1) How are criminal actions officer, or other

instituted? public officer

Criminal actions shall be charged with
instituted as follows: the
(a) For offenses where a preliminary enforcement
investigation is required, by filing of the law
the complaint with the proper officer violated
for the purpose of conducting the Sworn to by the Need not be under
requisite preliminary investigation. person signing oath since the
(b) For all other offenses, by filing it. prosecuting
the complaint or information officer filing it is
directly with the MTC or the already
complaint with the office of the acting under his
prosecutor oath of
office
2) What is the effect of May be filed Always filed with
institution of the criminal action? either with the the
office of the court.
prosecutor or
3) Can criminal action be with the
enjoined? If yes, in what instance? court.

7) Who must prosecute criminal

4) What is a complaint? actions?
A complaint is a sworn The general rule is that all
written statement charging a person criminal actions commenced by the
with an offense, subscribed by the filing of a complaint or information
offended party, any peace officer, or shall be prosecuted under the
other public officer charged with the direction and control of the
enforcement of the law violated. prosecutor. However, in the
Municipal Trial Courts and
5) What is an Information? Municipal Circuit Trial Courts, if the
An information is an accusation in prosecutor is not available, the
writing charging a person with an offended party, any peace officer, or
offense, subscribed by the other officer charged with the
prosecutor and filed with the court. enforcement of the law violated
may prosecute. This authority ceases
6) Differentiate complaint from upon actual intervention by a
information? prosecutor or upon elevation of the
COMPLAINT INFORMATION case to the RTC.
May be signed Always signed by
by the offended prosecuting 8) Can the Fiscal refuse the
party, any peace officer prosecution of an offense?
9) Supposing A was mauled by circumstance in the information but
B. The medical certificate of A established during trial?
indicated that his injury requires a
healing period of 15 days. What 19) Supposing the information
should A do to attain justice? Should for Rape failed to describe the
A first lodge a complaint before describe the certain circumstance as
Barangay Conciliation Proceeding? “aggravating/qualifying” will it be
sufficient for the court to appreciate
10) What is the rule regarding those circumstances?
prosecution of adultery and
concubinage? 20) How should acts and
omissions constituting offense be
11) Who are the persons allowed described in the information?
to file cases for violations of R.A
7610? 21) Under what manner should
place of commission of the offense
12) Can a Fiscal refuse to be alleged in the information?
prosecute a crime after his motion to
dismiss, anchored on the finding of a 22) Is it indispensable to state the
reinvestigation that no probable exact date of commission of offense?
cause exists, was denied?
23) How should the offended
13) What is the test for party be mentioned in the
sufficiency of a complaint or information.
information.
24) Should a complaint or
14) Supposing that an information charge only one
information was defective because it offense?
charged a single accused when in
fact there were two, can it be raised 25) Is amendment of the
during appeal? information allowed?

16) Supposing the accused was 26) What is double jeopardy?

arraigned under a wrong name, will
it invalidate the information? 27) What is the rule on regarding
the location of institution of criminal
17) What is the rule in the action?
designation of the offense in the
complaint? 28) What is the rule in the
intervention of offended party in the
18) What is the effect of failing to criminal case?
allege qualifying and aggravating