CRIMINAL PROCEDURE
supporting evidences and the
RULE 110: PROSECUTION OF OFFENSE
Section 1: Institution of Criminal Action
 When P.I is required pursuant Sec 1
Rule 112 = by filing a complaint to the
proper officer for purpose of
conducting the requisite of P.I
Sec 1 Rule 112: 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.
EXCEPT in Section 7 Rule 112 a PI is
required to be conducted before the
filing of complaint or information for
an offense where the penalty
prescribed by law is at least 4 year 2
months and 1 day (421) without
regard to the fine.
Sec 2 Rule 112: Authorized Officer:
i. Provincial or City Prosecutor
and their assistants
ii. National and Regional
Prosecutors
iii. Other authorized by law
-their authority to conduct PI shall
include all crimes cognizable by the
proper court in their respective
territorial jurisdiction.
Sec 7 Rule 112: an information or
complaint filed in court shall be
supported by affidavits and counter
affidavits of the parties and their
witnesses together with other
resolution of the case.
Records of PI shall not form part of
the record of the case, however, the
court in its initiative may order the
production when necessary in the
resolution of the case or any incident
therein or when it is introduced as
evidence by requesting party
 For all offenses = by filing a complaint
or information directly to MTC and
MCTC or the Prosecutors office. In
Manila and other chartered cities it
shall be filed with the Prosecutors
offices otherwise provided in their
charters.
The institution of criminal action shall
interrupt the period of prescription unless
otherwise provided.
Section 2: Complaint or Information
- It shall be in writing, in the name of the
People of the Philippines and against all
persons who appear to be responsible for
the offense involved.
Section 3: Complaint
- It is a sworn statement charging a person
with an offense, subscribed by the
offended party, any peace officer, or public
officer, charged with the enforcement of
the law violated.
- Interest of private complainant is limited to
civil liability, that of a witness of the
prosecution.
- If criminal case was dismissed or if there is
acquittal, appeal on the criminal aspect may
be undertaken only by the State through
 Solicitor General for the reason the only the
SolGen may represent the People
Section 4: Information
- Is an accusation in writing charging a
person with an offense, subscribed by the
prosecutor and filed with the court.
- Not required to be sworn like complaint
- Only a prosecutor may subscribe
A complaint must be sworn under oath while
information requires no oath and merely
requires that it be an accusation in writing
because the prosecutor filing is under the
oath of his office.
A complaint is subscribed by the offended
party or any peace officer or other public
officer charged with the enforcement of the
law while information is subscribed by the
prosecutor
Section 5: Who must prosecute criminal
actions.
- all criminal actions commenced by a
complaint or information shall be
prosecuted under the direction and control
of the prosecutor.
- the private prosecutor may be authorized
in writing by the Chief of Prosecution Office
or the RSP to prosecute the case subject to
the approval of the court. Once authorized
he may continue to prosecute the case up to
the end of the trial in the absence of public
prosecutor unless such authority is revoked
or withdrawn.
- In crimes of adultery and concubinage the
offended party must include the guilty
parties, if both are alive, nor, in any case, if
the offended party has consented to the
offense or pardoned the offenders.
- In crimes of seduction, abduction and acts
of lasciviousness upon filing of the complaint
by the offended party, her parents or
grandparents nor offender has expressly
pardoned by any of them. If offended party
dies or become incapacitated and had no
known parents or guardians, the State shall
initiate criminal action in her behalf
- a minor offended party may initiate
criminal action independently unless
incompetent or incapable of doing so. If the
minor fails to file the complaint, her parents,
grandparents or guardians may do so. The
right to file the action granted to the
parents, grandparents and guardians shall
be exclusive of all other person and shall be
exercised successively in the order herein
provided except as stated in the preceding
paragraph (the State).
- no criminal action for defamation which
consist of imputation of any offenses
mentioned above shall be brought except at
the instance of and upon complaint filed by
the offended party
- prosecution for violation of special laws
shall be governed by their provisions.
Section 6: Sufficiency of complaint or
information.
A complaint or information is deemed
sufficient if it contains the following:
i. The name of the accuse, if
committed by more than one, all
names shall be included
ii. The designation of the offense given
by the statute
iii. The acts or omission complained of
as constituting offense
iv. The name of the offended party
v. The proximate date of the
commission of the offense
vi. The place where the offense was
committed
Test of Sufficiency for Complaint
- whether the crime is described in
intelligible terms with such particularity as t
apprise the accused with reasonable
certainty of the offense charged to enable
the accused to suitably prepare for his
defense.
Test of Sufficiency for Information
- it must validly charge an offense. Whether
an information validly charges an offense
depends on whether the material facts
alleged in the complaint or information shall
establish the essential elements of the
offense charged.
constituting the offense, and specify its
qualifying or aggravating circumstances. If
no designation reference shall be made to
the section or subsection of the statute
punishing it.
- it is enough that the offense be described
with sufficient particularity to make sure the
accused fully understand what he is being
charged with.
Effect of failure to designate or failure to
mention the provision violated:

Section 7: Name of the Accused

- the name or surname of the accused or any

appellation or nickname by which he has
been or is known.
- If it cannot be ascertained, he must be
described under fictitious name with a
statement that his true name is unknown
- if the true name of the accused is thereafter
disclosed by him or appears in some other
manner to the court, such true name shall be
inserted in the complaint or information and
record.

- the first duty of the prosecution is to prove

the identity of the criminal, for even if the
commission is established there can be no
conviction without proof of identity.

TWO FOLD TASK of Prosecution

- prove beyond reasonable doubt
- establish the same quantum of proof the
identity of the person or persons responsible

Section 8: Designation of the Offense

- the complaint or information shall state the
designation of the offense given by the
statute, avert the acts or omission