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B. Crimpro - Title II - Prosecution of Offenses and Civil Action, Section…

- - - - Preliminary Investigation (Rule 112) - for offenses with a penalty prescribed of (4) years, (2) months, (1) day.(Prision Correcional Max upwards)
        
        Who conducts? - (a) Provincial or City Prosecutors and their assistants; (b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; (c) National and Regional State Prosecutors; and (d) Other officers as may be authorized by law. Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions
        
        File with: RTC - if imprisonment exceeds 6 years.
        MTC - if the imprisonment is less than 6 years
      - File before appropriate officer for preliminary investigation who makes a determination of probable cause w/n crime has been committed.
        
        Probable Cause?
        
        Yes
        
        Forward recommendation to city/state prosecutor
        
        No
        
        Refer to city/state prosecutor who determines analyzes recommendation to dismiss.
        
        City/State prosecutor finds probable cause?
        
        Yes
        
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        No
        
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    - - Is the case in Manila or a chartered city?
        
        Yes
        
        Does charter allow direct filing of complaint to MTC/MTCC?
        
        Yes
        
        Filing of a complaint before the office of the prosecutor
        
        Direct Complaint before the Municipal Trial/Municipal Circuit Trial Court
        
        No
        
        No
        
        Filing of complaint before the office of the prosecutor
        
        Direct complaint with the MTC/MTCC
    - - Definitions
        
        Complaints (Sec. 3) - - 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. (3)
        
        Information (Sec. 4) - An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (4a)
      - Contents of Information - must contain:
        
        (1) Name of the accused;
        
        (2) designation of the offense in a statute;
        
        (3) Acts or omissions complained, constituting the offense;
        
        (4) Name of the offended party;
        
        (5) Approximate date of commission of the offense;
        
        (6) Place where the offense was committed.
        
        Must include all alleged offenders.
        
        Section 6. Sufficiency of complaint or information - A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. When an offense is committed by more than one person, all of them shall be included in the complaint or information. (6a)
        
        Particular Elements
        
        Designation of offense - not necessary so long as facts alleged constitute the crime charged.
        Nature of offense is determined from the actual recital of facts in the complaint/information. Thus, every element of the offense must be there.
        
        QUALIFYING/AGGRAVATING CIRCUMSTANCES - Qualifying/aggravating circumstances must be alleged in the information.
        
        However, need not be preceded by the words qualifying or qualified by. It is the specific allegation of an attendant circumstance, not the labeling per se that qualifies the crime.
        
        Similarly, qualifiyng and aggravating circumstances must be alleged with the facts that give rise to them, not merely labelled. (People v. Rosas)
        
        TEST FOR SUFFICIENCY - So long as facts alleged allow identification of offense charged and its elements then sufficient.
        
        Rationale - This is to allow the accused adequate time to prepare a defense as the accuse is presumed to have no independent knowledge of the facts that constitute the offense. (Quimvel v. People)
        
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        Effect of Omission of Qualifying Circumstances (People v. Soria) - if one or more of the necessary qualifying circumstances are omitted or lacking in the information, then the sufficient one can count as aggravating circumstance.
        
        Amendment/Substitution of Complaints (Rule 110 - Sec. 14)
        
        Amendment - correction of an error or omission.
        
        Can either be in form or in substance.
        
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        Date of Commission -
        
        GR- not necessary that the precise date there. Closest approximation sufficient.
        
        Exception - when the date is material ingredient of the offense. (Sec. 11, Rule 110)
        
        Effect of Time Gaps - if the designation of the date of commission would impair the defense of the accused the information is defective. e.g. offense is alleged to be committed around a one year period.
        
        This forces accused to account for their whereabouts for the entire year thus invalid.
        
        Name of the Accused - name or surname or any nickname by which they are known.
        
        If name can't be ascertained then fictitious name suffices, but must indicate that fictitious name was used.
        
        Once true name found, then information/complaint must be amended.
        
        No qualification needed if accused is a juridical person or not.
        
        Name v. Identity - Identity not equal to name.
        
        Mistake in the name of the accused just leads to amendment of records.
        
        Mistake in the identity nullifies the charge against them.
        
        TYPES OF POSITIVE IDENTIFICATION
        
        Direct eyewitness testimony of commission of the crime
        
        Circumstantial - such as when witness sees accused leaving the scene of the crime. This is circumstantial evidence which, when taken together with other pieces constitute an unbroken chain leading to a fair and reasonable conclusion of accused as malefactor. (People v. Pondevida)
        
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        PROPERTY - In cases where offended party is unknown (property damage, etc.) then property must be described with such particularity to properly identify the offense charged.
        
        When Property Indispensable - Name of the offended party is indispensable only when the property is generic and unidentifiable, such as money.
        
        Otherwise, so long as the criminal act charged in the information can be positively identified defect not fatal. (Senador v. People)
        
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        Place - Statement of place of commission must make it clear that the offense or any of its essential elements was committed or occurred at some place within the jurisdiction of the court.
        
        Venue - Rule 110 Sec. 15
        
        General Rule: File the case where the offense or any of its essential elements was committed. In case of continuing crimes this may be at any place any of the elements was committed.
        
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        Section 15. Place where action is to be instituted. — (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. (b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall 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. (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (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. (15a)
        
        PROOF - This must also be proven during trial, not merely alleged.
        
        Control of Prosecution -
        
        GR, City Prosecutor leads, intiates prosecution.
        
        But, in MTC/MTCC if prosecutor assigned is not available, whoever filed the complaint may prosecute. This authority ceases when case is elevated to the RTC or actual intervention of the prosecutor.
        
        SEC. 5. Who must prosecute criminal actions
        
        Private Prosecutor - Public Prosec may turn over prosection to a private prosecutor. But may, at any time take over control of prosecution. Does not need permission from the private prosecutor. (People v. Tan)
        
        INDEPENDENT PROSECUTION - Private prosecutor may prosecute in the absence of public prosec if they are authorized in writing. Authorization must be approved by court and, submitted to the Chief of the Prosecution Office or, the Regional State Prosecutor.
        
        AUTHORIZED CAUSES (Rule 110, Sec. 5 AM 02-02-07) - Private Prosec allowable only under the following reasons:
        
        Public Prosecutor has a heavy work schedule;
        
        There is a lack of Public Prosecutors
        
        CIVIL LIABILITY APPEARANCE - Continuous trial rule requires written authorization from head of the prosecution office, issued in favor of the private prosecutor. Submitted to the court prior to presentation of evidence in accordance with Sec. 5, Rule 110. Applies only when the appearance of private prosec is for the civil liability of the case.
        
        Exception: Private crimes
        
        Adultery and Concubinage - No prosecution unless offended spouse files the complaint. If the offended spouse has pardoned or consented, then no prosecution.
        
        Seduction, Abduction and Acts of Lasciviousness -
        
        Offended party -
        
        parents,grandparents,guardians (if offended party is incapable of filing)
        
        State when the offended party dies or becomes incapable before complaint could be filed and no PCGG.
        
        Defamation - Offended party only one that can file a complaint.
        
        Private Crimes - Generally, requires that the private offended party be the one to file the complaint. However, the private offended party may opt to file a complaint with the fiscal for preliminary investigation who can then file the action. (Salazar v. People)
        
        Pardons bar only institution of the prosecution. But once filed, pardon cannot be raised as grounds to dismiss criminal action.(Alonte v. Savellano, Jr.)
        
        RAPE - rape is reclassified by RA 8353 as a crime against persons. Thus, may be filed by public prosecutor regardless of the offended party.
        
        Power and Discretion of Public Prosecutor
        
        Prior to Filing Case -
        
        Determine w/n prima facie case exists
        
        Determine which witnesses to present in court |
        
        Decide which of the conflicting testimonies should be believed.
        
        No interference in finding of probable cause. If they find insufficient evidence to support at least a prima facie case, then prosecution cant be compelled to prosecute.
        
        Once trial commences - Prosecutor has duty to proceed with the presentation of evidence, duty to state to exhaust all possible means to convict.
        
        Cannot dismiss the action without the court's consent.
        
        Appeals from Criminal Cases -
        
        General Rule (Feneguito v. Vergara) - Only the OSG can appeal from a criminal case - in the CA and SC level. Fiscal can appeal if RTC level
        
        Exception -
        
        when there is a denial of due proceess to the prosecution and the State or its agents refuse to act on the case to the prejudice of the state and the private offended party
        
        When the private offended party questions the civil aspects of a decision of a lower court
        
        Sandiganbayan appeals (Ombudsman here)
        (Bangayan v. Bangayan)
        
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        Mandamus to Compel Prosecution
        
        General Rule - No mandamus to compel prosecution.
        
        Exception - Offended party can assail decisions of prosecutor to DoJ. The, appeal to CA and SC via certiorari 65 if DoJ decision unsatisfactory. If despite sufficiency of evidence prosecutor refuses to file information, it is GAD. Obligation to prosecute becomes mandatory if sufficient information. (Metropolitan Bank v. Reynaldo)
        
        Intervention of an offended party - Sec. 16
        
        CIVIL ACTION - Under RPC 100 every crime comes with a civil liability, a private offended party can intervene in the prosecution of the crime where the civil action for recovery of civil liability is instituted in the criminal action.
        
        Exceptions -
        
        (1) Where crime does not have a civil liability;
        
        (2) Where there is a waiver of civil action;
        
        (3) where the offended party reserves the right to institute the civil action separately;
        
        (4) where the civil action has been constituted prior tot he criminal action
        
        Prescription - Institution of a criminal action interrupts the period of prescription of the offense charged, unless otherwise provided.
        
        Preliminary Investigation; Prescription - this coveerrs mere filing of complaint/information before the proper officer for the purpose of conducting a preliminary investigation. (Rule 110, Sec. 1a)
        
        Lack of Jurisdiction (Reodica v. CA & Arambulo v. Laqui Sr.) - Even if the action is filed before a court without jurisdiction, the prescriptive period is interrupted.
        
        Probable Cause - the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.
      - This refers to complaints filed in court. "Complaints" can be filed by any party before fiscals. (Ebarle v. Judge Sucaldito)
- - - - Exception does not mean that extinction of criminal liability in an action for BP 22 violation extinguishes the civil liability. (Rimando v. Adalba) It only prohibits the filing of a reservation of a civil action in BP 22. There can still be a separate civil action if the same is filed prior to the institution of the criminal action but will be merged upon filing of the criminal action.
      - Exception - a violation of BP 22 cannot have an independent civil action. If there is one filed prior to the institution of criminal action then it shall be merged. (Rule 111 - Sec. 1)
        
        Section 1. Institution of criminal and civil actions.—(a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
        
        The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation.
        
        When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor shall constitute a first lien on the judgment awarding such damages. Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court. Except as otherwise provided in these Rules, no filing fees shall be required for actual damages. No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action. (1a)
        (b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed. Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed. Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall pay additional filing fees based on the amounts alleged therein. If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the judgment. Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with the court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions.
      - Rule 111 Sec. 2 -
        
        GR - After the criminal action is commenced, separate civil action cannot be instituted until final judgment in the criminal action.
        
        But, if there is already one ongoing proceedings there are suspended.
        
        However, upon motion of the offended party the separate civil case may be consolidated with the criminal case.
        
        XCPN - UNLESS such consolidation will prejudice the right of the parties to present additional evidence.
        
        Section 2. When separate civil action is suspended.—After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case 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. (n) 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. (2a)
      - Independent Civil Action - Rule 111 Sec. 3 - Can be based on Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines.
        
        But this bars double recovery if favorable ruling secured there. If independent civil action based on these articles, then no need to reserve the filing of a separate civil action as they are independent source of obligations.
        
        Independent vs Separate Civil Action - there can be a separate civil action based on obligations ex delicto. But, independent civil actions may also be filed based on NCC sources of obligation.
        
        Thus, separate civil action ex delicto is suspended during the proceedings of the criminal action (Sec. 2) BUT an independent civil action based on NCC will not be suspended.
        
        Rule on filing fees -
        
        General Rule - the actual damages claimed are not included in the computation on filing fees.
        
        Damages - when the amount of damages (other than actual damages) is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing of C/I.
        
        If amount not alleged, then corresponding filing fees need not be paid. Instead, only a first lien on the judgment
        
        XCPN Actual Damages - No filing fees required.
        
        Exception - In BP 22 cases, the amount of the check involved is considered as actual damages (thus no separate civil action.
        
        Estafa - filing fees shall be paid based on the amount involved.
    - - Death of the accused (Sec. 4)
        
        Prejudicial Question
        
        Elements of a 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 (i.e. will affect guilt or innocence) -
        
        When Available - This applies only to cases where there is one civil action and one criminal action. Specifically, where a civil action was instituted prior to the criminal action. (Torres v. Garchitorena)
        
        APPLICATION
        
        Section 6. Suspension by reason of prejudicial question. — A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. (6a)
        
        Section 7. Elements of prejudicial question. — The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed. (5a)
        
        BP22/Bouncing Checks - Generally, not a prejudicial question.
        
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        XCPN - Prejudicial question serves as the exception to GR that a criminal action suspends civil action.
        
        Determinative - if one of the issues in the civil case will prove/disprove one of the essential elements of the crime.
        
        Where Filed (Rule 111 Sec. 6)
        
        In the court where the criminal action has been filed or,
        
        Office of the prosecutor conducting preliminary investigation
        
        Jurisprudential Definition - A prejudicial question is that which arises in a case, the resolution of which is a logical antecedent of the issue involved in that case. Because the jurisdiction to try and resolve the prejudicial question has been lodged in another tribunal, the applicable rule is that the proceedings in the second case may be suspended to await the resolution of the prejudicial question in the first case
        
        Administrative Cases (San Miguel v. Perez) - Action for specific performance, even if pending with an administrative agency raises a prejudicial question as it is civil in nature.
        
        Strict Application; Civil and Criminal (Alson Dev and Investment Co v. Heirs of Confesor) - Technically, prejudicial only exists if only one civil and one criminal. But, SC has liberally applied underlying rationale i.e. prevent to conflicting decisions in two civil cases, one for annulment of title and one for cancellation of leasehold agreements.
        
        Independent Civil Action - Does not operate as a prejudicial question. (Consing Jr. v. People)
        
        Final Judgment in a Civil Action (Sec. 5) - 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. (4a)
        
        Death of accused post arraignment but prior to final judgment
        
        Liability Ex Delicto - is extinguished.
        
        Independent Civil Action Liability - arising independently from a crime is not extinguished. This means that independent civil actions such as those based off of 2176, 19-21 NCC, etc. may still be maintained if instituted prior to the death.
        
        Effects of acquittal/conviction - as a general rule, acquittal will not extinguish civil liabiility. This applies to acquittals based on reasonable doubt. Note that this does not refer to independent civil actions, only to civil liability ex delicto. (Nissan-Gallery-Ortigas v. Felipe)
        
        Exception - if Court declares that the fact from which the civil liability might arise did not exist.
        
        Novation - does not extinguish criminal liability. (Metropolitan Bank v. Reynaldo)
        
        Exception - Independent civil actions based on NCC will not be affected if instituted prior to the death. But, may still be filed against the estate/legal representative of the accused. (People v. Dimaala)
        
        Death prior Arraignment - civil action may be filed against the estate, but case will be dismissed.
        
        Rationale (People v. Bayotas) - Civil liability arising from a crime is personal,
        
        ADMINISTRATIVE CASES - Acquittal here does not affect administrative liability. (Gupilan Aguilar v. Office of the Ombudsman)