Criminal Procedure |
- Even if the offender to be investigated is a public
RULE 110
INSTITUTION OF CRIMINAL ACTIONS
For the institution of criminal actions, we need to know
the IMPOSABLE PENALTY for the offense to determine
if it requires to undergo preliminary investigation or not.
Imposable Penalty:
 Imprisonment of at least 4 years, 2 months, and
1 day or more – Preliminary Investigation is
required.
 if it is below 4 years, 2 months and 1 day – no PI
is required.
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. (Rule 112, Section
1 ROC)
- It is required before the filing of a complaint or
information for an offense where the penalty is
at least 4 years, 2 months and 1 day
without regard to the fine.
- Purpose: to find a probable cause, and not to
find the guilt or innocence of the accused.
Probable cause is what is required in PI. It is enough that
there is a well-founded belief that an offense has been
committed and the person is guilty.
If preliminary investigation is required:
it must be filed with the proper officer who is authorized
by law to conduct a preliminary investigation.
Officers authorized to conduct a preliminary
investigation (Rule 112, Section 2 ROC):
1. City and Provincial Prosecutors and their
assistants;
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law.
Sanchez vs. Demetriou
- SC held that even the Office of the Ombudsman
has the authority to conduct investigation with
respect to public officers.
officer, it may still be filed with the office of the
city/provincial prosecutors, as the case may be.
o Reason: The jurisdiction of the
Ombudsman over public officers is
not exclusive. It is shared with other
investigating offices like the office of the
prosecutor.
There is an arrangement between the Office of the
Ombudsman and the Office of the Prosecutors.
If the offense of the public officer is in connection with
the performance of his functions: it is filed with the Office
of the Ombudsman. But even if the case is filed in the
office of the prosecutors, the case will not be dismissed.
They will just inform the ombudsman of the filing of the
case before its office.
Furthermore, if the offense is not in connection with the
performance of his functions and it is filed with the office
of the Ombudsman, it will also not be dismissed. It only
has to inform the city/provincial prosecutor of the filing of
the case before the Ombudsman.
If Preliminary investigation is not required:
Where to file the complaint if the offense is
punishable by imprisonment of not exceeding 4
years, 2 months, and 1 day (Rule 110, Section 1,
Paragraph B ROC):
“For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered
cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters.”
“For all other offenses” – offenses not requiring
preliminary investigation.
The affidavit or complaint will be filed with the:
1. MTC/MCTC; OR
- Exception: In Manila or other chartered cities
(e.g. Cebu City, Mandaue City, or Lapu2x City) –
it shall be filed with the office of the prosecutors.
2. Office of the Prosecutor
Example:
The offense happened in Medellin (part of Bogo City which
is not a chartered city), and the imposable penalty is
imprisonment not exceeding 4 years, 2 months and 1 day
(oral defamation), you have 2 options in filing the case:
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1. MTC/MCTC terminate without the accused being convicted or
2. Office of the Prosecutor (Provincial Prosecutor of acquitted, or are unjustifiably stopped for any reason not
Cebu) imputable to him.

Advantages of having a preliminary investigation The term of prescription shall not run when the offender
(especially for the defendant): is absent from the Philippine Archipelago.”

1. You have the opportunity to controvert the
charges before a case is filed with the court by
submitting a counter-affidavit.
2. If there is a probable cause found against the
accused, the accused can file a motion for
reconsideration.
3. If the MR is denied, the accused can still file the
case on appeal either to the state prosecutor/DOJ
Secretary.
4. If there is PI, you are not automatically the
accused in the criminal case because there is not
direct filing in the court yet.
Reasons why the option of filing with the office of
the prosecutor is existing, although it does not
require PI:
1. The prosecutor knows the proper designation of
the offense.
2. So that your case may still be reviewed by the
prosecutor and would know what proper offense
to charge in the information.
Disadvantage: if the prosecutor finds that there is no
probable cause to charge the respondent, then it will not
recommend the filing of the case. (rule of mirisi applies).
The prescriptive period shall not run until the discovery of
the offense, and the on the day of the commission of the
offense.
Article 90, RPC (Prescription of crime):
“Crimes punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in 20 years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe
in ten years; with the exception of those punishable by
arresto mayor, which shall prescribe in five years.
The crime of libel (written libel) or other similar offenses
shall prescribe in one year.
The crime of oral defamation and slander by deed shall
prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the
highest penalty shall be made the basis of the application
of the rules contained in the first, second and third
paragraphs of this article.”

Last paragraph of Section 1, Rule 110 ROC: Act No. 3326 (An Act to Establish Periods of
Prescription for Violations Penalized by Special
“The institution of the criminal action shall interrupt the
Acts and Municipal Ordinances and to Provide
period of prescription of the offense charged unless
When Prescription Shall Begin to Run):
otherwise provided in special laws.”
Violation Prescriptive Period
In filing a case of the offense of violation of a
Municipal Ordinance After 2 months
municipal ordinance in the office of the prosecutor,
Only fine, imprisonment
will it interrupt the running of the prescriptive for not more than 1 After 1 year
period? month, or both
we need to know when the prescriptive period will start Imprisonment for more
than 1 month but less After 4 years
to run:
than 2 years
Section 91, RPC (Computation of Prescription of Imprisonment for 2 years
Offenses): or more but less than 6 After 8 years
years
“ The period of prescription shall commence to run from Imprisonment for 6 year
After 12 years
the day on which the crime is discovered by the offended more
party, the authorities, or their agents, and shall be Laws administered by BIR After 5 years
interrupted by the filing of the complaint or information, Treason After 20 years
and shall commence to run again when such proceedings

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Act No. 3326 must be read in conjunction with Article 90 2. Violations of the rental law;
of the RPC with respect to prescription of crimes.
3. Violations of municipal or city ordinances;
Zaldivia vs. Reyes (violation of municipal
4. All other criminal cases where the penalty prescribed
ordinance)
by law for the offense charged is imprisonment not
- It was ruled that as for offenses in violation of exceeding six months, or a fine not exceeding (1,000), or
municipal ordinance, the prescriptive period shall both, irrespective of their imposable penalties, accessory
only be interrupted the moment the information or otherwise, or of the civil liability arising therefrom:
is filed in court. Provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall
Panaguiton vs. DOJ and PP vs. Pangilinan
govern where the imposable fine does not exceed ten
(violation of special law)
thousand pesos (10,000).”
- It is enough that the complaint is already filed
Section 11, Revised Rules of Summary Procedure
with the office of the prosecutor and that (How commenced):
already stops the running of the prescriptive
period. “The filing of criminal cases falling within the scope of this
rule shall be either by complaint or by information:
Does the ruling in the case of PP vs. Pangilinan
Provided, however, that in Metropolitan Manila and in
overturned the ruling in Zaldivia vs. Reyes?
chartered cities. Such cases shall be commenced only by
Zaldivia vs. Reyes - violation of municipal information, except when the offense cannot be
ordinance prosecuted de oficio.

- In cases involving violation of municipal
ordinances, the period of prescription shall be
suspended only when judicial proceedings are
instituted.
Jadewell Parking System Corp. vs. Judge Nelson
Lidua (G.R. No. 169588, Oct. 7, 2013) – violation
of city ordinance
- In cases involving violation of municipal
ordinances, the period of prescription shall be
suspended only when judicial proceedings are
instituted.
- The case is about vehicles that were clamped and
the owners destroyed the clamp so there was a
violation of city ordinance.
- The SC reiterated the previous ruling of Zaldivia
vs. Reyes.
- Violation of municipal ordinance is covered by
rules of summary procedure.
The complaint or information shall be accompanied by the
affidavits of the complaint and of his witnesses in such
number of copies as there are accused plus two copies for
the court’s files. If this requirement is not complied with
within 5 days from the date of filing, the care may be
dismissed.”
What if the offense is violation of municipal
ordinance, will the ruling in Zaldivia vs. Reyes be
applied?
- Yes. It is the filing of complaint or information in
court that effectively holds the running of the
prescriptive period.
Section 20, DOJ National Prosecutors Service
Manual for Prosecutors:
“…for an offense covered by the Rules on Summary
Procedure, the period of prescription is interrupted only
by the filing of the complaint of information in court.”

Sec. 1, Revised Rules of Summary Procedure: Summary:

“This rule shall govern the summary procedure in the
Metropolitan Trial Courts, the MTC in Cities, the MTC, and
the MCTC in the following cases falling within their
jurisdiction:
B. Criminal Cases:
1. Violations of traffic laws, rules and regulations;
- The offense is violation of city, municipal, or
provincial ordinance, as the case may be (Zaldivia
vs. Reyes): it is only the filing of the complaint or
information in court that holds the running of the
prescriptive period.
- Violation of special laws (Panaguiton and
Pangilinan Case): the complaint filed with the

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office of the prosecutor will hold the running of
the prescriptive period.
o So the cases of panaguiton and
Pangilinan still holds true but only with
respect to violations of special law.
- Filing of the case:
o If complaint: office of the prosecutor
o If information: court (the prosecutor will
be the one to file it)