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NOT
GR: no direct filing of info or complaint with the RTC under Rule 110 because
its jurisdiction covers offenses which require prelim investigation
How Instituted?
CRIMINAL ACTION
CRIMINAL PROSECUTION
Instituted once a complaint has
Instituted once the information has
been filed to the proper office or
been filed by the prosecutor in
court as the case may be
court
Effects of Institution of Criminal Action on PRESCRIPTIVE PERIOD
- it interrupts the running of period of prescription of the offense
charge UNLESS otherwise provided by special laws
ART 3326: governs the prescriptive period of violation of special
laws (SC held that institution of proceedings for prelim
investigation against the accused interrupts the period of
prescription)
o Requisites: (SCOWP)
Subscribed by the offended party
Charged a person with offense
Under OATH and in WRITING
In the name of PEOPLE OF THE PHILS.
Requisites:
1. in writing
2. in the name of PEOPLE OF THE PHILS. And
3. against all persons who appear to be responsible for the offense
involved
o Requisites: (MCSF)
Must be in writing
Charged a person with offense
Subscribed by the Fiscal
Must be Filed in court
COMPLAINT
Subscribed by the offended party,
any peace officer or other officer
charged with the enforcement of
the law violated
it may be filed either in court or in
the prosecutors office
INFORMATION
Subscribed by the fiscal
(indispensable requirement)
An error in the name of the accused is not reversible as long as his identity is
sufficiently established and this defect is curable at any stage of the
proceedings as the insertion of the real name of the accused is merely a matter
of form.
OFFENSE
Defamation
rape
2.
3.
4.
5.
6.
Rules:
1. complaint or info must state the Name & Surname of the accused or
any appellation nickname by which he has been or is known must be
stated
2. if name cannot be ascertained, a fictitious name with a statement that
his true name is unknown
3. if the true name thereafter ascertained, such name shall be inserted in
the compliant or information record
4. While 1 or more person, along with specified name of the accused, may
be sued as john does, but info against all accused described as John
Does is void and an arrest warrant is also void.
GR: the complaint or information must STATE THE NAME AND SURNAME of
the person against whom or against whose property the offense was
committed, or any appellation or nickname by which such person has
been or is known. If there is no better way of identifying him, must be
described under a fictitious name.
EXCEPT: crime against property property must be described with such
particularity
6.
Amendment
Kinds of AMMENDMENT:
1. formal amendment merely states wit additional precision something
which is already contained in the orig. information and ADDS NOTHING
essential for the conviction for the crime charged
a)
PURPOSE: the court should not compel the defendant to move to, and
appear in a different court from that of a province where the crime was
committed, as it would cause him great inconvenience in looking for his
witnesses and other evidence in another place.
GR: subject to existing laws in all criminal prosecutions, the action must be
instituted and tried in the courts of the municipality or territory where the
offense was omitted or any of its essential ingredients occurred.
1. under circumstance
EXCEPTIONS:
1.
2.
Where from the nature of the crime and the law defining and
punishing it, NO civil liability arises in favor of the offended party;
and
Where the offended party has waived his right to civil indemnity OR
has expressly reserved his right to institute a civil action OR has
already instituted said action.