Distinction between complaint and
information: complaint must be sworn,
information requires no oath
Why? Prosecutor filing the information is acting
under oath of his office
A complaint is subscribed by? Offended party,
peace officer, public officer charged with
enforcment of law violated
Information is subscribed by? Prosecutor
What confers jurisdiction on court over person
of the accused? Valid information signed by a
competent officer
Can an infirmity in the information be cured by
silence, acquiescence, or express consent? No.
A complaint is deemed sufficient if it contains:
name of accused (if more than one, all names),
designation of the offense given by statute, acts
or omissions complained of, name of offended
party, approximate date, place where
committed
Test for sufficiency of complaint? Crime is
describved in intelligible terms with tsuch
particularity as to apprise the accused with
reasonable certainty of the offense charged
Why? Enable accused to suitably prepare for his
defense
When to question insufficiency of complaint or
info? Before arraignment or during trial. (if not,
he has waived his right)
Can objection relating to form be made for the
first time on appeal? No.
What should he have done? Before
arraignment, bill of particulars or quashal of the
information
Date of the commission of offense: not
necessaryu to state the precise date of the
offense except when date is material element
What date should be alleged? Date as near as
possible to actual date of its commission
Is characther of crime determined by caption
or preamble or specific provision of law? No.
How is it determined? Recital of the ultimate
facts and circumstances in the information
What is controlling? The allegation of facts in
information that compromises a crime and
adequately describes the nature and cause of
the accusation against accused
How to state the name of the accused? Name,
surnane, or nickname; if name cannot be
ascertained, ficticious name and statement that
true name is unknown; if later true name is
disclosed, true name shall be insterted in
complaint
Is mistake in name the same as mistake in
identity? No.
How to state name of juridical person? It is
sufficient to state its name or any designation by
which it is known without need of averring it is
a juridical person
Rule if name of offended party is unknown in
offenses against property? Property must be
described with such particularity as to properly
identify the offense charged
Is name of offended party absolutely
indispensable? No. As long as criminal act
charged can be properly identified
How to designate offense? Allegations in the
information that determine the nature of the
offense
What is the real question? Did he perform the
acts alleged in the body of the information in
the manner set therein
Does the specific acts of the accused be
described in detail? No. As long as it is
described with sufficient particularity to make
sure the accused fully understands what he is
being charged wiht. That a person of ordinary
intelligence immediately know what it is
Rules in designating the offense: the name
given to offense by statute, section, or
subsection; acts or ommissions constituting
offense, qualifying and aggravating
circumstances
Does failure to designate offense by statute
vitiate information? No, if the facts alleged
clearly recite the facts constituting the offense
Does the qualifying and aggravating
circumstances be stated in every information?
Yes. The accused will not be convicted of the
offense proved during trial if it was not properly
alleged in the information
What if aggravating circumstances are proved
during course of the trial? Still, courts will not
award exemplary damages
Do the words qualifying or qualified by need to
be stated? No. It is not the use of the words but
the sepcific allegation of attendant circumstance
that is essential
Does the specific relationship of parties be
alleged in the information? Yes. Including the
consaguinty or affinity within the 3rd civil degree
Can an accused be convicted of any offense if it
was not charged in the information? No.
What is the rule? A variance between the
allegation in the info and the proof adduced
during trial shall be fatal to the criminal case if it
is material and prejudicial to the accused
Is it important to employ words used in statute
alleged to have been violated? No. As long as
ordinary and concise language sufficient to
enable a person of common understanding
What should the accused understand? Offense
being charged, acts or omissions constituting
offense, qualifying and aggravating
circumstances
Who bears the burden of proving all the
elements of the crime and qualifying
circumstances? Prosecution.
How to state the date? Not necessary to state
the precise date except if it is material
How many offenses may be charged in a
complaint? General rule1, unless the law
prescribes a single punishment to various
offenses
What shall the accused do if he is charged with
more than 1 offense? Object before trial or else
it will constitute a waiver
Where shall criminal actions be instituted?
Where the offense was committed; where any
of its essential ingredients occured
In written defamation? RTC of place where
article is printed or first published; if Private
individual, RTC where he actually resided at
time of commission; if Public individual, RTC of
place where he held office at time of
commission
What should information allege? The libelous
material was either printed or first published in
the place of filing
Rule if offense committed on train, aircraft,
vehicle? Instituted and tried where such vehicle
passed during trip, including departure & arrival
Rule if committed on a vessel? Court of first
port of entry; territory where vessel passed
during voyage
Rule if covered by Art 2? Cognizable to court
where criminal action is first filed
How to state the place of the commission of
offense? If it can be understood from the
allegations of the complaint or information the
the offense was committed or some of its
elements within the jurisdiction of the court
Rules for amendment: If it is made before
accused enters his plea, it may be amended in
form or in substance WITHOUT leave of court
When is leave of court required even if before
plea? Downgrades nature of offense; excludes
any accused from complaint or info
Aside from leave of court, what else is needed?
Motion by prosecutor with notice to offended
party; state its reasons and furnish all parties
Rules for amendment AFTER plea of accused:
formal amendment may only be made under 2
conditions – leave of court must be secured;
amendment does not prejudice accused
Is amendment in substance allowed? Not at
this stage
Test as to whether amendment is formal or
substantial: prejudiced by amendment is –
whether a defense under the information as it
originally stood would be available after; any
evidence defendant might have would be
equally applicable to the info in the one form as
in the other
If it does not affect the essence of the offense
or deprive accused of opportunity – It is
amendment by form
Is substitution of private complainant
substantial? No.
Formal amendments: new allegations which
change penalty; does not charge another
offense; additional allegations whcih do not
alter prosectuions theory; does not adversly
affect accused rights; adds specifications to
eliminate vagueness
When may substitution occur? Anytime before
judgment if there is a mistake in charging the
proper offense
How is it made? The court shall dismiss original
complaing and a new one will be charged
(provided there is no double jeopardy)
Substitution v Amendment: A- formal or
substantial changed, S – substantial; A- before
plea, no leave of court needed, S – leave of
court is needed; A - if it is only as to form, no
prelimenary investigation or retaking of plea
needed, S- needed; A- refers to the same
offense charged, S- presupposes new
information involves different offense
Rule of Substitution or Amendment: If second
info involves same offense, an amendment is
sufficient. If new info is distinct and different,
Substitution is needed
When is civil action be deemed instituted?
When the criminal action is instituted
What is it for? Recovery of civil liability arising
from the offense charged
Every person criminally liable is also civilly
liable except.. No actual damages result from
offense (espionage, violation of neutratlity,
flight to enemy country, crime against popular
representation)
Reasons on why instituted together? A
separate one would be more costly,
burdensome, time consuming, and will further
delayu the final disposition of cases
Exceptions to civil action deemed instituted:
waives civil action; reserves right to institute it
separately; files civil action prior to criminal
Do the same rules apply before the filing of the
criminal action? No.
Purpose of criminal and civil actions? Criminal
action – to deter him and others from
committing the same or similar offense, isolate
him from society, reform and rehabilitate him,
maintain social order; Civil – resolution
reparation, indemnification of private offended
party fo rdamage or injury sustained by reason
of felonius act
Why does judgment in criminal action includes
the civil liability? Since it is deemed instituted
together
Real parties in interest in Civil action? Offended
party and accused
What civil actions are deemed instituted with
criminal? Only those arising from the crime
charged
Legal basis for independent civil liabilities?
Article 32, 33, 34 and Article 2177 (Quasi-delict)
Consequences of independent civil action?
Shall proceed independently, quantum of
evidence is preponderance, right to bring action
is based on Civil code, waiver does not
extinguish right, even if filed separately, criminal
prosecution remains and he may still intervene
When is reservation of civil action made?
Before prosecution present evidence
Is there reservation of civil action for BP22?
No.
What happens here? The offended party shall
pay in full the filing fees based on the amount of
the check invlolved. This amount will be
considered as the actual damages claimed
In BP 22, what waiver is allowed? Waiver of
civil action and institution of civil action prior to
criminal complaint
Why the rule? Ordinarily, no filing fee is charged
for criminal cases for actual damages so payee
uses intimidating effect of criminal charge. The
inclusion of civil action lowes the nuymber of
cases filed and expedidtes disposition of cases
After civil criminal action is commenced –
separate civil action cannaot be instituted until
final judgement
If civil action is reserved to be filed – it cannot
be filed until final judgement
If civil action filed first – it will be suspeneded
until final judgement
Remedy to avoid delay – consolidation of cases
What happens to evidence already adduced?
Shall be deemed automatically reproduced in
criminal action without prejudice to right of
cross examination
Prescription of civil action? Suspended during
pendency of criminal action
Effect of novation? Does not extinguish criminal
liability
Why? It is apublic offense which must be
prosecuted and punished by the government on
its own motion .000

When is there no need to reserve the right to

file the civil action separately? If it is a violation
of Article 32, 33, 34, and 2176

Are these actions suspended by

commencement of criminal actions? No.

May a court enterain counter, cross, or third

party claims in a criminal action? No. The law is
clear – Rule 111 Rules of Court

Rules on filing fees: no filing fees required for

actual damages(except BP22 and estafa); filing
fees shall be paid by offended party upon filing
of criminal action in court

How is civil liability enforeced? Moral, nominal,

temperate, exemplary damages

Effect of deat of accused: if dies after

arraignment and during pendency of criminal
case – civil liability is extinguished but
independent civil actions may be continued
against estae or legal representative; if before
arraignment – case shall be dismissed byt
offended party may file civil action against
estate

PRIOR to jugement – criminal liability and

DIRECT civil liability extinguished

Death during pendency of appeal with SC –

extingueshes criminal liability and DIRECT civil
liability Why? No final judgment of conviction
was rendered upon death