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lasciviousness?
PRINCIPLE OF ADHERENCE GENERAL RULE EXCEPTIONS
GENERAL RULE EXCEPTIONS Yes, the offended party, even if 1. Incompetent; or
once jurisdiction is vested subsequent statute changing the jurisdiction of a a minor, has the right to initiate 2. Incapable of doing so
in the court, it is retained court is given retroactive effect, it can divest a the prosecution of such offenses
up to the end of litigation court of jurisdiction over cases already pending independently of his parents,
before it before the effectivity of the statute. grandparents or guardian
DUPLICITY RULE
GENERAL RULE EXCEPTIONS
A complaint or information must 1. Complex crimes;
charge only one offense. 2. Special complex crimes;
3. Continuous crimes or delicto continuado;
4. Crimes susceptible of being committed in
various modes;
PROSECUTION OF CIVIL ACTION imprisonment of at least 4 yrs., 2 months
and 1 day. 2. For cases requiring preliminary
GENERAL RULE EXCEPTIONS investigation, when a person is lawfully
When a criminal action is instituted, the not deemed instituted in the following arrested without a warrant provided that
civil action for the recovery of the civil cases: inquest was made in accordance with
liability arising from the offense charged 1. When the offended party has Rule 112
under Article 100 of the RPC shall be waived the civil action
deemed instituted with the criminal 2. When the offended party has MODE OF ARREST Exception to the rule on giving
action reserved the right to institute it information
separately Arrest by officer by virtue of a warrant (Sec. 7)
3. When the offended party has The officer shall inform the person to be
instituted the civil action prior to arrested the cause of the arrest and 1. When the person to be arrested
the institution of the criminal action the fact that the warrant has been flees;
issued for his arrest. 2. When he forcibly resists before the
Note: The officer need not have the officer has an opportunity to
warrant in his possession at the time inform him; and
Extinction of the penal action carry with it the extinction of the civil action? of the arrest but must show the same 3. When the giving of such information
GENERAL RULE EXCEPTIONS after the arrest, if the person arrested will imperil the arrest.
extinction of the penal action does not finding in a final judgment in the criminal so requires.
extinguish the civil action. action that the act or omission from Arrest by officer without a warrant (Sec. 8)
which the civil liability might arise did not The officer shall inform the person to be
exist arrested of his authority and the 1. when the person to be arrested is
cause of the arrest w/out a warrant engaged in the commission of an
EFFECT OF DEATH OF THE ACCUSED OR CONVICT ON CIVIL ACTION offense or is pursued
1. After arraignment and 2. Before arraignment 3. Pending appeal immediately its commission;
during the pendency of 2. when he has escaped, flees, or
the criminal action forcibly resists before the officer
General rule: offended party may file a. Civil liability arising has an opportunity to so inform
The civil liability of the the civil action against the from the crime is him; and
accused based on the estate of the deceased extinguished 3. when the giving of such information
crime is extinguished. will imperil the arrest.
b. Civil liability predicated
Exception from another source Arrest by a private person (Sec. 9)
a. Independent civil action survives i.e. civil liability The private person shall inform the person 1. when the person to be arrested is
based on Arts. 32 33, arising from law, to be arrested of the intention to engaged in the commission of an
34 and 2176 of the contracts, quasi-contract arrest him and the cause of the offense or is pursued immediately its
Civil Code; and and quasi-delic arrest. commission;
b. Civil liability predicated Note: Private person must deliver the 2. when he has escaped, flees, Or
on other sources of arrested person to the nearest police forcibly resists before the officer
obligations, i.e. law, station or jail, otherwise, he may be has an opportunity to so inform
contract, and quasi- held criminally liable for illegal him; and
contract, which is detention. 3. when the giving of such information
subsequently will imperil the arrest.
instituted;