Syllabus Based Crim Pro

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• THE REVISED RULES OF CRIMINAL PROCEDURE (As amended, December 1, 2000)
• Sections of Rule 110 on Prosecution of Offenses
• Sections of Rule 111 on Prosecution of Civil Action


  • Section 1
  • Section 2
  • Section 3
• and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly.
• During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled.
• The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.
• Independent civil action


  May be brought by the offended party in the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines. It shall proceed independently of the criminal action and shall require only a preponderance of evidence.
• In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.
• The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict.
• However, the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be.
• The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
• A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action.
• Prejudicial question

  The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and the resolution of such issue determines whether or not the criminal action may proceed.
• Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
• Officers authorized to conduct preliminary investigations

  • Provincial or City Prosecutors and their assistants
  • Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
  • National and Regional State Prosecutors
  • Other officers as may be authorized by law
• Procedure for preliminary investigation

  1. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause

  2. Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent

  3. Within ten (10) days from receipt of the subpoena, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents

  4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall resolve the complaint based on the evidence presented by the complainant

  5. The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness

  6. Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial
• Resolution of investigating prosecutor and its review

  1. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information

  2. Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy

  3. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action

  4. No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy

  5. Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved, the latter may, by himself, file the information against the respondent, or direct any other assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation

  6. If the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation, or to dismiss or move for dismissal of the complaint or information
• Resolution of investigating judge and its review

  1. Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy

  2. Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, shall review the resolution of the investigating judge on the existence of probable cause
• Issuance of warrant of arrest

  1. Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence

  2. When the preliminary investigation is conducted by the prosecutor, the procedure for the issuance of a warrant or arrest by the judge shall be governed

  3. When the investigation is conducted by the judge himself, he shall follow the procedure provided in section 3 of this Rule

  4. A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court, or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine only
• When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules.
• Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel.
• After the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule.
• An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case.
• The record of the preliminary investigation, whether conducted by a judge or a fiscal, shall not form part of the record of the case. However, the court, on its own initiative or on motion of any party, may order the production of the record or any its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party.
• An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case
• The record of the preliminary investigation, whether conducted by a judge or a fiscal, shall not form part of the record of the case. However, the court, on its own initiative or on motion of any party, may order the production of the record or any its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party
• If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less four (4) years, two (2) months and one (1) day, the procedure outlined in section 3(a) of this Rule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing