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2.1. Prosecution of Offenses - Coggle Diagram
2.1. Prosecution of Offenses
Criminal Actions: How Instituted
General Rule:
The institution of a criminal action depends upon W/N the offense is one which requires a preliminary investigation
Where a preliminary investigation is required:
a criminal action is instituted by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
Where a preliminary investigation is not required:
the criminal action is instituted in two ways:
a. By filing with the MTC and MCTC
b. By filing with the office of the prosecutor
Exception:
Institution of criminal actions in Manila and other chartered cities
In Manila and other chartered cirites, the complaint shall be filed with the office of the prosecutor
Exception to the Exception:
Unless otherwise provided in their charters
No direct filing in RTC
There is no direct filing of an Information or complaint with RTC.
Reason:
Its jurisdiction covers offenses which require preliminary investigation
The RTC has jurisdiction over an offense punishable with imprisonment exceeding 6 years
The MTC has exclusive jurisdiction over offenses punishable with imprisonment not exceeding 6 years
Prescription
The filing of the complaint interrupts the running of the prescription period
Crimes that cannot be prosecuted
de oficio
General Rule:
A complaint must be filed directly in court and it must be filed by the offended party
Exception:
For crimes that can be prosecuted
de oficio
, any competent person can file a complaint with the fiscal for preliminary investigation
The fiscal will then file an Information in court
The participation of the offended party is not essential to the prosecution of crimes or in the prosecution of the civil action deemed instituted with the criminal action.
What the complaint shall contain
Sec. 3(a), Rule 112, ROC provides that the complaint shall contain the following:
a. Address of respondent
b. Affidavits of complainant and witnesses
c. Supporting documents
Criminal actions, when enjoined
A fiscal is under no compulsion to file a particular criminal Information where he is not convinced that he has evidence to support the allegations thereof
Control of Prosecution
General Rule:
All criminal actions shall be prosecuted under the control and direction of the public prosecutor
Exception #1: Public Prosecutor Not Available
If the schedule of the public prosecutor does not permit or there are no public prosecutors available, a private prosecutor may be authorized to prosecute the case
However, this requires:
a. Written authorization of the Chief of the Prosecution Office or the Regional State Prosecution Office
b. Approval of the Court
Exception #2: Appeals
In criminal cases, the acquittal of the accused or dismissal of the case can only be appealed by the OSG, acting on behalf of the State
The authority to represent the State in appeals of criminal cases before CA and SC is vested solely in the OSG
The prosecution cannot appeal from a judgment rendered in favor of the defendant in a criminal case
Exception to the Exception: Ombudsman
In all cases to the Sandiganbayan and appeals from Sandiganbayan to SC, the Ombudsman shall represent the People, through its special proscutor.
Right and Duty to Prosecute
The public prosecutor has the right and duty to take all steps to protect the rights of the People of the Philippines in a trial.
(Merciales v. CA)
Sufficiency of Complaint or Information
General Rule:
A complaint is sufficient when it contains a statement of facts which allow a person of understanding to know what he is being accused of
Purpose:
To allow the defendant to prepare for their defense
Test of Sufficiency of Complaint
W/N the facts asseverated would establish the essential elements of the crime defined in law
True Test:
Whether the crime is described in intelligble terms with such particularity as to apprise the accused, with reasonable certainty, of the offense charged.
People v. Sandiganbayan (Castillo)
Exception: RA 3019
As long as the ultimate facts constituting the offense have been alleged, an Information charging a violation RA 3019 need not state the exact amount of unwarranted benefit granted nor specify the undue injury caused.
What the Court must look into
(1) What must be alleged in a valid Information
(2) What the elements of the crime charged are
(3) Whether these elements are sufficiently stated in the Information.
Sec. 6, Rule110, Rules of Court
The complaint or information is sufficient if it states:
(a) The names of the accused
(b) The designation of the offense given by the statute
(c) The acts or omissions complained of as constituting the offense
(d) The name of the offended party
(e) The approximate date of the commission of the offense
(f) The place where the offense was committed.
Designation of Offense
Sec. 8, Rule 110, Rules of Court
General Rule:
The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances.
If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
Information must allege the qualifying and aggravating circumstances
General Rule:
Every complaint or information should state the qualifying and aggravating circumstances
Exception: Minority
When either one of the qualifying circumstances of relationship and minority is lacking, that which is pleaded in the information and proved by the evidence may be considered as an aggravating circumstance.
Non-verbatim Allowed
The information does not have to state in a verbatim manner the aspects of bad faith and manifest partiality.
So long as it is able to convey to the defendant the acts pertaining to the offense he is alleged of committing, the information is valid.
Variance Doctrine
Secs. 4 and 5, Rule 120, Rules of Court
An accused may be convicted for a crime proved which is different from but neccessarily included in the crime charged.
Example:
An accused charged of rape may be convicted of acts of lasciviousness instead
Exception: Statutory Rape
Rule:
If the prosecutor only alleged that there was Statutory Rape, he cannot legally prove that there was Simple Rape.
Reason:
The accused would be convicted of a crime different from the one charged, thereby offending his due process rights.
Cause of the Accusation: Precision in Language
General Rule:
An accused cannot be convicted in the courts of any offense, unless it is charged in the complaint or information on which he is tried, or necessarily included therein.
Example:
An accused cannot be convicted of consummated theft when he is only charged of attempted theft
Complex Crime
In charging a complex crime, the Information must allege each element of the component offenses.
Duplicity of the Offense
Sec. 13, Rule 110, Rules of Court
General Rule:
A complaint or information must charge only one offense.
Otherwise, it is defective.
Exception: Accused Failed to Object
When two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose upon him the proper penalty for each offense.
Exception: Single Punishment
Except when the law prescribes a single punishment for various offenses
Amendment or Substitution of Complaint or Information
Once an Information is filed in court, any disposition of the case (whether dismissal or conviction or acquittal) rests in the sound discretion of the court.
Amendment
(1) May involve either formal or substantial changes
(2) Amendment before plea has been entered can be effected without leave of court
(3) Where the amendment is only as to form, there is no need for another preliminary investigation and retaking of the plea of the accused
(4) An amended Information refers to the same offense charged in the original information or to an offense which necessarily includes or is necessarily included in the original charge.
Hence, substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused because if the original information would be withdrawn, the accused could invoke double jeopardy.
2 Kinds of Amendment
Formal
Substantial
Formal Amendment
Those that are not considered substantial elements are formal amendments.
Examples of Formal Amendments
New allegations which relate only to the range of the penalty which can be imposed
An amendment which does not charge another offense different from the original one
Additional allegations which do not alter the prosecution’s theory of the case so as to cause surprise to the accused
An amendment which does not adversely affect any substantial right of the accused
Substantial Amendment
A substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court.
Procedure for Amendment
Before the accused enters his plea,
a formal or substantial amendment of the information may be made without the approval of the court
After the entry of plea,
only a formal amendment may be made but it should be approved by the court and it can only be introduced if it does not prejudice the rights of the accused
After arraignment,
a substantial amendment is prohibited except if it would be beneficial to the accused.
Test on W/N a defendant is prejudiced by an Amendment
W/N a defense under the original information would still be available after the amendment is made
W/N any evidence the defendant might have would be equally applicable to the amended information.
Substitution
(1) Necessarily involves a substantial change from the original charge
(2) Substitution of Information must be with leave of court because the original Information has to be dismissed
(3) Substitution of Information must be with leave of court because the original Information has to be dismissed
(ay mali nag doble di ko na alam ano dapat dito HAHA)
(4) Presupposes that the new information involves a different offense which does not include or is not necessarily included in the original charge.
Hence, the accused cannot claim double jeopardy
No Double Jeopardy
There is no double jeopardy when the subsequent information charges a different offense, although arising from the same act or set of acts.
Prosecution for the same act is not prohibited.
What is forbidden is the prosecution for the same offense.
Venue of Criminal Actions
Sec. 15(a), Rule 110, Rules of Court
Subject to existing laws, the criminal action shall be instituted and tried in the court or municipality or territory where the offense was committed or where any of its essential ingredients occurred
Change of Venue in Criminal Cases
The Supreme Court may order a change of venue or place of trial to avoid a miscarriage of justice.
(Sec. 5(4), Art. 8, 1987 Constituion)
General Rule:
A court cannot exercise jurisdiction over a person charged with an offense committed outside its limited territory.
Reason:
Venue in a criminal case is a jurisdictional matter.
Change of venue in VAWC cases
A victim may file a complaint where she is a resident of even if the offense was committed outside of Phillippine territory, in view of the anguish suffered being a material element of the offense.
What Determines Jurisdiction
Jurisdiction of a court over the criminal case is determined by the allegations in the complaint or information
Intervention of Offended Party
Sec. 16, Rule 110, Rules of Court
Where the civil action for recovery of civil liability is instituted in the criminal action, the offended party may intervene in the prosecution of the offense.
Subordinate Interests
General Rule:
The interest of the private prosecutors is subordinate to that of the State and they cannot be allowed to take a stand inconsistent with that of the OSG.
Reason:
The OSG alone is authorized to represent the State. Otherwise, it would be tantamount to giving the private prosecutors the direction and control of the criminal proceedings, which is contrary to law.
Rationale
To avoid multiplicity of suits.
Offended Party
Such party must have a substantial interest in the subject matter of the action as will entitle him to recourse under the substantive law if the evidence is sufficient or that he has the legal right to the demand and the accused will be protected by the satisfaction of his civil liabilities.
Personal Interest Required
Such interest must not be a mere expectancy, subordinate or inconsequential.
The interest of the party must be personal and not based on a desire to vindicate the constitutional right of some third and unrelated party.
When Intervention is Allowed
Sec. 1, Rule 19, Rules of Court
A court may allow intervention when:
a. The movant has legal interest or is qualified
b. The intervention will not unduly delay or prejudice the adjudication of rights of the original parties and if the intervenor's rights may not be protected in a separate proceeding
Legal Interest
Legal interest is present when the intervenor will either gain or lose as a direct effect of the judgment.
The legal interest must be actual and material, direct, and immediate.
A movant for intervention must have legal interst in any of the following:
a. In the matter in litigation
b. In the success of either of the parties
c. Against both parties
d. If the movant is situated as to be adversely affected by a distribution or other disposition of property in the court's custody
Motion for Reconsideration Required
Sec. 2, Rule 19, Rules of Court
A movant must file a motion for reconsideration before the RTC renders judgment and attach a pleading-in-intervention.
Role of the Prosecutor in Prosecution of Offenses
General Rule:
A criminal action is prosecuted under the direction and control of the public prosecutor.
Rationale
Since a criminal offense is an outrage against the sovereignty of the State, it necessarily follows that a representative of the State shall direct and control the prosecution thereof.
Private Prosecutor Not Allowed to Lead
Even if there is a private prosecutor, the criminal action is still prosecuted under the direction and control of the public prosecutor.
A private party does not have the legal personality to prosecute the criminal aspect of a case. It is the People of the Philippines who are the real parties in interest in a criminal case.
Take Over Anytime
The public prosecutor may turn over the actual prosecution of the criminal case to the private prosecutor but he may take over the actual conduct of the trial at any time.
Power and Discretion of Public Prosecutor
The public prosecutor has the power and discretion to:
a. Determine whether a
prima facie
case exists
b. Decide which of the conflicting testimonies should be believed free from interference or control of the offended party
c. Determine which witnesses to present in court (subject to the right against self-incrimination)
Prosecution in MTC and MCTC
A criminal action in MTC or MCTC shall also be prosecuted under the direction of the prosecutor.
Prosecutor Not Available
When the prosecutor assigned is not available, the action may be prosecuted by:
a. Offended party
b. Any peace officer
c. Public officer charged with the enforcement of the law violated
Guidelines on the Role of Prosecutors adopted by the Eighth UN Congress on the Prevention of Crime and Treatment of Offenders in Havana, Cuba (1990)
Link
https://www.ohchr.org/en/professionalinterest/pages/roleofprosecutors.aspx
Role of the OSG in the prosecution of offenses
General Rule:
In all criminal proceedings, only the OSG can represent the State before CA and SC
Exception: Offended Party
The offended party may pursue the criminal action on his own behalf if there is a denial of due process
OSG must be Consulted First
The OSG must be consulted first by the private litigants before appealing judgments of lower courts
Only OSG can bring appeals
The authority to represent the State in appeals of criminal cases before CA and SC is vested solely in the OSG
60-day period for appeals
OSG's petition must be filed within 60 days from notice to the public prosecutor within which to file an action before CA and SC
OSG may recommend acquittal of the accused
The OSG can maintain a contrary position and recommend the acquittal of the accused.