Module 3.1: Criminal Procedure - General Provisions and Prosecution of Offenses

1. Learning Objectives

By the end of this module, you should be able to:

Understand the fundamental principles of criminal procedure in the Philippines.
Differentiate between a complaint and an information, and identify who can file them.
Determine the sufficiency of a complaint or information and the effects of duplicity of offense.
Explain the concept of criminal jurisdiction and venue in criminal cases.
Describe the process of preliminary investigation and when it is required.

2. CRIMINAL PROCEDURE OVERVIEW

Definition: Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction. It governs the series of proceedings from the initiation of criminal action until its finality.
Purpose: To provide a system for the fair and orderly administration of criminal justice, ensuring that the rights of both the state and the accused are protected.
Governing Rules: The primary source of rules for criminal procedure in the Philippines is the Revised Rules of Criminal Procedure, found in Rules 110 to 127 of the Rules of Court.
Jurisdiction in Criminal Cases: For a court to have authority to hear and decide a criminal case, it must have:
1. Jurisdiction over the subject matter: The authority to hear the type of crime alleged.
2. Jurisdiction over the territory: The authority to hear cases committed within its geographical boundaries.
3. Jurisdiction over the person of the accused: Acquired through arrest or voluntary submission.

3. PROSECUTION OF OFFENSES (Rule 110)

A. HOW CRIMINAL ACTIONS ARE INSTITUTED

Criminal actions are initiated either by filing a complaint or an information.

For offenses requiring preliminary investigation: By filing a complaint with the proper officer for the purpose of conducting a preliminary investigation.
For all other offenses: By filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.

B. COMPLAINT

Definition: A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
Contents:
1. Name of the accused.
2. Designation of the offense by the statute.
3. The acts or omissions complained of as constituting the offense.
4. Name of the offended party.
5. The approximate date of the commission of the offense.
6. The place where the offense was committed.
Who can file:
- The offended party.
- Any peace officer (e.g., police officer).
- Other public officers charged with enforcing the specific law violated.

C. INFORMATION

Definition: An accusation in writing charging a person with an offense, subscribed by the prosecutor, and filed with the court.
Contents: The contents are the same as a complaint, but it is signed and endorsed by the prosecutor.
Who can file: Only a prosecutor can sign and file an information.
Sufficiency of Information: An information is considered sufficient if it states:
1. The name of the accused.
2. The designation of the offense.
3. The acts constituting the offense.
4. The name of the offended party.
5. The approximate date and place of the commission.

D. DESIGNATION OF OFFENSE

The information must state the designation of the offense as given by the statute.
Qualifying and aggravating circumstances must be specifically alleged in the information. If not alleged, they cannot be considered for imposing a higher penalty, even if proven during the trial. They will be treated as generic aggravating circumstances.

E. DUPLICITY OF OFFENSE (Rule 110, Sec. 13)

General Rule: A complaint or information must charge only one offense.
Purpose: To avoid surprising the accused and to allow them to prepare an adequate defense for a single alleged crime.
Exception: When the law prescribes a single punishment for various offenses, such as in complex crimes (e.g., when one offense is a necessary means for committing the other).

4. CRIMINAL JURISDICTION (Rule 110)

Territorial Jurisdiction: The court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred has jurisdiction.
Jurisdiction over the Subject Matter: Determined by the law in force at the time of the institution of the action. It is conferred by law and cannot be waived.
- Municipal Trial Courts (MTC): Have exclusive original jurisdiction over offenses punishable with imprisonment not exceeding 6 years.
- Regional Trial Courts (RTC): Have exclusive original jurisdiction over offenses punishable with imprisonment exceeding 6 years.
Sandiganbayan Jurisdiction: Has exclusive original jurisdiction over criminal cases involving high-ranking public officials in relation to their office.

5. VENUE IN CRIMINAL CASES

General Rule: The criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
Exceptions:
1. Offenses under Article 157 (Failure to deliver prisoners) of the Revised Penal Code.
2. Cases where the Supreme Court orders a change of venue to avoid a miscarriage of justice.
3. Libel and Written Defamation: The action may be instituted in the Regional Trial Court of the province or city where the libelous article was printed and first published, or where any of the offended parties actually resided at the time of the commission of the offense.

6. PRELIMINARY INVESTIGATION (Rule 112)

A. DEFINITION AND PURPOSE

Definition: An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
Purpose: To secure the innocent against hasty, malicious, and oppressive prosecution and to protect them from an open and public accusation of crime, from the trouble, expense, and anxiety of a public trial.

B. WHO MAY CONDUCT

Provincial or City Prosecutors and their assistants.
Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts (in very limited cases where prosecutors are unavailable).
The Ombudsman and his deputies for cases cognizable by the Sandiganbayan.
Other officers as may be authorized by law.

C. WHEN REQUIRED

A preliminary investigation is required to be conducted before the 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 of imprisonment, without regard to the fine.

D. PROCEDURE

Filing of Complaint: The offended party, peace officer, or public officer files a complaint with the investigating prosecutor, accompanied by affidavits of witnesses.
Issuance of Subpoena: If the prosecutor finds sufficient ground, they will issue a subpoena to the respondent, attaching the complaint and affidavits.
Counter-Affidavit: The respondent submits a counter-affidavit and affidavits of their witnesses within ten (10) days from receipt of the subpoena.
Resolution: The prosecutor determines if there is probable cause. If there is, they prepare an information to be filed in court. If not, they recommend the dismissal of the complaint.

E. INQUEST PROCEDURE

When Conducted: An inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest.
Purpose: To determine whether or not the person detained should remain under custody and be charged in court.
Rights of Detained Person: The person under inquest has the right to request a preliminary investigation. However, they must sign a waiver of the provisions of Article 125 of the Revised Penal Code (Delay in the delivery of detained persons).

7. PROSECUTION OF CIVIL ACTION (Rule 111)

General Rule: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action.
This means: The same criminal case will also determine the civil liability of the accused (e.g., the amount of damages to be paid to the victim).
Exception: The offended party may waive the civil action, reserve the right to institute it separately, or institute the civil action prior to the criminal action.

8. Quick Review Summary Table

Concept	Description	Key Provision
Criminal Procedure	The legal process for prosecuting and punishing criminal offenders.	Rules 110-127, Rules of Court
Complaint	A sworn written statement by the offended party or a peace officer.	Rule 110, Sec. 3
Information	An accusation in writing subscribed by the prosecutor.	Rule 110, Sec. 4
Duplicity Rule	One information must charge only one offense.	Rule 110, Sec. 13
Jurisdiction (MTC)	Offenses punishable by imprisonment not exceeding 6 years.	B.P. 129
Jurisdiction (RTC)	Offenses punishable by imprisonment exceeding 6 years.	B.P. 129
Venue	Where the crime was committed.	Rule 110, Sec. 15
Preliminary Investigation	Required for offenses with penalties of at least 4 years, 2 months, 1 day.	Rule 112, Sec. 1
Inquest	Conducted for warrantless arrests to determine probable cause.	Rule 112, Sec. 6
Civil Action	Deemed instituted with the criminal action unless waived or reserved.	Rule 111, Sec. 1

9. Multiple Choice Practice Questions

What is the primary source of the rules on criminal procedure in the Philippines? a) The Civil Code b) The Revised Penal Code c) The Rules of Court d) The Philippine Constitution
A criminal action is instituted by filing a complaint or information. What is a complaint? a) An accusation in writing subscribed by the prosecutor. b) A sworn written statement subscribed by the offended party or a peace officer. c) A verbal accusation made before a judge. d) A resolution issued by the prosecutor.
Who is exclusively authorized to subscribe and file an information? a) The offended party b) A police officer c) The prosecutor d) A judge
An information was filed against "John Doe" for a crime punishable by 10 years of imprisonment. What is the mandatory proceeding before this filing? a) Inquest proceeding b) Arraignment c) Preliminary Investigation d) Pre-trial
When is a preliminary investigation required? a) For all criminal offenses. b) For offenses punishable by imprisonment of at least 6 years. c) For offenses where the penalty is at least 4 years, 2 months, and 1 day. d) Only for warrantless arrests.
The general rule is that a complaint or information must charge only one offense. What is this rule called? a) Rule on Single Accusation b) Rule against Duplicity of Offense c) Rule of One Crime d) Rule on Complex Crimes
Which court has jurisdiction over an offense punishable with imprisonment of 5 years? a) Municipal Trial Court (MTC) b) Regional Trial Court (RTC) c) Sandiganbayan d) Court of Appeals
Where is the proper venue for a criminal case? a) Where the accused resides. b) Where the offended party resides. c) Where the crime was committed. d) Any court in the Philippines.
What is the purpose of a preliminary investigation? a) To determine the guilt or innocence of the accused. b) To determine if there is probable cause to hold the accused for trial. c) To sentence the accused. d) To negotiate a plea bargain.
When is an inquest proceeding conducted? a) When the accused requests for it. b) When a person is arrested without a warrant. c) After an information has been filed in court. d) For all offenses requiring preliminary investigation.
What must be specifically stated in the information to be considered in imposing a higher penalty? a) The motive of the accused. b) The educational attainment of the accused. c) Qualifying and aggravating circumstances. d) The civil status of the accused.
A police officer arrested a suspect in the act of committing a crime. What procedure follows? a) The suspect is immediately sent to jail for trial. b) The suspect is brought to a prosecutor for inquest. c) The suspect must be released and charged later. d) The police officer files an information in court.
The general rule is that the civil action is deemed instituted with the criminal action. What is the exception? a) There are no exceptions. b) When the offended party waives or reserves the civil action. c) When the penalty is only a fine. d) When the accused is a public officer.
Which of the following is NOT a requisite for the sufficiency of an information? a) Name of the accused. b) Name of the judge. c) Designation of the offense. d) Approximate date of the commission.
Jurisdiction over the subject matter is determined by: a) The law in force at the time of the commission of the crime. b) The law in force at the time of the institution of the action. c) The agreement of the parties. d) The location of the courthouse.
A crime was committed in Quezon City. The accused lives in Manila. Where should the case be filed? a) Manila b) Quezon City c) Either Manila or Quezon City d) Pasig City
An information charges the accused with both theft and illegal possession of firearms. What is the remedy of the accused? a) File a motion to dismiss. b) File a motion to quash on the ground of duplicity of offense. c) Plead guilty to the lesser offense. d) Immediately proceed to trial.
In a preliminary investigation, the respondent is given how many days to submit a counter-affidavit? a) 5 days b) 10 days c) 15 days d) 30 days
Which of the following cannot file a complaint? a) The offended party b) A private citizen who witnessed the crime c) A police officer d) A public officer charged with enforcing the law violated
A person under inquest waives his right under Article 125 of the RPC. What does this mean? a) He agrees to be imprisoned immediately. b) He can no longer be charged with a crime. c) He is requesting a preliminary investigation and agrees to remain in detention. d) He is waiving his right to a lawyer.
Which court has jurisdiction over a criminal case against a high-ranking public official related to their office? a) Regional Trial Court b) Supreme Court c) Sandiganbayan d) Court of Tax Appeals
The process of bringing the accused into court to be read the charges is called: a) Preliminary Investigation b) Trial c) Arraignment d) Judgment
If an information fails to allege a qualifying circumstance, but it is proven during trial, it will be treated as: a) A basis for a higher penalty. b) A generic aggravating circumstance. c) A ground for dismissing the case. d) Irrelevant and will be ignored.
Acquiring jurisdiction over the person of the accused is done through: a) Filing of the information. b) Arrest or voluntary surrender. c) Issuance of a subpoena. d) Order of the court.
A case for libel can be filed in the RTC of the province where: a) The accused composes the libelous material. b) The libelous article was printed and first published. c) The owner of the printing press resides. d) The main office of the newspaper is located.

Answer Key & Explanations

c) The Rules of Court. Specifically, Rules 110-127 govern criminal procedure.
b) A sworn written statement subscribed by the offended party or a peace officer. This is the definition provided in Rule 110, Sec. 3. An information is subscribed by a prosecutor.
c) The prosecutor. Rule 110, Sec. 4, states that an information is subscribed by the prosecutor.
c) Preliminary Investigation. Rule 112 requires a preliminary investigation for offenses where the penalty is at least 4 years, 2 months, and 1 day. Ten years is above this threshold.
c) For offenses where the penalty is at least 4 years, 2 months, and 1 day. This is the threshold set by Rule 112, Sec. 1.
b) Rule against Duplicity of Offense. Rule 110, Sec. 13, explicitly states this rule.
a) Municipal Trial Court (MTC). MTCs have jurisdiction over offenses punishable with imprisonment not exceeding 6 years.
c) Where the crime was committed. This is the general rule on venue in criminal cases (Rule 110, Sec. 15).
b) To determine if there is probable cause to hold the accused for trial. This protects the innocent from the burdens of a full-blown trial.
b) When a person is arrested without a warrant. The inquest is a summary procedure to determine the legality of the arrest and if there is a basis to file a charge.
c) Qualifying and aggravating circumstances. For them to increase the penalty to its maximum, they must be alleged in the information.
b) The suspect is brought to a prosecutor for inquest. This applies to valid warrantless arrests.
b) When the offended party waives or reserves the civil action. Rule 111 allows the offended party to separate the civil action from the criminal case.
b) Name of the judge. The name of the judge is not required for an information to be sufficient.
b) The law in force at the time of the institution of the action. Jurisdiction is conferred by law and is determined at the moment the case is filed.
b) Quezon City. Venue is jurisdictional in criminal cases and is set where the crime was committed.
b) File a motion to quash on the ground of duplicity of offense. This is the proper remedy before the accused enters a plea.
b) 10 days. Rule 112 gives the respondent ten days from receipt of the subpoena to submit their counter-affidavit.
b) A private citizen who witnessed the crime. While a witness is crucial, the complaint must be filed by the offended party, a peace officer, or another public officer charged with enforcing that law. The witness's statement would be an affidavit supporting the complaint.
c) He is requesting a preliminary investigation and agrees to remain in detention. Waiving Art. 125 allows the state to detain the person beyond the prescribed period while a preliminary investigation is conducted.
c) Sandiganbayan. This special court has jurisdiction over corruption and other offenses committed by high-ranking public officials.
c) Arraignment. This is the formal stage where the accused is informed of the charges and enters a plea (Rule 116).
b) A generic aggravating circumstance. If not alleged in the information, a qualifying circumstance loses its effect to qualify the crime and is treated only as a generic aggravating circumstance.
b) Arrest or voluntary surrender. The court acquires jurisdiction over the person when the accused is legally brought before it.
b) The libelous article was printed and first published. This is one of the special rules on venue for libel cases, as provided in Article 360 of the Revised Penal Code.