RULE 110 - Prosecution of Offenses Flashcards
How are criminal actions initiated for offenses requiring a preliminary investigation, as per Rule 112?
by filing a complaint with the proper officer with the purpose of conducting preliminary investigation.
Under what circumstances does the institution of a criminal action interrupt the running of the period of prescription of the offense charged?
The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws.
Define complaint.
A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
Define information.
An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
Who is responsible for prosecuting criminal actions initiated by a complaint or information?
Complaint or information shall be prosecuted under the direction and control of the prosecutor.
What are the essential elements that must be included in a complaint or information to ensure its sufficiency in charging an individual with an offense?
A valid complaint or information should include the following details:
The accused’s name
The specific offense as defined by the law
The actions or omissions that make up the offense
The name of the victim
The approximate date when the offense occurred
The location where the offense took place.
What information must be included in the complaint or information regarding the name of the accused, and how should the accused be described if their true name is unknown?
The complaint or information must state the name and surname of the accused or any appellation or nickname by which they are known. If the true name cannot be ascertained, the accused must be described under a fictitious name with a statement that their true name is unknown.
What should be done if there is no specific designation of the offense in the complaint or information?
In cases where there is no designation of the offense, reference should be made to the section or subsection of the statute that punishes it.
What are the key elements that need to be mentioned when drafting a complaint or information?
The key elements are the offense designation, the description of acts or omissions constituting the offense, and the specification of any qualifying and aggravating circumstances.
Under what circumstances can an amendment before plea, which downgrades the nature of the offense charged or excludes any accused, be made?
An amendment before plea, which downgrades the nature of the offense charged or excludes any accused, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court.
What action should the court take if it becomes apparent before judgment that there has been a mistake in charging the proper offense?
The court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided that the accused shall not be placed in double jeopardy.
How is the jurisdiction determined when an offense is committed on a train, aircraft, or other vehicle during its trip (as per Section 15(b))?
The criminal action should be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.
Where should crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code be cognizable, as per Section 15(d)?
Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.
punishable under Article 2 of the Revised Penal Code
Are there any exceptions to the rule regarding the jurisdiction of criminal actions, and if so, what are they?
The general rule is that criminal actions should be tried in the court where the offense was committed or where its essential ingredients occurred. However, there are exceptions provided in Section 15 for offenses committed on trains, aircraft, other vehicles, and vessels during their trips, as well as for crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code.
where the offense was committed or where its essential ingredients occur
When can the offended party intervene in a criminal action, and what is the purpose of this intervention?
When the civil action for the recovery of civil liability is instituted in the criminal action pursuant to Rule 111.
The purpose of this intervention is to allow the offended party, represented by counsel, to participate in the prosecution of the offense.
