Institution Of Criminal Actions
RULE 110 PROSECUTION OF OFFENSES
Section 1. Institution of Criminal Actions
CRIMINAL ACTION
- It is an action by which the State prosecutes a person for an act or omission punishable by law.
For offenses that require preliminary investigation: By filing the complaint with the proper officer for preliminary investigation.
- Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110.
- Preliminary investigation is required for offenses where the penalty prescribed by law is at least 4 years, 2 months, and 1 day of imprisonment without regard to the fine (Rule 112, Sec. 1, Par. 2).
For all other offenses, or for offenses which are penalized by law with lower than at least 4 years, 2 months, and 1 day without regard to the fine: Instituted directly with the MTC and MCTC, or the complaint is filed with the Office of the Prosecutor.
In Manila and other chartered cities, the complaint shall be filed with the Office of the Prosecutor unless otherwise provided in their charters.
NOTE: A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for purposes of preliminary investigation or for commencement of the criminal prosecution.
DOES NOT APPLY: To offenses subject to the summary procedure.
Effect of institution of the Criminal Action: The institution of the criminal action interrupts the running of the period of prescription of the offense charged.
UNLESS: otherwise provided in special laws.
Act No. 3323 governs the prescriptive periods of violations of
special laws, or offenses other than those penalized under the
Revised Penal Code.
NOTE: With respect to offenses penalized by special laws, the filing of the complaint or information in court is the one that interrupts the prescriptive period and not the filing of the complaint in the proper office for purposes of conducting a preliminary investigation (Zaldivar v. Reyes, 211 SCRA 277).
The filing of a complaint for purposes of preliminary investigation starts the prosecution process.
REQUISITES OF A COMPLAINT OR INFORMATION
1. in writing
2. in the name of the People of the Philippines
3. Against all persons who appear to be responsible for the offense involved.
Who is the real offended party?
- The People of the Philippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein.
For offenses that require preliminary investigation: By filing the complaint with the proper officer for preliminary investigation.
- Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110.
- Preliminary investigation is required for offenses where the penalty prescribed by law is at least 4 years, 2 months, and 1 day of imprisonment without regard to the fine (Rule 112, Sec. 1, Par. 2).
For all other offenses, or for offenses which are penalized by law with lower than at least 4 years, 2 months, and 1 day without regard to the fine: Instituted directly with the MTC and MCTC, or the complaint is filed with the Office of the Prosecutor.
In Manila and other chartered cities, the complaint shall be filed with the Office of the Prosecutor unless otherwise provided in their charters.
NOTE: A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for purposes of preliminary investigation or for commencement of the criminal prosecution.
DOES NOT APPLY: To offenses subject to the summary procedure.
Effect of institution of the Criminal Action: The institution of the criminal action interrupts the running of the period of prescription of the offense charged.
UNLESS: otherwise provided in special laws.
Act No. 3323 governs the prescriptive periods of violations of
special laws, or offenses other than those penalized under the
Revised Penal Code.
NOTE: With respect to offenses penalized by special laws, the filing of the complaint or information in court is the one that interrupts the prescriptive period and not the filing of the complaint in the proper office for purposes of conducting a preliminary investigation (Zaldivar v. Reyes, 211 SCRA 277).
The filing of a complaint for purposes of preliminary investigation starts the prosecution process.
REQUISITES OF A COMPLAINT OR INFORMATION
1. in writing
2. in the name of the People of the Philippines
3. Against all persons who appear to be responsible for the offense involved.
Who is the real offended party?
- The People of the Philippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.