1. REVISED RULES OF CRIMINAL PROCEDURE
WITH RELATED RULES AND REGULATIONS
PART-1
By: Albert Jonathan B. Paulino, R.Cr.,LLB, MBA

2. 2. PRELIMINARY
INVESTIGATION
Rule 110
Section 1-16
DOJ/MTC,MCTC
Take custody

3. Basic Principles
Remedial Law distinguished from
Substantive Law

4. SUBSTANTIVE LAW
Laws that seek to define individual rights and provide punishment for violation thereof.
Example: Civil Law, Criminal Law, Labor Law, etc.

5. REMEDIAL LAW
Laws that provide the manner how to enforce the rights violated in our courts of justice.
Seeks immediate relief for the protection and/or preservation of rights.
Example: Rules of Court

6. WHO MUST PROSECUTE? Public Prosecutors
Private Prosecutors when authorized under the strict supervision of Public Prosecutors
(As amended per A.M. No SC, Effective May 1, 2002)

7. HOW CRIMINAL ACTION STARTED?
Note:
-In places w/o the Office of Prosecutor, Complaint is filed before the MTC/MCTC.
- In Manila and chartered cities, before the Office of the Prosecutor
Filing of complaint/
Information with:
MTC/MCTC
OFFICE OF THE PROSECUTOR

8. WHO MUST PROSECUTE? Public Prosecutors
Private Prosecutors when authorized under the strict supervision of Public Prosecutors
(As amended per A.M. No SC, Effective May 1, 2002)

9. Rules on Prosecuting some Crimes
1. Crimes of Adultery & Concubinage
-Should be prosecuted by complaint from the offended Spouse against the other & their paramour, if alive. .

10. 2. Crimes of seduction, abduction and acts of lasciviousness
should be prosecuted by complaint from the offended party, her parents, grandparents, guardian.
If offender has been expressly pardoned, can no longer prosecute.

11. Note:
If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the Criminal action in her behalf. Sec.5, Rule 110

12. 3. Crimes for slander/defamation
Shall be prosecuted by complaint filed by the offended party
4. Other complaints for violation of Special Law.
- Shall be prosecuted in accordance with law governing them

13. Sufficiency of Complaint/Information
It states:
The name of the accused
Designation of the offense given by the statute;
Acts or omissions complained of as constituting the offense;
The name of the offended party
Approx. date/time of the commission of the crime;
Place where the offense was committed

14. Rule in Duplicity of Offense
Complaint or information must charge only one offense, except, those allowed by law.
Example: Complex Crimes

15. Rule on Amendment of complaint/Information
Complaint/information may be amended/substituted before accused enters a plea (w/o leave of court)
Or, if after the plea and during trial, amendment is allowed but with leave of court.

16. Other consideration in amendment /substitution
Amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon the motion of the prosecutor, with notice to the offended party – WITH LEAVE OF COURT

17. What is the effect of mistake in charging the proper offense?
Original complaint/information will be dismissed but allows filling of the new/corrected one

18. Place where action is to be instituted
1. Court of the place where the offense is committed;
Or, where any of its essential ingredients occurred.

19. 2. Offense is committed in a train, aircraft or other public & private vehicle in the course of trip.
- The criminal action shall be instituted and tried in the court of any municipality or territory where said train, aircraft, or other vehicle passed during its trip, including the place of departure and arrival

20. 3. Crimes committed on board of vessel in the course of voyage
The criminal Action shall be instituted and tried in the court of the first port of entry or of any Municipality or territory where the vessel passed during the voyage, subject to international law.

21. 4. Crimes committed outside the Philippines
The court where the criminal action is first filed shall have jurisdiction

22. Criminal Action and Civil Action:
Basic Considerations:
General Rule:
1. Once Criminally Liable is also civilly liable in accordance with Article 100 of RPC.
2. When you commence the Criminal Action, the Civil Action arising therefrom is impliedly instituted, unless there is reservation to file the civil action separately. For BP#22 cases, no reservation is allowed.

23. Can a Civil Action already be filed separately be united with the Criminal Action?
Ans. It is allowed. Both actions can be consolidated upon application with the court trying the case, provided Criminal Action has not yet commenced. Otherwise if Criminal Action has already commenced, Civil Action will be suspended until there is already judgment in the Criminal Action

24. When civil action may proceed independently?
Civil Action arising from crime as distinguished from Independent Civil Action (ICA).

25. Distinguished: Independent Civil Action:
It can proceed independently of the Criminal Action;
It has a life of his own and is not affected by the outcome of the Criminal Action.
Governed by Article 32,33,34 and 2176 of the NCC.
Not extinguished by the death of the accused during pendency of the criminal action
Civil Action arising from crime
when filed separately with the criminal action, is suspended.
Usually regarded as an ordinary civil action
Extinction of criminal action does not necessary involves extinction of civil case unless there is a finding in a final judgment in the Criminal Action that the act or omission from which the civil liability may arise did not exist
Death of the accused, carries extinguishment of civil liability

26. What is the effect of death on the civil action?
If after arraignment/during pendency of the criminal action, will extinguish the civil liability arising from crime.
But the ICA, shall proceed and judgment can be enforced against the properties of the accused or his legal representatives after proper substitution or against said estate.

27. What is the effect of final judgment rendered in a civil action?
If accused is absolve from civil liability, it will not prevent the filing of criminal action against the defendant for the same act or omission subject of the civil action.

28. What is a prejudicial Question?
Suspension of the Criminal Action because:
Previous instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action;
The decision of such issue determines whether the criminal action should proceed.
Rule stated in Section 6, Rule 111

29. Preliminary Investigation (P.I.) Defined:
Is 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.

30. When is P.I. required?
Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted befre the filing of the complaint or information for an offense where the penalty is (4) Years, (2) Months and (1) day.

31. Who are authorized to conduct P.I.
Provncial or City Prosecutors & their assistants
Judges of the MTC/MCTCs
National & Regional State Prosecutors
Others officers as authorized by law
Note: Their authority to conduct preliminary investigation shall include all crimes cognizable by the proper court in their respective territorial jurisdiction

32. PROCEDURE OF P.I.
FILLING OF COMPLAINT BEFORE THE OFFICE OF PROSECUTOR STATING THEREIN THE ADDRESS/ESS OF RESPONDENT/S AND WITNESSES, AND OTHER SUPPORTING DOCUMENTS TO ESTABLISH PROBABLE CAUSE.
Note: The AFFIDAVITS shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath. In their absence, before a NOTARY PUBLIC with the requisite Certification.

33. CERTIFICATION OF COMPLAINT & AFFIDAVITS
The examining officer must certify that:
He has personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits

34. 2. When complaint is received:
Within 10 days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no probable cause, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.

35. 3. Upon receipt by respondent of the subpoena:
Within 10 days from receipt of the subpoena with the complaint and affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense, same must be under oath.

36. 4. Effect of None Reply by Respondent of subpoena:
The none filing by the Respondent of his Counter-Affidavits within (10) days period, operates a waiver to adduce controverting evidence and the investigating officer shall resolve the complaint only on the basis of the evidence presented.

37. Will be a hearing be required in the conduct of Preliminary Investigation?
The investigating Officer may set a hearing if there are facts and issued to be clarified from a party or a witness. Parties may be present at the hearing but without right to examine or cross-examine.
It shall be held within (10) days from submission of the counter-Affidavits or from the expiration of the period of submission and must be terminated within (5) days.

38. 5. After the hearing:
Within (10) days after the investigation, the investigating officer shall determine whether there is probable cause to hold the respondent for trial which decision will be in the form of a RESOLUTION together with the Information to be submitted to his supervisor for approval.

39. What is a Resolution?
It is the decision of the Investigating Officer from the P.I. conducted which shall contain the ff:
That he is an authorized officer;
That he found Probable cause and the accused is probably guilty thereof;
That the accused was informed of the complaint and evidence submitted against him;
That he was given an opportunity to submit controverting evidence.
Otherwise, he shall recommend the dismissal of the complaint.

40. 6. Upon receipt of the Resolution by the higher ups:
Within (10) days from receipt of the Resolution, supervisors shall inform the parties of such action. They can affirm, overrule, amend or modify the decision of the Investigating Officer. Or, simply file the information in court.

41. 7. Upon receipt by the Judge of the Information:
Within (10) days from receipt of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting documents.
He may either dismiss or issue a warrant of arrest in conformity with the Bill of Rights of the 1987 Philippine Constitution.