: Irrespective of whether the offense charged is
What is the effect of the institution of criminal punishable by the Revised Penal Code or by a special
action on prescriptive period? law, it is the filing of the complaint or information in the
office of the public prosecutor for purposes of the
The institution of a criminal action shall interrupt the preliminary investigation that interrupts the period of
running of the prescription period of the offense prescription.
charged UNLESS otherwise provided in special laws
[Sec. 1, Rule 110]. B. Prosecution of Criminal Action

Prescription of Crimes punished under the RPC Who must prosecute criminal actions? (Sec. 5)
(Art. 90)
General Rule: All criminal actions either commenced by

Reviewer by S.K.A Francisco | 10

 Laws on Legal Processes

complaint or by information shall be prosecuted under YES. The private prosecutor may be authorized in
the direction and control of a public prosecutor [Sec. 5, writing by the Chief of the Prosecution Office or the
Rule 110, as amended by A.M. No. 02-2-07-SC]. Regional State Prosecutor to prosecute the case subject
to the approval of the court, in the event of:
Rationale: Since a criminal offense is an outrage against
the sovereignty of the State, it necessarily follows that a 1) Heavy work schedule of the public prosecutor;
representative of the State shall direct and control the and
prosecution thereof [Riano, Criminal procedure, 2019
edition, pp. 70-71]. 2) Lack of public prosecutors

Exception: In Municipal Trial Court or in a Municipal Once so authorized to prosecute the criminal action, the
Circuit Trial Court, when the prosecutor assigned is not private prosecutor shall continue to prosecute the case
available, the action may be prosecuted by: up to end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise
1) the offended party; withdrawn [Sec. 5, Rule 110, as amended by A.M. No.
02-2-07-SC].
2) any peace officer; or
C. Prosecution of Private Crimes
3) public officer charged with the enforcement of
the law violated [OCA Circular No. 39- 2002, What are considered private crimes? (Sec. 5)
August 21, 2002].
Crimes that cannot be prosecuted de oficio:
Role of OSG in Appeal in Criminal Case
ACSAAD
General Rule: It is only the Solicitor General that is
authorized to bring and defend actions on behalf of the 1) Adultery
people or republic of the Philippines once the case is
brought before the C.A or SC [Cariño v. De Castro, G.R. 2) Concubinage
No. 176084 (2008)] Appeals or petitions for certiorari
filed by the private offended parties, without the 3) Seduction
consent or conformity of the OSG, will be dismissed for
lack of legal standing or personality [Austria v. AAA, G.R. 4) Abduction
No. 205275 (2022)].
5) Acts of Lasciviousness
Exception: In all cases elevated to the Sandiganbayan
and from the Sandiganbayan to the Supreme Court, the 6) Defamation
Office of Ombudsman, through its special prosecutor,
shall represent the People of the Philippines. Rationale: This was imposed out of consideration for
the aggrieved party who might prefer to suffer the
May a private prosecutor prosecute a case even in outrage in silence rather than go through with the
the absence of the public prosecutor? scandal of a public trial [People v. Yparraguirre, G.R. No.
124391 (2000)].

Adultery and Seduction, Abduction, Acts of Defamation, which

Concubinage Lasciviousness consists of imputation
of any of the foregoing
offenses
Who can file?
Offended party, it includes:

1) Minors, even independently of those in item b,

except if incompetent or incapable.

Reviewer by S.K.A Francisco | 11

 Laws on Legal Processes

2) Parents, grandparents, guardian – right to file shall

Offended Spouse be exclusive of all other persons and shall be Offended Party
exercised successively in this order.

3) State – Only if the offended party dies or becomes

incapacitated before she can file the complaint, and
she has no known parents, grandparents or
guardian.
Requirements
1) Must include both
guilty parties, if
both alive.
The offender must not have been pardoned by any of a and
2) Must not have b in the preceding column. None
consented to the
offense or
pardoned the
offenders

D. Complaint and Information As to where to file

May be filed either with Always filed with the
What is Complaint? (Sec. 3) the fiscal’s office or the court
court.
A complaint is a sworn written statement charging a
person with an offense, subscribed by the offended Q: Is the trial court divested of its jurisdiction over
party, any peace officer, or other public officer charged the person of the accused and over the offense
with the enforcement of the law violated [Section 3, Rule charged if the Information filed by the investigating
110]. prosecutor does not bear the imprimatur because of
the absence on its face of both the word "approved"
What is Information? (Sec. 4) and the signature of the authorized officer such as
the provincial, city or chief state prosecutor?
An information is an accusation in writing charging a
person with an offense subscribed by the prosecutor → A: NO. The handling prosecutor's authority,
and filed with the court [Sec. 4, Rule 110]. particularly as it does not appear on the face of
the Information, has no connection to the trial
Distinctions court's power to hear and decide a case. Hence,
Sec. 3(d), Rule 117, requiring a handling
Complaint Information prosecutor to secure a prior written authority or
As to form approval from the provincial, city or chief state
Must be “sworn” hence, Requires no oath prosecutor before filing an Information with the
under oath. courts, may be waived by the accused through
As to person authorized to file silence, acquiescence, or failure to raise such
Subscribed by: Subscribed by the ground during arraignment or before entering
prosecutor a plea. If, at all, such deficiency is merely formal
1) The offended party; and can be cured at any stage of the
proceedings in a criminal case.
2) Any peace officer; or
It is sufficient for the validity of the Information
3) Other public officers or Complaint, as the case may be, that the
charged with the Resolution from which the Information
enforcement of the stemmed bears the approval and signature of
law violated. the provincial, city or chief state prosecutor
whose approval is required. [Villa-Gomez vs.

Reviewer by S.K.A Francisco | 12

 Laws on Legal Processes

People]. 5) Place where the offense was committed [Sec. 6,

Rule 110]
Villa-Gomez vs. People (2020)
F. Remedy if the Information is not Sufficient
In previous cases, the handling prosecutor’s lack of
authority was considered a jurisdictional infirmity since ….
it supposedly resulted to lack of jurisdiction over the
offense charged and over the person of the accused. In G. Name of the Accused (Section 7)
Villa-Gomez, the Supreme Court explained its
misgivings on how a handling prosecutor’s lack of Rules in Designating the Name of the Accused
authority will divest the trial court of its jurisdiction over
the offense charged and over the person of the accused. 1) If the name is known: The name and surname of
the accused, or any appellation or nickname by
Firstly, there is no law that requires that an Information which he has been or is known.
filed must be signed by the provincial, city, or chief state
prosecutor in order for trial courts to acquire jurisdiction 2) If name cannot be ascertained: He must be
over a criminal case. Only a law may confer jurisdiction described under a fictitious name with a
to courts of law. Once jurisdiction isconferred, the statement that his true name is unknown.
jurisdiction does not cease simply because the
prosecutor who filed the Information had no authority. 3) If true name thereafter disclosed: Such true
At worst, the absence of authority on the part of the name shall be inserted in the complaint or
prosecutor who filed the Information only gives rise to information and in the records of the case [Sec.
a question on his standing in court. 7, Rule 110].

Secondly, this defect (which is just a formal defect not a Atty. Sison: While one or more persons, along with
jurisdictional defect) must be raised by the Accused specified and named accused, may be sued as “John
prior to entering his or her plea. Once a plea is made, Does”, an information against all accused described as
any defect in the Information is deemed waived except “John Does” is void; an arrest warrant against them is
those that pertain to Sections 3a (facts charged do not also void.
constitute an offense), 3b (lack of jurisdiction over the
offense), 3g (prescription), and 3i (double jeopardy) of H. Designation of the Offense (Section 8)
Rule 117 of the Rules of Court.
The Information or Complaint shall state:
E. Sufficiency of the Complaint or Information
1) The designation of the offense given by statute
A complaint or an information is deemed sufficient if it If the statute gives no designation to the
contains the following: offense, then reference shall be made to the
section or subsection punishing it;
(NANDP)
2) Averment of the acts or omissions constituting
Name of the accused; if the offense is committed by the offense; and
more than one person, all of them shall be included
in the complaint or information; 3) Specify the qualifying and aggravating
circumstances of the offense [Sec. 8, Rule 110].

1) Designation of the offense given by statute; Atty Sison: The rationale is the seriousness of a criminal
prosecution requires a clear specification of the offense
2) Acts or omissions complained of as constituting charged, consistently with the right of the accused to be
the offense; informed of the nature and cause of the accusation
against him. Also, this is essential to avoid surprise on
3) Name of the offended party; the part of the accused and to afford him the
opportunity to prepare his defense accordingly.
4) Approximate Date of the commission of the
offense; and People v. Solar (2019)

Reviewer by S.K.A Francisco | 13

 Laws on Legal Processes

1) GUIDELINES: In sum, the Court, continually aggravating or qualifying circumstance in the

cognizant of its power and mandate to promulgate rules Information, (i.e., whether he previously filed either a
concerning the protection and enforcement of motion to quash under Section 3(e), Rule 117, or a
constitutional rights, pleading, practice, and procedure motion for a bill of particulars) pursuant to this Decision.
in all courts, hereby lays down the following guidelines
for the guidance of the Bench and the Bar: 2) It is insufficient for prosecutors to indicate in an
Information that the act supposedly committed by the
a) Any Information which alleges that a qualifying or accused was done "with treachery" or "with abuse of
aggravating circumstance — in which the law uses a superior strength" or "with evident premeditation"
broad term to embrace various situations in which it without specifically describing the acts done by the
may exist, such as but are not limited to (1) treachery; accused that made any or all of such circumstances
(2) abuse of superior strength; (3) evident present.
premeditation; (4) cruelty — is present, must state the
ultimate facts relative to such circumstance. Otherwise, 3) WAIVABLE; Failure of the accused to avail any of the
the Information may be subject to a motion to quash said remedies constitutes a waiver of his right to
under Section 3 (e) (i.e., that it does not conform question the defective statement of the aggravating or
substantially to the prescribed form), Rule 117 of the qualifying circumstance in the Information, and
Revised Rules of Criminal Procedure, or a motion for a consequently, the same may be appreciated against him
bill of particulars under the parameters set by said if proven during trial.
Rules. Failure of the accused to avail any of the said
remedies constitutes a waiver of his right to I. Cause of Accusation (Section 9)
question the defective statement of the aggravating
or qualifying circumstance in the Information, and Section 9. Cause of the accusation. — The acts or
consequently, the same may be appreciated against omissions complained of as constituting the offense
him if proven during trial. Alternatively, prosecutors and the qualifying and aggravating circumstances must
may sufficiently aver the ultimate facts relative to a be stated in ordinary and concise language and not
qualifying or aggravating circumstance by referencing necessarily in the language used in the statute but in
the pertinent portions of the resolution finding terms sufficient to enable a person of common
probable cause against the accused, which understanding to know what offense is being charged
resolution should be attached to the Information in as well as its qualifying and aggravating circumstances
accordance with the second guideline below. and for the court to pronounce judgment. (9a)

b) Prosecutors must ensure compliance with Section 8 This legal provision (Section 9) emphasizes that when
(a), Rule 112 of the Revised Rules on Criminal Procedure describing the acts or omissions that make up a crime, as well
that mandates the attachment to the Information the as any qualifying or aggravating factors, the language used
should be clear and straightforward. It doesn't have to follow
resolution finding probable cause against the accused.
the exact wording of the law but should be expressed in a way
Trial courts must ensure that the accused is furnished a
that an ordinary person can easily understand what offense is
copy of this Decision prior to the arraignment. being alleged and what circumstances are involved. The goal
is to provide enough information for both the accused and the
3) Cases which have attained finality prior to the court to comprehend the charges and make a fair judgment.
promulgation of this Decision [August 19, 2019] will
remain final by virtue of the principle of conclusiveness J. Place of the Commission of the Crime (Section
of judgment. 10))

4) For cases which are still pending before the trial court, General Rule: The complaint or information is sufficient
the prosecution, when still able, may file a motion to if it can be understood from its allegations that the
amend the Information pursuant to the prevailing Rules offense was committed or some of its essential
in order to properly allege the aggravating or qualifying ingredients occurred at some place within the
circumstance pursuant to this Decision. jurisdiction of the court.

5) For cases in which a judgment or decision has already Exception: If the particular place where it was
been rendered by the trial court and is still pending committed constitutes an essential element of the
appeal, the case shall be judged by the appellate court offense charged or is necessary for its identification
depending on whether the accused has already waived (e.g., trespass to dwelling, destructive arson, robbery in
his right to question the defective statement of the an inhabited place) [Sec. 10, Rule 110].

Reviewer by S.K.A Francisco | 14

 Laws on Legal Processes

If a complaint or information makes it clear that a crime 2) Any of its essential ingredients occurred [Sec.
happened somewhere within the jurisdiction (authority) of the 15(a), Rule 110].
court, it's usually enough.
Section 15. Place where action is to be instituted. —
There's a special rule for cases where the specific place where
the crime occurred is super important. For example, if the law
(a) Subject to existing laws, the criminal action shall be
says a crime like trespassing, arson, or robbery needs to
instituted and tried in the court of the municipality or
happen in a particular kind of place (like a house), then the
complaint or information has to mention that specific place. territory where the offense was committed or where any
of its essential ingredients occurred.
Purpose
(b) Where an offense is committed in a train, aircraft, or
To show territorial jurisdiction of the court. other public or private vehicle while in the course of its
trip, the criminal action shall be instituted and tried in
For example, in a case for murder, where the the court of any municipality or territory where such
information alleges that the victim was shot on Ayala train, aircraft or other vehicle passed during such its trip,
Avenue, but the evidence presented shows that the including the place of its departure and arrival.
shooting took place along Paseo de Roxas, the accused
may still be convicted since the place of actual (c) Where an offense is committed on board a vessel in
commission is within Makati City and the place of the course of its voyage, the criminal action shall be
commission is not an essential place of the offense instituted and tried in the court of the first port of entry
charged. or of any municipality or territory where the vessel
passed during such voyage, subject to the generally
Regarding the essential element of the place where the accepted principles of international law.
offense was committed, the law generally requires that
piracy occur on the high seas or in Philippine waters. The (d) Crimes committed outside the Philippines but
specific language may vary, but typically, it is essential punishable under Article 2 of the Revised Penal Code
to establish the location of the offense to determine the shall be cognizable by the court where the criminal
jurisdiction and applicability of the law. action is first filed. (15a)

In the case of piracy, the place of commission is crucial

for its identification and prosecution. The high seas refer K. Date of the Commission (Section 11)
to waters beyond the territorial jurisdiction of any
country, while Philippine waters pertain to the maritime General Rule: It is not necessary to state the precise
zones falling under the sovereignty or jurisdiction of the date the offense was committed. The offense may be
Philippines. alleged to have been committed on a date as near as
possible to the actual date of the commission.
For a prosecution to succeed, the authorities need to
establish that the alleged acts of piracy occurred within Exception: When the date is a material ingredient of the
the defined geographical limits. The location becomes offense [Sec. 11, Rule 110].
an essential element as it determines the legal
framework under which the offense is addressed. If the One example of a crime in the Philippines where the specific
date is a material ingredient is the crime of bigamy under
offense happened outside Philippine waters, it might fall
Article 349 of the Revised Penal Code.
under international jurisdiction, and the prosecution
could involve cooperation with other states or Bigamy (Article 349, Revised Penal Code):
international organizations.
Elements:
Venue of Criminal Actions
1) The offender has been legally married.
General Rule: Venue is criminal cases is jurisdictional. In 2) The marriage has not been legally dissolved or, in
all criminal prosecutions, the action must be instituted case the spouse is absent, the absent spouse could
and tried in the courts of the municipality or territory not yet be presumed dead according to the Civil
where: Code.
3) The offender contracts a second or subsequent
marriage.
1) The offense was committed, or
4) The second or subsequent marriage is void under the
law.

Reviewer by S.K.A Francisco | 15

 Laws on Legal Processes

Importance of Specific Date: 1) Natural Person: The complaint or information must

state the name and surname of the offended party
In bigamy cases, the specific date of the second marriage is or any appellation or nickname by which such person
crucial to establish that the accused contracted the second
has been or is known.
marriage while the first marriage was still subsisting. It helps
determine the validity of the subsequent marriage and
whether the accused has indeed committed the crime of If there is no better way of identifying him, he must
bigamy. be described under a fictitious name.

On June 15, 2023, John Doe, a resident of Manila, legally If later on, the true name of the offended party is
married Jane Smith in a church ceremony. Their marriage was disclosed or ascertained, the court must cause such
duly registered with the local civil registrar. true name to be inserted [Sec. 12(b), Rule 110].

During their marriage, John Doe faced difficulties in his

2) In offenses against property, and the name of the
marriage with Jane due to work stress. Their financial strain
offended party is unknown: The property must be
added to the tension, leading to frequent arguments. Amidst
these challenges, John found solace in the company of a described with such particularity as to properly
colleague named Mary. Their friendship turned into an affair. identify the offense charged.

As Jane confronted John about their struggling marriage, he 3) If the true name of the person against whom or
felt torn between fixing things with Jane or starting anew with against whose property, the offense was committed
Mary. In a moment of confusion and emotional turmoil, John is thereafter disclosed: The court must cause such
made a decision to marry Mary without legally ending his true name to be inserted in the complaint or
marriage with Jane.
information and the record.
On February 1, 2024, John Doe, without the knowledge of his
first wife Jane, entered into a second marriage with Mary 4) If the offended party is a juridical person: It is
Johnson in a civil ceremony in Makati City. This second sufficient to state its name, or any name or
marriage was also registered with the local civil registrar. designation by which it is known or may be
identified, without need of averring that it is a
Importance of Specific Date: juridical person [Sec. 12, Rule 110].

In this scenario, the specific date, February 1, 2024, is crucial

M. Duplicity of the Offense (Section 13)
to establishing the elements of the crime of bigamy:

Duplicity presupposes that there is a joinder of distinct

Legal Marriage: John Doe was legally married to Jane Smith
on June 15, 2023. offenses in one complaint or information [Riano,
Criminal procedure, 2019 edition, p. 107].
Marriage Not Legally Dissolved: As of February 1, 2024, John's
marriage to Jane had not been legally dissolved. "Duplicity" in legal terms refers to the presence of more than
one offense in a single complaint or information.
Second Marriage Contracted: On February 1, 2024, John
entered into a second marriage with Mary Johnson. General Rule: A single complaint or information must
charge only one offense.
Void Marriage: The second marriage is void under the law
because John Doe was still legally married to Jane at the time Exception: More than one offense may, however, be
of contracting the second marriage. charged under one complaint or information when the
law prescribed a single punishment for various offenses.
The specific date becomes crucial for proving that the
elements of bigamy are present and that John Doe committed
Examples on the Exceptions to the Rule on Duplicity:
the offense by contracting a second marriage while the first
one was still valid. The timeline helps establish the sequence
1) Continuous crimes
of events and is essential in determining the criminal liability
for bigamy under Article 349 of the Revised Penal Code. 2) Complex crimes
3) Special complex crimes
L. Name of the Offended Party (Section 12) 4) Crimes susceptible of being committed in
various mode; and
The offended party is the person against whom or 5) Crimes of which another offense is an
against whose property the offense was committed ingredient.
[Sec. 12, Rule 110].
Complex Crimes:

Reviewer by S.K.A Francisco | 16

 Laws on Legal Processes

Example: Robbery with Homicide. 2019)

Explanation: In a complex crime, two or more offenses are Procedure for Amendment of Complaint or
committed but treated as a single offense. In the case of Information
robbery with homicide, the act of robbery and the act of
causing the death of a person are treated as a single crime.
Kind of Amendment to How is Amendment
Robbery and homicide are distinct offenses, but if someone
be Made Made?
commits robbery and, in the course of the robbery, causes the
death of another person, it becomes a complex crime of Before the accused enters his plea
robbery with homicide. In this scenario, the act of robbery and General Rule:
the act resulting in homicide are so closely linked that they are
charged together as a single offense. 1) Formal amendment;
or Without leave of court
Purpose 2) Substantial
amendment.
To give the defendant the necessary knowledge of the Exceptions: 1) Upon motion by the
charge to enable him to prove his defense. The State prosecutor;
should not heap upon the defendant two or more Any amendment which:
charges which might confuse him in his defense. 1) downgrades the 2) With notice to the
nature of the offense offended party; and
Clarity and Fairness: Duplicity ensures that the accused is
clearly informed of the charges against them. If multiple
charged in; or
offenses are charged in a single complaint, it might lead to 3) With leave of court
confusion, making it challenging for the accused to prepare 2) Excludes any accused
an effective defense. from the complaint or
information.
Remedy After plea and during the trial
Formal Amendment 1) With leave of court;
Filing of a Motion to Quash [Sec. 12, Rule 110]. and

Objections/Waiver 2) When it can be done

without causing
An objection must be timely interposed whenever a
prejudice to the rights
complaint or information charges more than one
of the accused.
offense. Failure of the accused to interpose an objection
on the ground of duplicity of the offenses charged in NOTE: If it appears at any time before judgment that a
the information constitutes waiver. mistake has been made in charging the proper offense,
the court shall dismiss the original complaint or
Example: When two or more offenses are charged in a
information upon the filing of a new one charging the
single complaint or information, the accused must
proper offense in accordance with section 19, Rule 119,
object to such fact before trial. If he does not so object,
provided the accused shall not be placed in double
the court may convict him of as many offenses as are
jeopardy. The court may require the witnesses to give
charged and proved and impose on him the penalty for
bail for their appearance at the trial. (14a)
each offense [Sec. 2, Rule 120].
Formal Amendment
N. Amendment and Substitution (Section 14)
A formal amendment is made when:
An amendment is the correction of an error or an
omission in a complaint or an information. 1) It neither affects nor alters the nature of the
offense charged;
Under Sec. 1, Rule 10 of the Rules of Court, it is effected
by adding or striking out an allegation or the name of 2) The charge does not deprive the accused of a
any party, or by correcting a mistaken or inadequate fair opportunity to present his defense; or
allegation or description in any other respect, so that
the actual merits of the controversy may speedily be 3) It does not involve a change in the basic theory
determined, without regard to technicalities, and in the of the prosecution.
most and expeditious and inexpensive manner. (Riano,

Reviewer by S.K.A Francisco | 17

 Laws on Legal Processes

Effect of a Formal Amendment another preliminary another preliminary

investigation and investigation and plea to
There is no need for another preliminary amendment retaking of plea of the the new information
and retaking of the plea of the accused if such were accused.
already conducted. As to the offense charged
An amended information Requires or presupposes
Substantial Amendment refers to the same that the new information
offense charged in the involves a different
An amendment is substantial when it covers matters
original information or to offense which does not
involving the recital of facts constituting the offense
an offense which include or is not
charged and determinative of the jurisdiction of the
necessarily includes or is necessarily included in
court.
necessarily included in the original charge;
the original charge, hence, the accused
When Substitution is Proper?
hence, substantial cannot claim double
amendments to the jeopardy.
If it appears any time before judgment that a mistake
information after the
has been made in charging the proper offense, the court
plea has been taken
shall dismiss the original complaint or information upon
cannot be made over
the filing of a new one charging the proper offense,
the objection of the
provided the accused shall not be placed in double
accused, for if the
jeopardy [Sec. 14, Rule 120].
original would be
Limitations on Substitution (2002 BAR) withdrawn, the accused
could invoke double
1) No judgment has yet been rendered; jeopardy.

2) The accused cannot be convicted of the offense

charged or of any other offense necessarily
included therein; and

3) The accused would not be placed in double

jeopardy [Herrera, 2007].

Effect of a Substitution

Substitution of the information entails another

preliminary investigation and plea to the new
information.

Amendment vs. Substitution (2001, 2002 BAR)

Amendment Substitution
As to the changes involved
May involve either formal Involves substantial
or substantial changes. change from the original
charge.
As to leave of court
Amendment before the It must be with leave of
plea is entered can be court as the original
effected without leave of information has to be
court. dismissed.
As to the requirements of another preliminary
investigation
An amendment as to Substitution of the
form will not require information entails

Reviewer by S.K.A Francisco | 18

Laws on Legal Processes

WEEK 3
I. PROSECUTION OF CIVIL ACTION
(RULE 111)

A. When should you reserve the prosecution of

civil action and when shall reservation be made?

Reservation of the Civil Action

The reservation of the right to institute separately the

civil action shall be made:

1) Before the prosecution starts presenting its

evidence; and

2) Under circumstances that would afford the

offended party a reasonable opportunity to
make such reservation [Sec. l(a), Rule 111].

No reservation of the civil action in BP 22

The criminal action in BP 22 shall be deemed to include

the corresponding civil action. No reservation to file
such civil action separately shall be allowed.

It should be observed that what the rule prohibits is the

filing of a reservation to file the civil action arising from
BP 22. It does not prohibit the waiver of the civil action
or the institution of the civil action prior to the criminal
action.

Filing Fees

• The offended party pays full filing fees based on

the amount of the involved check upon filing the
joint criminal and civil actions.

• Additional filing fees are required if the complaint

seeks to recover other damages (liquidated, moral,
nominal, temperate, or exemplary).

• If damages are not alleged but are subsequently

awarded, the filing fees based on the awarded
amount become a first lien on the judgment.

B. Consequences when the civil liability is instituted

Reviewer by S.K.A Francisco | 19

 Laws on Legal Processes

with the criminal action? • If the offended party seeks moral, nominal,
temperate, or exemplary damages without
A single act or omission that causes damage to an specifying the amount, the filing fees constitute a
offended party may give rise to two separate civil first lien on the judgment awarding such damages.
liabilities on the part of the offender:
• If the damages, other than actual, are specified, the
1) Civil liability ex delicto offended party pays the corresponding filing fees
upon filing.
2) Independent civil liability
1) Civil Liability Ex Delicto • No filing fees are required for actual damages,
except as otherwise provided.
General Rule: When a criminal action is instituted, the
civil action for the recovery of the civil liability arising Counterclaim, cross-claim, third-party claim in a
from the offense charged shall be deemed instituted criminal action
with the criminal action.
• The accused in the criminal case cannot file
Exception: Unless the offended party counterclaims, cross-claims, or third-party
complaints.
1) Waives the civil action;
• However, any cause of action that could have been
2) Reserves the right to institute it separately; or the subject of such claims may be litigated in a
separate civil action [Sec. 1(a), Rule 111].
3) Institute the civil action prior to criminal action
[Sec. 1(a), Rule 111]. C. When may civil action proceed independently?

Basis 2) Independent Civil Liability

The reason for the implied institution of the criminal Civil liability that may be pursued independently of the
action is the principle that every person criminally liable criminal proceedings. These are in cases provided under
for a felony is also civilly liable [Art. 100, RPC]. the following Articles in the New Civil Code:

Purpose a) Article 32 – Any public officer or employee, or

any private individual, who directly or indirectly
A separate civil action would only prove to be costly, obstructs, defeats, violates or in any manner
burdensome and time-consuming for both parties and impedes or impairs any of the rights and
further delay the final disposition of the case. The liberties of another person shall be liable to the
multiplicity of suits must be avoided. With the implied latter for damages.
institution of the civil action in the criminal action, the
two actions are merged into one composite proceeding, b) Article 33 – In cases of defamation, fraud, and
with the criminal action predominating the civil. physical injuries a civil action for damages,
entirely separate and distinct from the criminal
Purposes of the Criminal and Civil Actions
action may be brought by the injured party.
Such civil action shall proceed independently of
Criminal Civil
the criminal prosecution, and shall require only
To punish the offender in For the resolution,
a preponderance of evidence.
order to deter him and reparation or
others from committing indemnification of the
c) Article 34 – When a member of a city or
the same or similar private offended party
municipal police force refuses or fails to render
offense, to isolate him for the damage or injury
aid or protection to any person in case of
from society, reform and he sustained by reason of
danger to life or property, such peace officer
rehabilitate him or, in the delictual or felonious
shall be primarily liable for damages, and the
general, to maintain act of the accused.
city or municipality shall be subsidiarily
social order
responsible therefor. The civil action herein
recognized shall be independent of any criminal
Filing Fees for Civil Actions
proceedings, and a preponderance of evidence

Reviewer by S.K.A Francisco | 20

 Laws on Legal Processes

shall suffice to support such action. be [Sec. 1(a), Rule 111].

d) Article 2176 – In case of quasi delicts E. Prejudicial Question

General Rule: Independent civil actions under Articles A prejudicial question is an issue involved in a civil case
32, 33, 34 and 2176 of the Civil Code: which is similar or intimately related to the issue raised
in the criminal action, the resolution of which
1) May be brought by the offended party; determines whether or not the criminal action may
proceed.
2) Proceed independently of criminal action; and
Reason: The reason behind the principle of a prejudicial
3) Require only a preponderance of evidence. question is to avoid two conflicting decisions in the civil
case and in the criminal case.
Exception: The offended party cannot recover damages
twice for the same act or omission charged in the Elements of Prejudicial Question
criminal action.
1) The previously instituted civil action involves an
NOTE: This is subject to the rule prohibiting double issue similar or intimately related to the issue
recovery. raised in the subsequent criminal action, and

D. Effect of Death of the Accused 2) The resolution of such issue determines

whether or not the criminal action may proceed
Accused dies General Rule: Civil liability arising [Sec. 7, Rule 111].
after from the offense (civil liability ex
arraignment delicto) committed is NOTE: For the principle of prejudicial question to apply,
and during the EXTINGUISHED. it is essential that there be two cases involved, invariably
pendency of a civil case and a criminal case. Hence, it may not be
the criminal Exceptions: invoked when:
action
1) Independent civil action 1) Both cases are criminal;
instituted based on Arts. 32,
33, 34 and Art. 2176 of the 2) Both are civil;
NCC; or
3) Both are administrative;
2) Civil liability predicated on
other sources of obligations, 4) One case is administrative, and the other is civil;
i.e., law, contract, and quasi or
contract, which are
subsequently instituted. 5) One case is administrative and the other is
Accused dies Case shall be DISMISSED but the criminal.
before offended party may file the
arraignment proper civil action against the Further, the law limits a prejudicial question to a
estate of the deceased. previously instituted civil action not to a subsequent
Accused dies 1) Civil liability arising from the one.
during the crime is EXTINGUISHED; or
The tenor of Sec. 7, likewise, presupposes that the issue
pendency of
that leads to a prejudicial question is one that arises in
his 2) Civil liability predicated from
the civil case and not in the criminal case. The former
appeal another source SURVIVES i.e.,
needs to be resolved first before it is determined
civil liability arising from law,
whether or not the criminal case should proceed or
contracts, quasi-contract, and
whether or not there should be, in the criminal case, a
quasi-delict.
judgment of acquittal or conviction [Riano, 2019].
NOTE: In Nos. 1 and 3(b), the civil action may be
Where to file petition for suspension by reason of
continued against the estate or legal representative of
prejudicial question?
the accused after proper substitution, as the case may

Reviewer by S.K.A Francisco | 21

 Laws on Legal Processes

A petition for the suspension of the criminal action Purposes of Preliminary Investigation
based on a prejudicial question in a civil action may be
filed either in the: The purposes of a preliminary investigation are to
determine whether:
1) Office of the prosecutor; or
1) A crime has been committed; and
2) The court conducting the preliminary
investigation [Sec. 6, Rule 111]. 2) There is probable cause to believe that the
accused is guilty thereof [Artillero v. Casimiro,
Timing for Filing During Trial G.R. No. 190569, April 25, 2012].

If the criminal action has been filed in court for trial, the C. Instances When Probable Cause Need to be
petition to suspend must be filed in the same criminal Established
action. This can be done at any time before the
prosecution rests [Sec. 6, Rule 111]. Who determines Purpose of
Determination
II. PRELIMINARY INVESTIGATION Investigating Officer To determine whether
[Secs. 1 & 3, Rule 112] there is sufficient ground
(RULE 112)
to engender a well-
founded belief that a
A. Definition crime has been
committed, that the
Preliminary investigation is an inquiry or proceeding
respondent is probably
to determine whether there is sufficient ground to
guilty thereof, and
engender a well-founded belief that a crime has been
should be held for trial.
committed and the respondent is probably guilty
thereof, and should be held for trial [Sec 1, Rule 112].
Required before the
filing of a complaint or
B. Nature of Preliminary Investigation
information for an
Preliminary investigation is a mere inquiry or a offense where the
proceeding. It is not, therefore, a trial and so does not penalty prescribe by law
involve the examination of witnesses by way of direct or is > 4 years, 2 months,
cross-examinations. Its purpose is not to declare the and 1 day.
respondent guilty beyond reasonable doubt but only to Judge [Secs. 5 & 8, Rule To determine whether a
determine first, whether or not a crime has been 112] warrant of arrest or a
committed and second, whether or not the respondent commitment order shall
is "probably guilty" of the crime. The question to be be issued and that there
answered in a preliminary investigation is not: "Is the is a necessity of placing
respondent guilty or is he innocent?" More accurately, respondent under
the question sought to be answered is: "Is the immediate custody in
respondent probably guilty and therefore, should go to order not to frustrate the
trial? [Riano, 2011]. ends of justice.
Peace Office or Private When making a
It is merely inquisitorial and a means of determining the Person [Sec. 5, Rule 113] warrantless arrest, and he
persons who may be reasonably charged with a crime. has probable cause to
It is not a trial of the case on the merits. believe based on
personal knowledge of
The right of an accused to a preliminary investigation is facts or circumstances
not a constitutional right but merely a statutory right. that the person to be
Nonetheless, it is a component part of due process in arrested has committed
criminal justice and is a substantive right. It is subject to it.
the requirements of both substantive and procedural Judge [Sec. 4, Rule 126] To determine whether a
due process [Duterte v. Sandiganbayan, G.R. No. search warrant shall be
130191, April 27, 1998]. issued

Reviewer by S.K.A Francisco | 22

 Laws on Legal Processes

Probable Cause pertains to facts and circumstances or respondent is and therefore a

sufficient to support a well-founded belief that a crime probably guilty warrant of arrest is
has been committed and the accused is probably guilty thereof. This is issued. This is
thereof. conducted by conducted by the
the prosecutor. judge.
Probable cause need not be based on evidence
establishing absolute certainty of guilt. While probable [Riano, Criminal Procedure, 2019 Edition, p. 199]
cause demands more than "bare suspicion," it requires
"less than evidence which would justify conviction." E. Officers Authorized by Law to Conduct PI

Kinds of Determination of Probable Cause Who May Conduct Preliminary Investigation?

Executive Judicial Determination As provided by the As Provided by Other

Determination Rules of Court Laws
One made during One made by the judge 1) Provincial/city 1) COMELEC: Over all
preliminary investigation. to ascertain whether a prosecutors and their election offenses
It is a function that warrant of arrest should assistants punishable under the
properly pertains to the be issued against the Omnibus Election
public prosecutor who is accused. The judge must 2) National and regional Code. [Sec. 2(6), Art.
given a broad discretion satisfy himself that based state prosecutors IX-C, Constitution;
to determine whether on the evidence Sec. 265, BP881
probable cause exists submitted, there is 3) Other officers as may (Omnibus Election
and to charge those necessity for placing the be authorized by law Code), as amended
whom he believes to accused under custody in [Sec. 2, Rule 112, as by Sec. 43, RA 9369]
have committed the order not to frustrate the amended by A.M. No.
crime as defined by law ends of justice. If the 05-8-26- SC] 2) Ombudsman over
and thus should be held judge finds no probable cases public officers
for trial cause, the judge cannot and employees [Sec.
be forced to issue the 15[1], RA 6770
arrest warrant. (Ombudsman Act of
1989)]
[Compendious Bar Reviewer on Remedial Law, 2023
Edition, pg. 508] 3) Presidential
Commission on Good
D. Preliminary Investigation vs. Preliminary Governance with
Examination assistance of the OSG:
over cases
Distinctions of preliminary investigation and investigated by it)
preliminary examination [EO14, (1986)]

Preliminary Preliminary F. Power of Ombudsman to Conduct Preliminary

Investigation Examination Investigation
Quantum of Probable Cause Probable Cause
Evidence Determination of Probable Cause Made by the
Nature Executive Judicial function Ombudsman
function
Purpose For the filing of For the issuance or The Ombudsman is authorized to conduct PI and to
information. non-issuance of prosecute all criminal cases involving public officers and
the warrant of employees, not only those within the jurisdiction of the
arrest Sandiganbayan, but also those within the jurisdiction of
Definition A process to A process to regular courts as well [Uy v. Sandiganbayan, G.R. No.
determine determine the 105965-70 (2001)].
whether a crime probability also of
is committed, the accused having G. Inquest Proceedings
and the accused committed a crime

Reviewer by S.K.A Francisco | 23

 Laws on Legal Processes

An inquest is an investigation conducted by a Request for Before the complaint or

prosecutor in criminal cases where a person has been Preliminary information is filed, the person
lawfully arrested and detained without a warrant of Investigation arrested has the right to ask for a
arrest. It is informal and summary and its purpose is to by the Arrested preliminary investigation according
determine whether or not the person detained should Person: to the Rule.
remain under custody and then charged in court.
However, the arrested person must
An inquest is not a preliminary investigation. It is a sign a waiver of the provisions of
summary investigation and which does not follow the Article 125 of the Revised Penal
procedures set forth in Sec. 3 of Rule 112 of the Rules Code in the presence of his counsel.
of Court.
The waiver essentially means the
Procedure for Conduct of Inquest (Section 7, Rule arrested person agrees not to be
112) released based on the provisions of
Article 125, which governs the
When An inquest proceeding is period of detention without judicial
conducted? conducted when a person is warrant.
lawfully arrested without a warrant
involving even also an offense Despite the waiver, the arrested
which requires a preliminary person may apply for bail. The
investigation [Sec. 7, Rule 112]. preliminary investigation must be
Who The inquest is conducted by a terminated within 15 days from its
Conducts? public prosecutor. inception.
Filing of a 1) Filing by Prosecutor – If an Request for After the complaint or information
complaint or inquest prosecutor is available, Preliminary is filed in court without a
information they file the complaint or Investigation preliminary investigation, the
information without the need after Filing: accused has the right to request a
for a preliminary investigation. preliminary investigation within 5
days from learning about its filing.
2) Filing by Offended Party or
Peace Officer – In the absence The accused has the same right to
or unavailability of an inquest adduce evidence in his defense
prosecutor, the offended party during this preliminary
or a peace officer may directly investigation as provided in the
file the complaint with the Rule.
proper court based on the
affidavit of the offended party NOTE: The reference to Section 2 of R.A. No. 7438
or the arresting officer. indicates that the rights of the person arrested during
an inquest are protected, and this section should be
considered alongside the provisions of the Revised
Rules on Criminal Procedure.

Procedure for the Conduct of Preliminary

investigation

1) Filing of Complaint

• The complaint should state the address of

the respondent.

• Accompanied by:

→ Affidavits of the complainant and

witnesses.

Reviewer by S.K.A Francisco | 24

 Laws on Legal Processes

→ Other supporting documents to In their absence or unavailability, before a notary

establish probable cause. public.

• The number of copies should match the Certification is required from the administering
number of respondents, with an additional official, confirming that they personally examined
two copies for the official file. the affiants and are satisfied that they voluntarily
executed and understood their affidavits.
• Affidavits must be subscribed and sworn
to: (b) Initial Action by Investigating Officer:

→ Before any prosecutor or Within ten (10) days after filing, the investigating
government official authorized to officer takes one of the following actions:
administer an oath.
Dismiss the complaint if there is no ground to
continue the investigation.
→ In their absence or unavailability,
before a notary public.
Issue a subpoena to the respondent, attaching a
copy of the complaint and supporting affidavits.
• Certification is required from the
administering official, confirming that they
The respondent has the right to examine the
personally examined the affiants and are
evidence submitted by the complainant and can
satisfied that they voluntarily executed and
copy them at his expense.
understood their affidavits.
If evidence is voluminous, the complainant may be
2) Initial Action by Investigating Officer required to specify the evidence to be presented
against the respondent.

Objects as evidence need not be furnished but

Certainly! Here's the breakdown of the procedure
should be made available for examination, copying,
for conducting a preliminary investigation as
or photographing at the requesting party's expense.
outlined in Section 3:
(c) Counter-Affidavit Submission by Respondent:

Within ten (10) days from receipt of the subpoena,

(a) Filing of Complaint:
the respondent must submit:

His counter-affidavit.
The complaint should state the address of the
Counter-affidavits of his witnesses.
respondent.
Other supporting documents relied upon for his
Accompanied by:
defense.
Affidavits of the complainant and witnesses.
Counter-affidavits should be subscribed, sworn to,
and certified in a manner consistent with paragraph
Other supporting documents to establish probable
(a).
cause.
The respondent is not allowed to file a motion to
The number of copies should match the number of
dismiss in lieu of a counter-affidavit.
respondents, with an additional two copies for the
official file.
(d) Resolution in Absence of Respondent's Counter-
Affidavits:
Affidavits must be subscribed and sworn to:

Before any prosecutor or government official

authorized to administer an oath.
If the respondent cannot be subpoenaed or, when

Reviewer by S.K.A Francisco | 25

 Laws on Legal Processes

subpoenaed, does not submit counter-affidavits

within the ten (10) day period, the investigating
officer shall resolve the complaint based on the
evidence presented by the complainant.

(e) Hearing and Clarification:

The investigating officer may set a hearing if there

are facts and issues to be clarified.

Parties can be present at the hearing but without the

right to examine or cross-examine.

Questions may be submitted to the investigating

officer to be asked to the party or witness
concerned.

The hearing shall be held within ten (10) days from

the submission of counter-affidavits or the
expiration of the period for submission and shall be
terminated within five (5) days.

(f) Determination of Grounds for Trial:

Within ten (10) days after the investigation, the

investigating officer shall determine whether there
is sufficient ground to hold the respondent for trial.

❖ B
e
f
o
r
e
a
n
y
p
r
o
s
e
c
u
t
o
r
o
r
g
o
v
e
r
n

Reviewer by S.K.A Francisco | 26

Laws on Legal Processes

c
u
t
o
r
o
r
g
o
v
e
r
n
m
e
n
t
o
f
f
i
c
i
a
l
a
u
t
h
o
r
i
z
e
d
t
o
a
d
m
i
n
i
s
t
e
r
a
n
o
a
t
h
.
❖

Reviewer by S.K.A Francisco | 27

Laws on Legal Processes

Reviewer by S.K.A Francisco | 28