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Criminal Procedure (Complaint
sworn written statement charging a person…
Criminal Procedure
Complaint
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
Information
an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court
charge only one offense, except when the law prescribes a single punishment for various offenses
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after plea, during trial
formal amendment - with leave
should not cause prejudice to rights of accused
Amendment before plea which downgrades nature of offense charged/excludes accused
motion by prosec
notice to OP
leave of court
Any time before judgment, mistake as to the charge of proper offense
court dismiss original complaint upon filing new one charging proper offense
accused should not be placed in double jeopardy
court may require witnesses to give bail for appearance at the trial
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.
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Adultery
Concubinage
complaint filed by offended spouse
including the guilty parties, if both are alive
cannot file a case if offended party consented to the offense or pardoned the offenders.
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Defamation
no criminal action which consists in the imputation of any of the offenses of adultery, concubinage, seduction, abduction, acts of lasciviousness shall be brought except at the instance of and upon complaint filed by offended party.
Place
CI is sufficient if it can be understood that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court,
unless the particular place where it was committed constitutes
an essential element of the offense charged or is necessary for its identification
instituted in court of the municipality or territory where the offense was committed or where any of the essential ingredients occurred
train, aircraft, public or private vehicle
court where said TAP passed during its trip including place of departure and arrival
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committed outside PH, under Art. 2 of RPC
where criminal action is first filed
How instituted
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the institution of the criminal action shall interrupt the period of prescription of the offense charged unless otherwise provided in special laws
Name of offended party
Name, surname
Appellation or nickname
Fictitious name
Offense against property if OP not known
property must be described with such particularity as to properly identify the offense charged
If true name is thereafter disclosed, court must cause such true name to be inserted in the complaint and the record
OP is juridical person
Name
Designation by which it is known or identified
No need of averring that it is a juridical person or that it is organized in accordance with law
Cause of accusation
*The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be:
- stated in ordinary and concise language and not necessarily in the language used in the statute
- in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and
- for the court to pronounce judgment*
Date
not necessary to state the precise date except when material ingredient of the offense.
date as near as possible to the actual date of commission
Offended party may intervene where civil action for recovery of civil liability is instituted with the criminal action
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