Riano Helped Me Alot

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CRIMINAL PROCEDURE NOTESPage 1 of 120

BY: MA. ANGELA LEONOR C. AGUINALDOATENEO LAW 2D 2010

PRELIMINARY CHAPTER

WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TOAPPLICATION?

! Public and private law!

Public law: laws that define the relationship between the Stateand the individual (e.g Constitution, Revised Penal Code)

! Private law: laws that define the relationship between individuals(e.g Civil Code, Commercial laws)

WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO ITSNATURE?

! Substantive and procedural law! Substantive law is the law that creates, defines and regulates! Procedural law defines the method or proceedings in the

enforcement of the rights and duties defined in substantive law

SUBSTANTIVE LAW:1.

Creates

2.

Defines3.

Regulates

WHAT IS CRIMINAL PROCEDURE?!

Criminal procedure is the method prescribed by law for theapprehension and prosecution of persons accused of any criminaloffense and for their punishment, in case of conviction

! As applied to criminal law, procedural law provides or regulatesthe steps by which one who has committed a crime is to bepunished

MEMORY AID: CRIMINAL PROCEDURE IS THE1.

METHOD prescribed by law2.

For the APPREHENSION AND PROSECUTION of

3.

Persons ACCUSED OF ANY CRIMINAL OFFENSE and4.

For their PUNISHMENT, in case conviction

WHAT IS CRIMINAL PROCEDURE CONCERNED WITH?!

Procedural steps through which the criminal case passescommencing with the investigation of a crime and concluding withthe unconditional release of the offender

! Generic term to describe the network of laws and rules whichgovern the procedural administration of criminal justice

WHAT ARE THE SOURCES OF CRIMINAL PROSECUTION?

1.

Spanish law on criminal procedure2.

General Order No. 58, dated April 23, 19003.

Amendatory acts passed by the Philippines Commission4.

The quasi-acts, the Philippine Bill of 1902, the Jones law of 1916,Tydings-McDuffie Law, and the Constitution of the Philippines

5.

The Rules of Court of 1940, and the 1964, 1985, and 1988 Ruleson Criminal Procedure

6.

Various Republic Acts: RA 240; New Rule 127, providing forattachment; RA 296, Judiciary Act of 1948 defining criminal jurisdiction; BP 129, as amended by RA 7691; RA 8249 creatingthe Sandiganbayan; RA 8349: Speedy Trial Act of 1998

7.

Presidential decrees8.

Article 3: Bill of Rights of 1987 Constitution9.

Civil Code, in particular Articles 32, 33, and 3410.

Certain judicial decisions11.

Circulars12.

The Revised Rules on Criminal Procedure

WHAT ARE THE THREE SYSTEMS OF CRIMINAL PROCEDURE?1.

THE INQUISITORIAL SYSTEM2.

THE ACCUSATORIAL SYSTEM3.

THE MIXED SYSTEM

INQUISITORIAL SYSTEM! Detection and prosecution of offenders are NOT LEFT IN THE

INITIATIVE OF PRIVATE PARTIES but to the officials and agents ofthe law

! Resort is to SECRET INQUIRY to discover the culprit, and violenceand torture are often employed to extract confessions

!

Judge not limited to evidence brought before him but couldproceed with his own inquiry which is not confrontational

!

Characterized by secrecy—public doesn’t know of the proceedings

ACCUSATORIAL SYSTEM! Every citizen or member of the group to which the injured party

belongs may bring the accusation against a person suspected asthe offender

!

Action supposed to be a combat between the parties---thesupposed offender has the right to be confronted by his accuser

! Battle takes form of a public trial and is judged by a magistratewho renders a verdict

! The essence of this system is the right to be presumed innocent—to defeat this presumption, the prosecution must establish proofof guilt beyond reasonable doubt or moral certainty


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! Judicial setup in the Philippines is accusatorial in nature! Characterized by being public

MIXED SYSTEM! Combination of the inquisitorial and accusatorial systems

CRIMINAL LAW CRIMINAL PROCEDUREEssentially substantive—definescrimes, treats of their nature, andprovides for their punishment

Remedial or procedural—method bywhich a person accused of a crimeis arrested, tried and punished

What acts are punishable How the act is punished

HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED?!

Liberally construed in favor of the accused! Strictly construed against the State

WHY SHOULD THE RULES OF CRIMINAL PROCEDURE BE

CONSTRUED LIBERALLY IN FAVOR OF THE ACCUSED?! The purpose is to even the odds between the accused and themachineries of the State

MAY THE RULES OF CRIMINAL PROCEDURE BE GIVENRETROACTIVE EFFECT?

! It is a general rule that rules of procedure may be givenretroactive effect as far as it benef its the accused

WHAT IS JURISDICTION?! Power or authority given by the law to a court or tribunal to hear

and determine certain controversies! Power of courts to hear and determine a controversy involving

rights which are demandable and enforceable

VENUE JURISDICTIONParticular country or geographicalarea in which a court with jurisdiction may hear or determinea case

Power of the court to decide a caseon the merits

Place of trial

Procedural Substantive

In civil cases, may be waived orstipulated by the parties

Granted by law or by the constitutionand cannot be waived or stipulated

IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE

SAME?!

Yes, it should be filed where the crime is committed.! This is different from civil cases, wherein venue and jurisdiction

are different with one another

CRIMINAL JURISDICTION!

Authority to hear and try a particular offense and impose thepunishment for it

ELEMENTS OF CRIMINAL JURISDICTION1.

Nature of the offense and the penalty attached thereto2.

Fact that the offense has been committed within the territorial jurisdiction of the court

WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINALJURISDICTION?

1.

Jurisdiction over the person2. Jurisdiction over the territory3. Jurisdiction over the subject matter

WHAT IS JURISDICTION OVER THE SUBJECT MATTER?!

Power to hear and decide cases of the general class to which theproceedings in question belong and is conferred by the sovereignauthority which organizes the court and defines its powers

WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECTMATTER?

1.

Nature of the offense2.

Authority of the court to impose the penalty imposable given the

allegation in the information3.

Territorial jurisdiction of the court imposing the penalty

WHICH LAW DETERMINES THE JURISDICTION OF THE COURT—THELAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSEOR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION ISFILED?

!

General rule: the law as of the time when the action is filed, andnot when the offense was committed

! Exception to the rule: where jurisdiction is dependent on thenature of the position of the accused at the time of the


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commission of the offense—in this case, jurisdiction is determinedby the law in force at the time of the commission of the offense

WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIMEWHEN THE ACTION IS FILED?

!

Since otherwise, it would amount to an ex post facto law if the lawis given retroactive effect and it is not beneficial to the accused.

WHAT IS ADHERENCE OF JURISDICTION?!

Once jurisdiction is vested in the court, it is retained up to the endof the litigation

!

Remains with the court until the case is finally terminated! Exception to the rule: when a newly enacted statute changing the

jurisdiction of a court is given retroactive effect. It can divest acourt of jurisdiction over cases already pending before it is whichwere filed before the statute came to force or became effective.

WHAT IS THE MOST IMPORTANT PRINCIPLE ON JURISDICTION?! Jurisdiction is conferred by law

!

This means that it cannot be the subject of stipulation or waiver

HOW IS JURISDICTION DETERMINED?!

It is determination of the allegations contained in the complaint orinformation

SITUATION: X WAS CHARGED WITH AN OFFENSE WHOSE PENALTYIS BELOW 6 YEARS. THE CASE WAS FILED WITH THE MTC. AFTERTRIAL, THE MTC CONVICTED HIM OF THE CRIME WITH A HIGHERPENALTY THAN 6 YEARS. X QUESTIONED THE CONVICTION,CLAIMING THAT THE MTC HAS NO JURISDICTION OVER THEOFFENSE SINCE THE PENALTY PRESCRIBED FOR IT WAS HIGHERTHAN 6 YEARS. VALID?

! X is wrong

!

Jurisdiction over the subject matter is determined by theAUTHORITY OF THE COURT TO IMPOSE THE PENALTY IMPOSABLEGIVEN THE ALLEGATION IN THE INFORMATION

!

Not determined by the penalty that may be meted out to theoffender after trial but to the extent of the penalty which the lawimposes for the crime charged in the complaint

IF DURING THE PROCEEDINGS, THE COURT FINDS THAT IT HAS NOJURISDICTION, HOW SHOULD IT PROCEED?

!

Lower courts should simply dismiss the case

! Where the case is filed in the Supreme Court or the Court ofAppeals, these courts can refer the case to the court with proper jurisdiction

WHAT IS THE JURISDICTION OF THE MUNICIPAL TRIAL COURTS INCRIMINAL CASES?

1.

Exclusive original jurisdiction over all violations of city ormunicipal ordinances committed within their respective territorial jurisdiction

2.

Exclusive original jurisdiction over all offenses punishable withimprisonment not exceeding 6 years, regardless of the fine orother accessory penalties and civil liability

3.

Offenses involving damage to property through criminalnegligence

4.

In cases where the only penalty provided by law is a fine, it hasexclusive jurisdiction over offenses punishable by a fine notexceeding P4000

5.

In election offenses, cases involving failure to register or failure tovote

6.

Special jurisdiction to hear and decide petitioners for a writ ofhabeas corpus or application for bail in the province or city wherethe RTC judge is absent

7.

Cases involving BP 22—Bouncing Checks Law

WHAT IS THE JURISDICTION OF REGIONAL TRIAL COURTS INCRIMINAL CASES?

1.

Exclusive original jurisdiction in criminal cases not within theexclusive jurisdiction of any court, tribunal or body, except thosefalling under the exclusive and concurrent jurisdiction of theSandiganbayan

All criminal cases where the penalty is higher than 6 years,including government-related cases wherein the accused in not

one of those falling under the jurisdiction of the Sandiganbayan iswithin the jurisdiction of the RTC.

2.

Other laws which specifically lodge jurisdiction in the RTCa.

Laws on written defamation or libelb.

Decree on Intellectual Propertyc. Dangerous Drugs Cases except where the offenders are

below 16 years and there are Juvenile and DomesticRelations Courts in the province


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! The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except inapplications for bail, in which instance the presence of the accusedis mandatory.

WHY IS IT NOT NECESSARY FOR THE COURT TO FIRST ACQUIREJURISDICTION OVER THE PERSON TO ACT ON A MOTION EXCEPTIN APPLICATIONS FOR BAIL?

!

Personal presence is needed in bail—the court needs to know whothe person seeking liberty is

SITUATION: X QUESTIONS THE LEGALITY OF HIS ARREST. HECOMES BEFORE THE COURT TO APPLY FOR BAIL. DID HE WAIVEHIS RIGHT TO QUESTION THE LEGALITY OF HIS ARREST?

! Application for bail is not a waiver on the part of the arrestedperson as long as he has not entered his plea

CAN A PERSON WAIVE TO QUESTION THE ILLEGALITY OF HISARREST?

!

He cannot question the illegality of his arrest after he enters hisplea

! He must question the illegality before arraignment or before heenters his plea

HOW ARREST IS TO BE MADE?! An arrest is made by an ACTUAL RESTRAINT of a person to be

arrested, or by his submission to the custody of the personmaking the arrest.

!

No violence or unnecessary force shall be used in making anarrest. The person arrested shall not be subject to a greaterrestraint than is necessary for his detention.

WHAT DO WE MEAN BY ACTUAL RESTRAINT?

!

When the person is deprived of liberty or otherwise in the custodyof the person making the arrest

IS THERE AN EXCEPTION TO THE RULE OF PHYSICAL PRESENCE INAPPLICATION FOR BAIL?

! See the PADARANGA CASE

WHAT ARE THE REMEDIES OF A PERSON ILLEGALLY ARRESTED?1.

By the filing of a motion to quash2.

Refuse to enter plea (?)

WHAT IS THE RELATION OF THE PRINCIPLE OF ESTOPPEL TOILLEGALITY OF ARRESTS?

!

A person who has not questioned the illegality of his arrest cannot do so after a certain period

DOES THE PRINCIPLE OF ESTOPPEL APPLY TO THE STATE?! No, it does not apply

RULE 110 - PROSECUTION OF OFFENSES

Section 1. Institution of criminal actions.– Criminal actions shall beinstituted as follows:

(a) For offenses where a preliminary investigation is requiredpursuant to section 1 of Rule 112, by filing the complaint with theproper officer for the purpose of conducting the requisitepreliminary investigation.

(b) For all other offenses, by filing the complaint or information

directly with the Municipal Trial Courts and Municipal Circuit TrialCourts, or the complaint with the office of the prosecutor. In Manilaand other chartered cities, the complaints shall be filed with theoffice of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running ofthe period of prescription of the offense charged unless otherwiseprovided in special laws.

HOW ARE CRIMINAL ACTIONS INSTITUTED?1.

For offenses where a preliminary investigation is required, by filinga complaint with the proper officer for the purpose of conductingthe requisite preliminary investigation

2.

For the other offenses, by filing the complaint or information

directly with the MTC or complaint with the office of theprosecutor

WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINALACTIONS ON THE PERIOD OF PRESCRIPTION OF THE OFFENSE?

! It shall interrupt the running off the period of prescription of theoffense unless otherwise provided for in special laws

! Rule doesn’t apply to violations of municipal ordinances andspecial laws—interrupted only by the institution of the judicialproceedings for their investigation and punishment, whileviolations of municipal ordinances prescribe after 2 months


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INSTITUTION COMMENCEMENTFor offenses which requirepreliminary investigation, the

criminal action is instituted by filingthe complaint for preliminaryinvestigation

Criminal action is commenced whenthe complaint or information is filed

in court

WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPONBARANGAY TO THE RUNNING OF PRESCRIPTION?

! It would interrupt the running of the prescriptive period but itshould not be for more than 60 days

! Sixty days counted from the time when the Lupon Secretarycertifies that no conciliation or settlement was reached or uponrepudiation of the parties of the agreement

CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE ACRIMINAL ACTION?

! No. General rule is that before a complaint is filed in court, thereshould have been a confrontation between the parties before theLupon Chairman. The Lupon secretary should certify that noconciliation or settlement was reached attested to by the LuponChairman.

! The complaint may also be filed if the settlement is repudiated bythe parties

! Note: Lupon Tagapamayapa

WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAYLAW?

1.

While the dispute is under mediation conciliation or arbitration,the prescriptive periods for offenses and cause of action underexisting laws shall be interrupted upon filing of the complaint withthe Punong Barangay

2.

Prescriptive periods shall resume upon receipt by the complainantof the complaint or the certificate of repudiation or of thecertification to file action filed by the Lupon or Pangkat secretary

3.

Provided however, that such interruption shall not exceed 60 daysfrom the filing of the complaint with the Punong Barangay

WHAT ARE THE EXCEPTIONS TO THE RULE?1.

Where the accused is under detention2.

Where a person has been otherwise deprived of personal libertycalling for habeas corpus proceedings

3.

Where actions are coupled with provisional remedies4.

Where the action may be barred by the statute of limitations

WHEN ARE AMICABLE SETTLEMENTS NOT ALLOWED?1. Where one party is the government or any subdivision or

instrumentality thereof2.

Where one party is a public officer or employee and the disputerelates to the performance of his official functions

3.

Offenses punishable by imprisonment exceeding 1 year or fineexceeding P5000

4. Offenses where there is no private offended party5.

Where the dispute involves real properties located in differentcities or municipalities

6.

Disputes involving parties who reside in different barangays, citiesor municipalities

7.

Other cases which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice

WHAT IS THE DIFFERENCE BETWEEN THE INSTANCES WHEN

PARTIES MAY GO DIRECTLY TO COURT AND WHEN AMICABLESETTLEMENTS ARE NOT ALLOWED?

! The difference is that when the amicable settlements are notallowed, the parties may still go to the Lupon Taga-pamayapa. Itis the Lupon that will say that it has no jurisdiction to settle thedispute, on the other hand, in the other instance, the parties maygo directly to the court without going to the Lupon

Sec. 2. The complaint or information – The complaint orinformation shall be in writing, in the name of the People of thePhilippines and against all persons who appear to be responsiblefor the offense involved.

WHAT IS THE FORM REQUIRED FOR THE COMPLAINT OR

INFORMATION?1.

Shall be in writing2.

In the name of the People of the Philippines3.

Against all persons who appear to be responsible for the offenseinvolved

WHY SHOULD THE COMPLAINT OR INFORMATION BE IN THE NAMEOF THE PEOPLE OF THE PHILIPPINES?

! Crime is considered an outrage against the peace and security ofthe people at large, its vindication must also be in the name of thepeople


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! If the complaint was instituted in the name of the offended party,such is only a defect in form and may be cured at any stage of thetrial

!

Justice Sabio: there was this person charged of raping a womanwho questions why “People of the Philippines v. Juan dela Cruz”when he has only raped one person

HOW MANY OFFENDED PARTY COULD THERE BE?!

Public and private offended parties!

The State, which is the public offended party! The individual, who is the private offended party

WHY SHOULD THE COMPLAINT BE IN WRITING?! So that the court has a basis for its decision! To inform the accused of the nature and cause of the accusation

to allow him to present his defense!

So that given the fallibility of human memory, nobody will forgetthe charge

TO WHOSE DECISION IS IT TO CHARGE PERSONS WHO APPEAR TOBE RESPONSIBLE FOR THE OFFENSE?

! Prosecutor

Sec. 3. Complaint defined. – A complaint is a sworn writtenstatement charging a person with an offense, subscribed by theoffended party, any peace officer, or other public officer chargedwith the enforcement of the law violated.

WHAT IS A COMPLAINT?1.

Sworn written statement2. Charging a person with an offense3.

Subscribed by the offended party, any peace officer, or publicofficer charged with the enforcement of the law

WHO MAY FILE A COMPLAINT?! May be filed by the offended party, any peace officer, or public

officer charged with the enforcement of the law violated

WHO IS THE OFFENDED PARTY?! Person actually injured or whose feeling is offended! One to whom the offender is also civilly liable under Article 100 of

the RPC

Article 100. Civil liability of a person guilty of felony. — Everyperson criminally liable for a felony is also civilly liable.

IF THE OFFENDED PARTY DIES BEFORE HE IS ABLE TO FILE A

COMPLAINT, CAN HIS HEIRS FILE IT IN HIS BEHALF?! No, the right to file a criminal action is personal and abates upon

the death of the offended party. It is not transmissible to hisheirs.

!

This pertains to private crimes, compared to public crimes

WHY DO WE HAVE TO MAKE A DISTINCTION BETWEEN PRIVATEAND PUBLIC CRIMES?

! There is a deference to the offended party when it comes toprivate crimes

CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON?! No, a criminal complaint cannot lie against a juridical person!

If the corporation violates the law, the officer, through whom the

corporation acts, answers criminally for his acts

MAY CRIMINAL PROSECUTIONS BE ENJOINED?! No, public interest requires that criminal acts must be immediately

investigated and prosecuted!

Why? For the protection of society ! Enjoin: to forbid or command someone to do something ! It is a matter of policy

WHAT ARE THE EXCEPTIONS TO THE RULE THAT CRIMINALPROSECUTIONS MAY BE ENJOINED?

1.

To afford adequate protection to constitutional rights of theaccused

2. When necessary for the orderly administration of justice or toavoid oppression or multiplicity of actions

3.

Where there is a prejudicial question which is sub judice (before acourt or judge for consideration)

4.

When the acts of the officer are without or in excess of authority5. Where the prosecution is under invalid law, ordinance, or

regulation6.

When double jeopardy is clearly apparent7.

Where the court had no jurisdiction over the offense8.

Where is it a case of persecution rather than prosecution9.

Where the charges are manifestly false and motivated by the lustfor vengeance


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10.

When there is clearly no prima facie case against the accused anda motion to quash on that ground has been denied

11.

Preliminary injunction has been issued by the Supreme Court toprevent the threatened unlawful arrest of petitioners

IF THE COMPLAINT IS NOT SWORN TO BY THE OFFENDED PARTY,IS IT VOID?

! No, a complaint presented by a private person when not sworn toby him is not necessarily void

!

The want of an oath is merely a defect in form, which doesn’taffect the substantive rights of the defendant on the merits

WHEN IS A COMPLAINT REQUIRED?1.

If the offense is one which cannot be prosecuted de officio2.

Offense is private in nature3.

Where it pertains to those cases which need to be endorsed byspecific public authorities

Sec. 4. Information defined. – An information is an accusation in

writing charging a person with an offense, subscribed by theprosecutor and filed with the court.

WHAT IS AN INFORMATION?1.

Accusation in writing2. Charging a person with an offense3. Subscribed by the prosecutor4.

Filed in the court

COMPLAINT INFORMATIONMay be signed by the offendedparty, any peace officer, or otherpublic officer in charge with theenforcement of the law violated

Sworn to by the person signing it

May be filed either with the officeof prosecutor or with the court

In private offenses, this would startthe proceedings

Always signed by prosecuting officer

Need not be under oath since theprosecuting officer filing it is alreadyacting under his oath of office

Always filed in the court

An information is a product of a

complaint

Sec. 5. Who must prosecute criminal actions. – All criminal actionscommenced by a complaint or information shall be prosecuted

under the direction and control of the prosecutor. However, inMunicipal Trial Courts or Municipal Circuit Trial Courts when theprosecutor assigned thereto or to the case is not available, theoffended party, any peace officer, or public officer charged with theenforcement of the law violated may prosecute the case. Thisauthority shall cease upon actual intervention of the prosecutor orupon elevation of the case to the Regional Trial Court.(Read A.M.NO. 02-2-07-SC [Effective May 01, 2002]

Latest Amendments to Section 5, Rule 110 of the Revised Rules ofCriminal Procedure which provides: "Section 5. Who mustprosecute criminal action. - All criminal actions either commencedby complaint or by information shall be prosecuted under thedirection and control of a public prosecutor. In case of heavy workschedule of the public prosecutor or in the event of lack of publicprosecutors, the private prosecutor may be authorized in writing bythe Chief of the Prosecution Office or the Regional State Prosecutorto prosecute the case subject to the approval of the court. Once soauthorized to prosecute the criminal action, the private prosecutorshall continue to prosecute the case up to end of the trial even inthe absence of a public prosecutor, unless the authority is revokedor otherwise withdrawn. x x x .").

The crimes of adultery and concubinage shall not be prosecutedexcept upon a complaint filed by the offended spouse. The offendedparty cannot institute criminal prosecution without including theguilty parties, if both are alive, nor, in any case, if the offendedparty has consented to the offense or pardoned the offenders.

The offenses of seduction, abduction and acts of lasciviousnessshall not be prosecuted upon a complaint filed by the offendedparty or her parents, grandparents or guardian, nor, in any case, ifthe offender has been expressly pardoned by any of them. If theoffended party dies or becomes incapacitated before she can filethe complaint, and she has no known parents, grandparents orguardian, the State shall initiate the criminal action in her behalf.

The offended party, even if a minor, has the right to initiate theprosecution of the offenses of seduction, abduction and acts of


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lasciviousness independently of her parents, grandparents, orguardian, unless she is incompetent or incapable of doing so.Where the offended party, who is a minor, fails to file thecomplaint, her parents, grandparents, or guardian may file thesame. The right to file the action granted to parents, grandparents,or guardian shall be exclusive of all other persons and shall beexercised successively in the order herein provided, except asstated in the preceding paragraph.

No criminal action for defamation which consists in the imputationof any of the offenses mentioned above shall be brought except atthe instance of and upon complaint filed by the offended party.

The prosecution for violation of special laws shall be governed bythe provision thereof.

WHO MAY PROSECUTE CRIMINAL ACTIONS?!

General rule: all criminal actions commenced by the filing of acomplaint or information shall be prosecuted under the direction

and control of the prosecutor! In the MTC or MCTC, if the prosecutor is unavailable, the offended

party, any peace officer or public officer in charge with theenforcement of the law violated may prosecute. This authorityceases upon actual intervention of the prosecutor or uponelevation of the case to the RTC.

CAN A PROSECUTOR BE COMPELLED TO FILE A PARTICULARCOMPLAINT OR INFORMATION?

!

No!

A prosecutor is under no compulsion to file a particular criminalinformation where he is not convinced that he has evidence tosupport his allegations thereof

! May generally be not compelled by mandamus except if the

prosecutor shows evident bias in filing the information and refusesto include co-accused without justification! But before filing of mandamus, the party must first avail himself

of such other remedies such as the filing of a motion for inclusion!

The power of prosecution is discretionary in nature

TO WHOM SHOULD ONE APPEAL A DECISION OF THE PROSECUTOR?! The decision of the Prosecutor may be appealed to the Secretary

of Justice or in special cases by the President of the Philippines

! The resolution of the Secretary of Justice may be appealed to theOffice of the President in cases of offenses punishable by death orreclusio perpetua

IS THE PROSECUTOR REQUIRED TO BE PHYSICALLY PRESENT INTHE TRIAL OF A CRIMINAL CASE?

! If he is not physically present, it cannot be said that theprosecution was under his supervision and control—as held in thecase of People v. Beriales

!

People v. Malinao and Bravo v. CA—proceedings are valid evenwithout the physical presence of the fiscal who left the prosecutionto the private prosecutor under his supervision and control

AFTER A CASE IS FILED IN COURT, TO WHOM SHOULD A MOTIONTO DISMISS BE ADDRESSED?

! Once the information is filed in court, the court acquires jurisdiction

!

Whatever the disposition the prosecutor may feel would proper inthe case thereafter should be properly addressed to the

consideration of the court, subject only to the limitation that thecourt could not impair the substantial rights of the accused or theright of the people to due process

WHERE SHOULD A MOTION FOR REINVESTIGATION BE FILED?! Should be to the trial judge and to him alone

IF THE PROSECUTOR THINKS AFTER FILING A CASE, THAT A PRIMAFACIE CASE DOES NOT EXIST, CAN HE REFUSE TO PROSECUTE?

!

No, he cannot refuse to prosecute !

He is obliged by law to proceed and prosecute the criminal action ! He cannot impose his opinion on court !

At most, he could file a Motion for Reinvestigation or a Motion toWithdraw Information

!

Justice Sabio: the judge would be stupid enough not to grant aMotion to Withdraw Information or Motion for Reinvestigation ! Serapio v. Sandiganbayan: the court may order the dismissal of a

case if it finds the absence of probable cause (essence of thecontrol of the court)

WHAT IS THE DISTINCTION BETWEEN THE CONTROL BY THEPROSECUTION AND CONTROL BY THE COURT?

! Before the filing of the case in court, the prosecution has controlover the following—what case to file, if need be; whom toprosecute; the manner of prosecution; to conduct reinvestigation


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! The right to prosecute vests the prosecutor with a wide range ofdiscretion—the discretion of whether, what, and whom to charge,the exercise of which depends on a variety of factors which arebest appreciated by the prosecutors

! After the filing of the case in court, the court has control over thefollowing—the suspension of arraignment; reinvestigation;prosecution by the prosecutor; dismissal or withdrawal of thecase; and downgrading of the offense or dropping of the accusedeven before plea; and review of the Secretary’s recommendationand reject it if there is grave abuse of discretion

WHAT ARE THE LIMITATIONS ON THE CONTROL OF THE COURT?1.

Prosecution is entitled to notice2.

The court must await the result of the petition for review3.

The prosecution’s stand to maintain prosecution should berespected by the court

WHAT ARE THE CRIMES THAT MUST BE PROSECUTED UPONCOMPLAINT OF THE OFFENDED PARTY?

1.

Adultery and concubinage2.

Seduction, abduction, acts of lasciviousness3.

Defamation which consists in the imputation of an offensementioned above

IS THERE DEFAMATION AND A PRIVATE CRIME WHEN ONE CALLSANOTHER BLASPHEMOUS AND CHRONIC LIAR?

! No, for the defamation to be considered a private crime, thereshould be imputation of committing adultery, concubinage,seduction, abduction, or acts of lasciviousness

WHAT IS A PRIVATE CRIME?!

Private offense which cannot be prosecuted except upon acomplaint filed by the aggrieved party

!

Only to give deference to the offended party who may prefer notto file the case instead of going through a scandal of a public trial

AFTER THE CASE FOR A PRIVATE CRIME IS FILED IN COURT, WHATIS THE EFFECT OF PARDON BY THE OFFENDED PARTY?

! Will not have any effect on the prosecution of the offense! Once a complaint has been filed in court, jurisdiction over the

offense will be acquired and will continue to be exercised by thecourt until the termination of the case

WHAT IS THE MEANING OF THE STATEMENT THAT COMPLIANCEWITH THE RULE IS JURISDICTIONAL?

!

Complaint filed by the offended party is what starts theprosecution, without which the courts cannot exercise their jurisdiction

!

Prosecution cannot proceed without the complaint being filed bythe complainant

CAN A FATHER FILE A COMPLAINT ON BEHALF OF HIS DAUGHTERFOR CONCUBINAGE?

! No, the rule allowing parents, grandparents, or guardians to file acomplaint on behalf of the minor applies only to the offenses ofseduction, abduction, and acts of lasciviousness

! A complaint for adultery and concubinage may only be filed by theoffended party

IF THE OFFENDED PARTY IS OF AGE IN THE CRIME OF ABDUCTION,SEDUCTION, OR ACTS OF LASCIVIOUSNESS, CAN HER PARENTS,GRANDPARENTS, OR GUARDIAN FILE THE COMPLAINT FOR HER?

!

No. If the offended party is already of age, she has the exclusiveright to file the complaint unless she becomes incapacitated

! The parents, grandparents, and guardians only have exclusivesuccessive authority to file the case if the offended party is only aminor

IF THE OFFENDED PARTY DIES DURING THE PENDENCY OF THECASE, IS THE CRIMINAL LIABILITY OF THE ACCUSEDEXTINGUISHED?

!

No, the death of the complainant during the pendency of the caseis not a ground for the extinguishment of criminal liability whethertotal or partial

X FILED A SWORN COMPLAINT FOR ACTS OF LASCIVIOUSNESS

BEFORE THE PROSECUTOR. BEFORE THE PROSECUTOR COULD FILEA CASE IN COURT, X DIED. CAN THE PROSECUTOR STILL FILE THEINFORMATION IN COURT?

!

Yes, the desire of X to file the case is evident in her filing ofcomplaint before the prosecutor

AN INFORMATION FOR ROBBERY WITH RAPE WAS FILED AGAINSTX. X MOVED TO DISMISS THE INFORMATION ON THE GROUNDTHAT THERE WAS NO COMPLAINT FILED BY THE OFFENDED PARTY.SHOULD THE CASE BE DISMISSED?


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! No, in robbery with rape, the complaint of the offended party isnot necessary since the offense of robbery is not a private offense

!

Prosecution can be commenced without the complaint of theoffended party

Sec. 6. Sufficiency of complaint or information. – A complaint orinformation is sufficient if it states the name of the accused; thedesignation of the offense given by the statute; the acts oromissions complained of as constituting the offense; the name ofthe offended party; the approximate date of the commission of theoffense; and the place where the offense was committed.

When an offense is committed by more than one person, all of themshall be included in the complaint or information.

WHEN IS A COMPLAINT OR INFORMATION DEEMED SUFFICIENT?!

It is deemed sufficient if it states the following:o

The name of the accusedo The designation of the offense as defined by statute

o

The acts or omissions complained of as constituting theoffense

o

The name of the offended partyo

The approximate date of the commission of the offenseo

The place of the commission of the offense! Nothing in Section 6 or 8 of Rule 110 mandates that the material

allegations should be stated in the preamble or caption of theInformation (People v. V illanueva)

X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OFHIS COMMON-LAW WIFE. THE INFORMATION ONLY ALLEGEDMINORITY AND RELATIONSHIP IN THE TITLE. VALID?

!

Yes. As held in People v. Villanueva, “Nothing in Section 6 or 8 ofRule 110 mandates that the material allegations should be stated

in the preamble or caption of the Information”

WHAT IS THE RATIONALE BEHIND THE REQUIREMENTS TO DEEM ACOMPLAINT OR INFORMATION TO BE SUFFICIENT?

!

This is in consonance with the accused’s right to be informed ofthe nature and cause of the accusation against him

ARTICLE 3, SECTION 14.

1. No person shall be held to answer for a criminal offensewithout due process of law.

2. In all criminal prosecutions, the accused shall be presumedinnocent until the contrary is proved, and shall enjoy the right to beheard by himself and counsel, TO BE INFORMED OF THE NATURE

AND CAUSE OF THE ACCUSATION AGAINST HIM, to have a speedy,impartial, and public trial, to meet the witnesses face to face, andto have compulsory process to secure the attendance of witnessesand the production of evidence in his behalf. However, afterarraignment, trial may proceed notwithstanding the absence of theaccused: Provided, that he has been duly notified and his failure toappear is unjustifiable.

Sec. 7. Name of the accused. – The complaint or information muststate the name and surname of the accused or any appellation ornickname by which he has been or is known. If his name cannot beascertained, he must be described under a fictitious name with astatement that his true name is unknown.

If the true name of the accused is thereafter disclosed by him orappears in some other manner to the court, such true name shallbe inserted in the complaint or information and record.

WHEN IS THE ERROR IN THE NAME OF THE ACCUSED NOT FATAL TOAN INFORMATION?

! Error in the name of the accused will not nullify the information ifit contains sufficient description of the person of the accused

WHEN SHOULD THE ERROR IN THE NAME OR IDENTITY BE RAISEDBY THE ACCUSED?

! The error should be raised before arraignment, or else it isdeemed waived

WHY SHOULD THE NAME OF THE ACCUSED BE PROVIDED?!

In the issuance of the arrest warrants!

For the court to acquire jurisdiction

Sec. 8. Designation of the offense. – The complaint or informationshall state the designation of the offense given by the statute, averthe acts or omissions constituting the offense, and specify itsqualifying and aggravating circumstances. If there is nodesignation of the offense, reference shall be made to the sectionor subsection of the statute punishing it.


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WHAT SHOULD BE INCLUDED IN THE DESIGNATION OF THEOFFENSE IN THE COMPLAINT OR INFORMATION?

1.

Designation of the offense given by the statute2. Acts and omissions constituting the offense

3.

Qualifying and aggravating circumstances4.

If there is no designation of the offense by the statute, referenceshall be made to the section or subsection of the statute punishingit

THE INFORMATION MERELY ALLEGED EVIDENT PREMEDITATIONBUT THE TRIAL COURT CONSIDERED IT IN IMPOSING THEPENALTY. VALID?

! Invalid. It is not enough that the aggravating circumstance ofevident premeditation be alleged.

! The essential elements thereof, just like the offense itself, must beclearly proven and established

X WAS CHARGED WITH HOMICIDE. CAN HE POSSIBLY BE

CONVICTED OF MURDER?! Yes. If the recitals in the complaint or information of the acts and

omissions constituting the offense actually allege murder, X canbe convicted of murder.

!

The reason is that the recital of facts and not the designation ofthe offense that is controlling

IN IMPOSING THE PENALTY FOR THE CRIME OF MURDER THE TRIALCOURT CONSIDERED THE CIRCUMSTANCE OF THE USE OF ANUNLICENSED FIREARM AS PROVEN DURING THE TRIAL TO QUALIFYTHE CRIME PURSUANT TO RA 8294, EVEN IF NOT ALLEGED IN THEINFORMATION. VALID?

!

No. The culprit’s use of an unlicensed firearm is an essentialelement, of which circumstances which must be alleged

X WAS CHARGED WITH ESTAFA BUT THE RECITAL OF FACTSACTUALLY ALLEGES THEFT. CAN X BE CONVICTED OF THEFT?

!

Yes, because it is the recital of facts, not the designation of theoffense which is controlling

X WAS CHARGED WITH ESTAFA AND THE RECITAL OF FACTSALLEGE ESTAFA. CAN X BE CONVICTED OF THEFT?

! No, the two crimes have elements that are different from eachother. To convict X of theft under an information that alleges

estafa would violate his right to be informed of the nature andcause of the accusation against him.

X WAS CHARGED WITH MURDER. CAN HE BE CONVICTED OFHOMICIDE?

!

Yes. It is the recital of the facts and not the designation of theoffense, which is controlling.

! Murder is constituted of homicide with additional qualifyingaggravating circumstances. It may be the case that the qualifyingaggravating circumstances were not proven, to convict theaccused

WHAT IS THE REASON FOR QUALIFYING OR AGGRAVATINGCIRCUMSTANCES?

! Its existence may give another designation of the offensecommitted or increase the penalty to be imposed if the accused isconvicted

WHAT SHOULD THE PROSECUTOR DO IF EVER THERE EXISTS

AGGRAVATING OR QUALIFYING CIRCUMSTANCES?! To be appreciated, it must be specifically included in the allegation

of facts.!

It must also be proven just like the crime itself—it should beproven beyond reasonable doubt

WHAT ARE NEGATIVE ALLEGATIONS? WHAT IS THE DIFFERENCEOF A NEGATIVE ALLEGATION AS AN ESSENTIAL ELEMENT OF ACRIME AND A NEGATIVE ALLEGATION AS NOT AN ELEMENT OF ACRIME?

!

A negative allegation as an essential element or ingredient of acrime, it should be included in the information and must beproven to be able to convict the accused

! A negative allegation, if not an essential element of a crime, it

may not be included in the information to be able to convict theaccused! If a person is caught with a firearm without any license, the

information should indicate that he was carrying the firearmwithout any license. This is a mala prohibitum. If the absence oflicense is not included in the information, he could not beconvicted.

! If a person is caught with prohibited drugs. This is a mala in se.It is enough that he was in possession of such drugs. You don’tneed to allege that he isn’t in possession of any prescription. The


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doctor’s prescription as mentioned by the accused is only a matterof defense.

X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OFHIS COMMON-LAW WIFE. THE INFORMATION ONLY ALLEGEDMINORITY. THE COURT CONVICTED THE ACCUSED OF RAPE ANDIMPOSED THE DEATH PENALTY AFTER THE RELATIONSHIP OF THEACCUSED WITH THE VICTIM’S MOTHER WAS PROVEN. WAS THECOURT CORRECT?

!

No, while under Article 335 of the RPC amended by RA 7659, theaccused may be sentenced to death if the victim is a minor andthe offender is the parent, ascendant, stepparent, guardian,relative by consanguinity or affinity within the third civil degree, orthe common-law spouse of the parent of the victim, THE TWINREQUISITES OF MINORITY AND RELATIONSHIP MUST BEALLEGED AND PROVED TO WARRANT THE IMPOSITION OF THEDEATH PENALTY

X WAS CHARGED WITH RAPE COMMITTED THROUGH FORCE AND

INTIMIDATION. CAN HE BE CONVICTED OF RAPE WHERE THEWOMAN IS DEPRIVED OF REASON OR IS OTHERWISEUNCONSCIOUS?

!

No, where the law distinguishes two cases of violation of itsprovision, the complaint or information must specify under whichof the two cases the defendant is being charged

Sec. 9. Cause of the accusation. – The acts or omissions complainedof as constituting the offense and the qualifying and aggravatingcircumstances must be stated in ordinary and concise language andnot necessarily in the language used in the statute but in termssufficient to enable a person of common understanding to knowwhat offense is being charged as well as its qualifying andaggravating circumstance and for the court to pronounce

judgment.IN THE INFORMATION FOR RAPE THE AGES AND RELATIONSHIP OFTHE VICTIMS WERE STATED BUT NOT ALLEGED WITH SPECIFICITYAS QUALIFYING CIRCUMSTANCES. IN IMPOSING THE PENALTY,THE COURT CONSIDERED THEM AS QUALIFYING CIRCUMSTANCES.PROPER?

! The requirement under Section 8 is satisfied as long as thecircumstances are alleged in the information even if those are notspecified as aggravating or qualifying circumstances

IN WHAT CASE CAN AN ACCUSED NOT BE CONVICTED OF A CRIMEDIFFERENT FROM THAT DESIGNATED IN THE COMPLAINT ORINFORMATION EVEN IF THE RECITAL OF FACTS ALLEGE THECOMMISSION OF THE CRIME?The accused cannot be convicted if:

1.

It involves a change of theory in the trial2.

It requires of the defendant a different defense3.

It surprises the accused in anyway

X WAS ACCUSED OF ILLEGAL POSSESSION OF FIREARMS, BUT THEINFORMATION DIDN'T ALLEGE THAT X DIDN'T HAVE ANY LICENSETO POSSESS THE FIREARM. IS THE INFORMATION VALID?

! No, the absence of the license is an essential element of theoffense

! It should be alleged in the complaint or information

THE TRIAL COURT FOUND THAT THE AGGRAVATINGCIRCUMSTANCE OF SUPERIOR STRENGTH AND DISREGARD OF SEXATTENDED THE COMMISSION OF THE CRIME AND WERE

SUFFICIENTLY PROVEN. THE COURT THUS CONSIDERED THEM INCONVICTING AND SENTENCING ACCUSED. VALID?! No, aggravating circumstances even if proven during the trial

could affect the culprit’s liability if the information failed to allegesuch circumstances

X WAS CHARGED WITH ILLEGAL POSSESSION OF OPIUM. XCONTENDS THAT THE INFORMATION WAS INVALID FOR FAILURETO ALLEGE THAT HE DIDN'T HAVE A PRESCRIPTION FROM APHYSICIAN. IS X CORRECT?

!

No, the absence of the prescription is not an essential element ofthe offense and is only a matter of defense

!

It need not be alleged in the information.

Sec. 10. Place of commission of the offense. – The complaint orinformation is sufficient if it can be understood from its allegationsthat the offense was committed or some of its essential ingredientsoccurred at some place within the jurisdiction of the court, unlessthe particular place where it was committed constitutes anessential element of the offense charged or is necessary for itsidentification.

THE INFORMATION MENTIONS THAT THE CRIME WAS COMMITTEDWITHIN THE TERRITORIAL JURISDICTION OF THE COURT. IS THISSUFFICIENT?


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! Yes, as long as it is alleged that the essential ingredients of theoffense or crime has been committed within the territorial jurisdiction of the court

IN WHICH OFFENSES IS THE PARTICULAR PLACE WHERE THE

OFFENSE WAS COMMITTED ESSENTIAL?The particular place where the offense was committed is essential in thefollowing crimes:

1.

Violation of domicile2.

Penalty on the keeper, watchman, visitor of opium den3. Trespass to dwelling4.

Violation of election law—prohibiting the carrying of a deadlyweapon within a 30-m radius of polling place

Sec. 11. Date of commission of the offense. - It is not necessary tostate in the complaint or information the precise date the offensewas committed except when it is a material ingredient of theoffense. The offense may be alleged to have been committed on adate as near as possible to the actual date of its commission.

ACCUSED WAS CHARGED AND CONVICTED OF RAPE COMMITTED ONOR ABOUT THE MONTH OF AUGUST 1996. VALID?

!

Yes. If the appellant was of the belief that the complaint wasdefective, he should have filed a motion for a bill of particularswith the trial court before his arraignment.

FOR WHICH OFFENSES IS THE TIME OF THE COMMISSION OF THEOFFENSE ESSENTIAL?

!

The time of the commission of the offense is essential in thefollowing crimes:

o Infanticideo

Violation of Sunday Statutes or Election lawso Abortiono

Bigamy

Sec. 12. Name of the offended party. – The complaint orinformation must state the name and surname of the personagainst whom or against whose property the offense wascommitted, or any appellation or nickname by which such personhas been or is known. If there is no better way of identifying him,he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended partyis unknown, the property must be described with such particularityas to properly identify the offense charged.

(b) If the true name of the person against whom or against whose

property the offense was committed is thereafter disclosed orascertained, the court must cause such true name to be inserted inthe complaint or information and the record.

(c) If the offended party is a juridical person, it is sufficient to stateits name, or any name or designation by which it is known or bywhich it may be identified, without need of averring that it is a

juridical person or that it is organized in accordance with law.

IN WHAT CASE IS THE NAME OF THE OFFENDED PARTYDISPENSIBLE?

!

In offenses against property, the name of the offended party maybe dispensed with as long as the object taken or destroyed isparticularly described to properly identifying the offense

IN WHAT CASES IS THE NAME OF THE OFFENDED PARTYINDISPENSIBLE?

!

In cases involving slander and robbery with violence orintimidation (People v. Lahoylaloy, 38 Phil 330)

WHEN SHOULD THE ACCUSED RAISE AN ERROR IN HIS NAME?! Upon arraignment! Otherwise, he is deemed to have waived the question of his

identity on appeal

Sec. 13. Duplicity of the offense. – A complaint or information mustcharge only one offense, except when the law prescribes a singlepunishment for various offenses.

WHAT IS THE RULE ON DUPLICITY OF OFFENSES?! General rule: A complaint or information must charge only one

offense!

Exception: when the law provides only one punishment for thevarious offenses (complex and compound crimes under Article 48of the RPC and special complex crimes)

ARTICLE 48: PENALTY FOR COMPLEX CRIMESWhen a single act constitutes two or more grave or less gravefelonies, or when an offense is necessary for committing the other,


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the penalty for the most serious crime shall be imposed, the sameto be applied in its maximum period

WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT

TO A DUPLICITOUS INFORMATION?! If the accused fails to object before arraignment, the right isdeemed waived, and he may be convicted of as many offenses asthere are charged

WHAT IS THE REMEDY OF AN ACCUSED IN CASE OF DUPLICITOUSOFFENSES CHARGED AGAINST HIM?

! The accused may file a motion to quash on void complaint

WHAT IS A COMPLEX CRIME?1.

When a single act produces two or more grave or less grave fe lonies2.

When an offense is necessary for committing the other

WHAT IS A COMPOUND CRIME?! When a single act constitutes 2 or more grave or less grave

felonies

WHAT IS A COMPLEX CRIME PROPER?!

When an offense is necessary for committing the other

X FIRED HIS GUN ONCE, BUT THE BULLET KILLED 2 PERSONS. HEWAS CHARGED WITH TWO COUNTS OF HOMICIDE IN ONEINFORMATION. CAN HE BE CONVICTED UNDER THATINFORMATION?

! Yes. It falls under the exception to the rule.!

This is a compound crime in which one act results in two or moregrave or less grave felonies

! The law provides only one penalty for the two offenses

X WAS CHARGED WITH BOTH ROBBERY AND ESTAFA IN ONEINFORMATION. CAN HE BE CONVICTED OF BOTH OFFENSES?!

It depends. If he objects to the duplicitous information beforearraignment, he cannot be convicted under the information.

! But if he fails to object before arraignment, he can be convicted ofas many offenses as there are in the information

WHAT IS THE PRINCIPLE OF ABSORPTION?1 ! In cases of rebellion, other crimes committed in the course of

crime are deemed absorbed in the crime of rebellion either as ameans necessary for its commission or as an unintended effect ofrebellion

!

They cannot be charged as separate offenses in themselves! Exception: when the common crimes are committed without any

political motivation. In such case, they will not be absorbed byrebellion.

IF HOMICIDE OR MURDER IS COMMITTED WITH THE USE OF ANUNLICENSED FIREARM, HOW MANY OFFENSES ARE THERE?

! There is only one offense—murder or homicide aggravated by theuse of the unlicensed firearm

X WAS SPEEDING ON A HIGHWAY WHEN HIS CAR COLLIDED WITHANOTHER CAR. THE OTHER CAR WAS TOTALLY WRECKED AND THEDRIVER OF THE OTHER CAR SUFFERED SERIOUS PHYSICALINJURIES. HOW MANY INFORMATION SHOULD BE FILED AGAINST

X?! Only one information should be filed for serious physical injuries

and damage to property through reckless imprudence!

The information against X cannot be split into 2 because there wasonly one negligent act resulting in serious physical injuries anddamage to property

SAME CASE AS ABOVE, BUT THE INJURIES SUFFERED BY THEDRIVER WERE ONLY SLIGHT PHYSICAL INJURIES. HOW MANYINFORMATIONS SHOULD BE FILED?

!

Two informations this time—one for the slight physical injuries andthe other for damage to property

!

Light felonies may not be complexed

1 Justice Sabio: he remembers a stupid decision wherein the SC held that

the crime of illegal possession of firearms is absorbed in crimes embodiedby the Revised Penal Code. There was this gang war between children ofpoliticians in Greenhills. They got their high-powered guns and proceededto Greenhills. When the police authorities were near, the spoiled brats shotat the rats. They were only convicted of ALARMS AND SCANDALS. Theheight of absurdity and no less than the former Chief Justice, HilarioDavide, was the one who made this monumental doctrine.


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Sec. 14. Amendment or substitution. – A complaint or informationmay be amended, in form or in substance, without leave of court atany time before the accused enters his plea. After the plea andduring the trial, a formal amendment may only be made with leaveof court and and when it can be done without causing prejudice to

the rights of the accused.

However, any amendment before plea, which downgrades thenature of the offense charged in or excludes any accused from thecomplaint or information, can be made only upon motion by theprosecutor, with notice to the offended party and with leave ofcourt. The court shall state its reasons in resolving the motion andcopies of its order shall be furnished all parties, especially theoffended party.

If it appears at anytime before judgment that a mistake has beenmade in charging the proper offense, the court shall dismiss theoriginal complaint or information upon the filing of a new onecharging the proper offense in accordance with section 19, Rule

119, provided the accused shall not be placed in double jeopardy.The court may require the witnesses to give bail for theirappearance at the trial.

WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED?! General rule: Before plea, a complaint or information can be

amended in form or in substance without leave of court! Exception: if the amendment will downgrade the offense or drop

an accused from the complaint or information. In such case, thefollowing requisites shall be observed:1.

The amendment must be made upon motion of the prosecutor2. With notice to the offended party3.

With leave of court4.

The court must state its reason in resolving the motion

5.

Copies of the resolution should be furnished all parties,especially the offended party! After plea, only FORMAL AMENDMENTS may be made but with the

leave of court and when it can be done without causing prejudiceto the rights of the accused

WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED?A complaint or information may be substituted if:

1.

At any time before judgment it appears that a mistake has beenmade in charging the proper offense, and

2.

The accused cannot be convicted of the offense charged or of anyother offense necessarily included therein

3.

Provided that he will not be placed in double jeopardy

WHEN ARE THE RIGHTS OF THE ACCUSED MAY BE PREJUDICED BY

AN AMENDMENT?The rights of the accused may be prejudiced by an amendment in thefollowing circumstances:

1.

When the defense which he had under the original informationwould no longer be available

2. When any evidence which he had under the original informationwould no longer be available

3.

When any evidence which he had under the original informationwould no longer be applicable to the amended information

WHAT ARE SUBSTANTIAL AMENDMENTS?!

Amendments involving the recital of facts constituting the offenseand determinative of the jurisdiction of the court

! All other matters are merely of form

!

After plea, substantial amendments are prohibited

WHEN CAN THERE BE AN AMENDMENT?!

BEFORE PLEA, a complaint or information can be amended in formor in substance without leave of court, except if the amendmentwill downgrade the offense or drop an accused from the complaintor information. In such a case, the following requisites must beobserved:1. Must be made upon motion of the prosecutor2. With notice to the offended party3. With leave of court4. The court must state its reason in resolving the motion5. Copies of the resolution should be furnished all parties,especially the offended party

! AFTER PLEA, only formal amendments may be made only withleave of court and when it can be done withoutcausing prejudice to the rights of the accused.

WHAT IS A SUBSTITUTION?! A complaint or information may be substituted if at any time

before judgment, it appears that a mistake has been made incharging the proper offense, and the accused cannot be convictedof the offense charged or of any other offense necessarily includedtherein, provided that he will not be placed in double jeopardy.


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WHAT ARE THE DISTINCTIONS BETWEEN AN AMENDMENT AND ASUBSTITUTION?1. Amendment may involve either formal or substantial changes, whilesubstitution necessarily involves a substantial change.

2. Amendment before plea can be effected without leave of court, butsubstitution is always done with leave of court since it involves thedismissal of the original complaint.3. Where the amendment is only as to form, there is no need for a newpreliminary investigation or plea; in substitution, another preliminaryinvestigation and plea is required.4. An amended information refers to the same offense charged or to one,which necessarily includes or is necessarily included in the original charge,hence substantial amendments after plea cannot be made over theobjection of the accused. Substitution requires that the new information isfor a different offense which does not include or is not necessarily includedin the original charge.

AMENDMENT SUBSTITUTION

May invoke either formal orsubstantial changes

Necessarily involves a substantialchange

Before plea, can be effected withoutleave of court

Always done with leave of court

Amended information refers to thesame offense charged or to one,which necessarily includes or isnecessarily included in the originalcharge

Requires that new information is fora different offense which doesn’tinclude or isn’t necessarily includedin the original charge

WHAT IS THE TEST TO DETERMINE IF WHAT IS NEEDED ISAMENDMENT OR SUBSTITUTION?

!

Whether the new offense necessarily includes or is necessarilyincluded in the original charge, or is an attempt to commit thesame or frustration thereof

IS THERE A NEED FOR SUBSTITUTION OR AMENDMENT WHEN THEORIGINAL CRIME CHARGED IS ROBBERY BUT IT WAS LATERFOUND OUT THAT THE CRIME SHOULD BE THEFT?

!

No since theft and robbery are similar in their elements, it is onlythe existence of certain aggravating or qualifying circumstances inrobbery that makes the difference

WHEN CAN THERE BE DOUBLE JEOPARDY?!

To substantiate a claim of double jeopardy, the following must beproven:a. The first jeopardy must have attached prior to the second

b. The first jeopardy must have been validly terminatedc. The second jeopardy must be for the same offense, or thesecond offense includes or is necessarily included in the offensecharged in the first information, or is an attempt to commit thesame or is a frustration thereof

WHEN DOES DOUBLE JEOPARDY ATTACH?! In order that protection against double jeopardy may inure in favor

of the accused, the following should be present:a. A valid complaint or informationb. A competent courtc. The defendant pleaded to the charged. The defendant was acquitted or convicted, or the case againsthim was dismissed or otherwise terminated without his express

consent

IS AN ADDITIONAL ALLEGATION OF HABITUAL DELINQUENCY ANDRECIDIVISM A SUBSTANTIAL AMENDMENT?

!

No, these allegations only relate to the range of the imposablepenalty but not the nature of the offense

IS THE AMENDMENT OF AN INFORMATION FROM FRUSTRATEDMURDER TO CONSUMMATED MURDER A SUBSTANTIALAMENDMENT?

!

No, it is merely a formal amendment and the accused need nothave to be re-arraigned

IS AN ADDITIONAL ALLEGATION OF CONSPIRACY A SUBSTANTIAL

AMENDMENT?! No, it is not a substantial amendment (new Sabio answer)! Yes because it changes the theory of the defense. It makes the

accused liable not only for his own acts but also for those of hisco-conspirators. (Old J. Sabio answer)

! The new answer is: No, it is not a substantial amendment in thefollowing example: X is charged with murder as principal. Later,the complaint is amended to include two other persons whoallegedly conspired with X. Can X invoke double jeopardy on theground that the amendment is substantial? No. The amendment


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is merely a formal amendment because it does not prejudice therights of X, who was charged as a principal to begin with.

X IS CHARGED WITH MURDER AS A PRINCIPAL. LATER, THECOMPLAINT IS AMENDED TO INCLUDE TWO OTHER PERSONS WHO

ALLEGEDLY CONSPIRED WITH X. VALID?! X cannot invoke double jeopardy on the ground that the

amendment is substantial!

The amendment is merely a formal amendment because it doesn’tprejudice the rights of X, who was charged as a principal to beginwith

IS A CHANGE IN THE ITEMS STOLEN BY THE ACCUSED ASUBSTANTIAL AMENDMENT OR A FORMAL AMENDMENT?

! It is substantial as it affects the essence of the imputed crime andwould deprive the accused of the opportunity to meet all theallegations in preparation of his defense

IS THE CHANGE IN THE NATURE OF THE OFFENSE DUE TO

SUPERVENING EVENT A SUBSTANTIAL AMENDMENT?! No, it is merely a formal amendment! We have to distinguish if the event is supervening or not, to be

able to establish if it’s a formal amendment or not

RULE ON SUPERVENING FACTS: Where after the first prosecution anew fact supervenes for which the defendant is responsible, which changesthe character of the offense and, together with the facts existing at thetime, constitutes a new and distinct offense, the accused cannot be said tobe in second jeopardy if indicted for the second offense.

WHY DO WE MAKE A DISTINCTION BETWEEN A SUBSTANTIAL ANDFORMAL AMENDMENTS?

! Whether or not it is for the same offense, or the second offense

includes or is necessarily included in the offense charged in thefirst information, or is an attempt to commit the same or is afrustration thereof

CAN THE COURT ORDER THE DISMISSAL OF THE ORIIGNALCOMPLAINT BEFORE A NEW ONE IS FILED IN SUBSTITUTION?

! No, the court will not order the dismissal until the new informationis filed

IS THERE AN ABSOLUTE RIGHT TO SUBSTITUTION INFORMATIONBY FILING A NEW ONE?

!

No, the right is subject to the following limitations:1.

That no judgment has been rendered yet2. That the accused cannot be convicted of the offense charged

or of any other offense necessarily included therein3.

That the accused will not be placed in double jeopardy

Sec. 15. Place where action is to be instituted. –(a) Subject to existing laws, the criminal action shall be institutedand tried in the court of the municipality or territory where theoffense was committed or where any of its essential ingredientsoccurred.

(b) Where an offense is committed in a train, aircraft, or otherpublic or private vehicle in the course of its trip, the criminal actionshall be instituted and tried in the court of any municipality orterritory where such train, aircraft, or other vehicle passed duringits trip, including the place of its departure and arrival.

(c) Where an offense is committed on board a vessel in the courseof its voyage, the criminal action shall be instituted and tried in thecourt of the first port of entry or of any municipality or territorywhere the vessel passed during such voyage, subject to thegenerally accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable underArticle 2 of the Revised Penal Code shall be cognizable by the courtwhere the criminal action is first filed.

THE INFORMATION FOR MURDER DID NOT CONTAIN THE PLACEWHERE IT WAS COMMITTED. IS THE INFORMATION VALID?

! Yes, it is still valid.!

The information may include wordings that mention that the crimewas committed within the territorial jurisdiction of the court.! The place of the commission of the crime may just be later

established by evidence

WHERE SHOULD A CRIMINAL ACTION BE INSTITUTED?1. In the court of the municipality or territory where the offense was

committed or where any of its essential ingredients occurred—exception to this rule are those which fall under the jurisdiction ofthe Sandiganbayan


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2.

If the offense was committed in a train, aircraft, or any otherpublic or private vehicle: in the court of the municipality orterritory where the vehicle passed during the trip, including theplace of departure or arrival

3. If committed on board a vessel in the course of the voyage: in the

first port of entry or of any municipality or territory where thevessel passed during the voyage, subject to the generallyaccepted principles of international law

4.

If the crime was committed outside the Philippines but ispunishable under Article 2 of the RPC: any court where the actionis first filed

WHAT IS A TRANSITORY OFFENSE? AND A CONTINUING OFFENSE?! TRANSITORY OFFENSE: crimes where some acts material and

essential to the crimes and requisite to their commission occur inone municipality or territory and some acts are done in anotherplace.

!

CONTINUING OFFENSE: consummated in one place, yet bynature of the offense, the violation of the law is deemed

continuing

HOW DO YOU DETERMINE JURISDICTION OVER A CONTINUINGCRIME?

!

The courts of the territories where the essential ingredients of thecrime took place have CONCURRENT JURISDICTION

! But the court which first acquires jurisdiction excludes the othercourts

WHAT ARE THE RULES ON VENUE IN LIBEL CASES?1.

General rule: criminal action for libel may be filed with the RTC ofthe province or city where the libelous article is printed and firstpublished

2.

If the offended party is a private individual, the criminal action

may also be filed in the RTC of the province where he actuallyresided at the time of the commission of the offense3.

If the offended party is a public officer whose office is in Manila atthe time of the commission of the offense, the criminal action maybe filed in the RTC of Manila

4.

If the offended party is a public officer whose office is outsideManila, the action may be filed in the RTC of the province or citywhere he held office at the time of the commission of the offense

Article 353. Definition of libel. — A libel is public and maliciousimputation of a crime, or of a vice or defect, real or imaginary, or

any act, omission, condition, status, or circumstance tending tocause the dishonor, discredit, or contempt of a natural or juridicalperson, or to blacken the memory of one who is dead.

Sec. 16. Intervention of the offended party in criminal action. –Where the civil action for recovery of civil liability is instituted inthe criminal action pursuant to Rule 111, the offended party mayintervene by counsel in the prosecution of the offense.

CAN THE OFFENDED PARTY INTERVENE IN THE PROSECUTION OFTHE CRIMINAL ACTION?

! General rule: YES! Exception to the rule: when he has waived his right, has reserved

it, or has already instituted the criminal action! Basis is Article 100: every person criminally liable shall also be

civilly liable

DO THE OFFENDED PARTIES HAVE THE RIGHT TO MOVE FOR THEDISMISSAL OF THE CASE?

!

No, the right belongs only to the government prosecutor who isthe representative of the plaintiff

CAN THE OFFENDED PARTY FILE A CIVIL ACTION FOR CERTIORARIIN HIS OWN NAME IF THE RTC DISMISSES AN INFORMATION?

!

Yes. In case of grave abuse of discretion amount to lack orexcess of jurisdiction, the petition may be filed by the offendedparty

! The offended party has an interest in the civil aspect of the case

RULE 111 - PROSECUTION OF CIVIL ACTION

Section 1. Institution of criminal and civil actions. –

(a) When a criminal action is instituted, the civil action for therecovery of civil liability arising from the offense charged shall bedeemed instituted with the criminal action unless the offendedparty waives the civil action, reserves the right to institute itseparately or institutes the civil action prior to the criminal action.

The reservation of the right to institute separately the civil actionshall be made before the prosecution starts presenting its evidenceand under circumstances affording the offended party a reasonableopportunity to make such reservation.


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When the offended party seeks to enforce civil liability against theaccused by way of moral, nominal, temperate, or exemplarydamages without specifying the amount thereof in the complaint orinformation, the filing fees therefore shall constitute a first lien onthe judgment awarding such damages.

Where the amount of damages, other than actual, is specified inthe complaint or information, the corresponding filing fees shall bepaid by the offended party upon the filing thereof in court.

Except as otherwise provided in these Rules, no filing fees shall berequired for actual damages.

No counterclaim, cross-claim or third-party complaint may be filedby the accused in the criminal case, but any cause of action whichcould have been the subject thereof may be litigated in a separatecivil action.

(b) The criminal action for violation of Batas Pambansa Blg. 22

shall be deemed to include the corresponding civil action. Noreservation to file such civil action separately shall be allowed.

Upon filing of the aforesaid joint criminal and civil actions, theoffended party shall pay in full the filing fees based on the amountof the check involved, which shall be considered as the actualdamages claimed. Where the complaint or information also seeksto recover liquidated, moral, nominal, temperate or exemplarydamages, the offended party shall pay additional filing fees basedon the amounts alleged therein. If the amounts are not so allegedbut any of these damages are subsequently awarded by the court,the filing fees based on the amount awarded shall constitute a firstlien on the judgment.

Where the civil action has been filed separately and trial thereofhas not yet commenced, it may be consolidated with the criminalaction upon application with the court trying the latter case. If theapplication is granted, the trial of both actions shall proceed inaccordance with section 2 of this Rule governing consolidation ofthe civil and criminal actions.

WHAT IS THE GENERAL RULE GOVERNING THE INSTITUTION OFCRIMINAL AND CIVIL ACTIONS IN RELATION TO THIS SECTION?

!

The general rule is that when a criminal action is instituted, thecivil action for the recovery of the civil liability arising from the

offense charged under Article 100 of the RPC shall be deemedinstituted with the criminal action

!

Hence, the subsidiary civil liability of the employee under Article103 of the RPC may be enforced by execution on the basis of the judgment of conviction meted out the employee

o

NOTE: Under the present amendment, the employer mayno longer be civilly liable for quasi-delict in the criminalaction. The reason for this is that quasi-delict is notdeemed instituted with the criminal action. The only civilliability of the employer in the criminal action would behis subsidiary liability under the Article 102 and 103 ofthe RPC (Philippine Rabbit Bus case)//

WHAT IS THE JURIDICAL BASIS OF THE PRINCIPLE OF IMPLIEDINSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION?

! The bases are found in the following:1.

Article 100 of the RPC: Every person criminally liable fora felony is also civilly liable

2.

Article 2176 of the New Civil Code: Whoever by act or

omission causes damage to another there being fault ornegligence is obliged to pay for the damage done. Suchfault or negligence, if there is no pre-existing obligation iscalled quasi-delict and is governed by the provisions ofthis Code

3. Article 1157 of the New Civil Code: Obligations may arisefrom acts or omissions punished by law and from quasi-delict

WHAT ARE THE EXCEPTIONS?!

The civil action is not deemed instituted in the following cases:1. When the offended party has waived the civil action2.

When the offended party has reserved the right toinstitute it separately

3.

When the offended party has instituted the civil actionprior to the institution of the criminal action

WHAT KIND OF CIVIL ACTION IS DEEMED INSTITUTED WITH THECRIMINAL ACTION?

! Only the civil action for the recovery of the civil liability arisingfrom the offense under Article 100 of the RPC, and not theindependent under Article 32, 33, 34 and 2176 of the Civil Code,are deemed instituted with the criminal action

WHAT IS THE DUAL CONCEPT OF CIVIL LIABILITY?


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! Dual concept of civil liability means that civil liability may arisefrom crimes or from quasi-delicts

!

Thus, a negligent act which causes damage may produce twokinds of civil liability—one arising from crime and another arisingfrom quasi-delict

!

The only limitation is that the offended party may not recovertwice from the same act

WHAT ARE THE DIFFERENCES BETWEEN A CRIME AND A QUASI-DELICT?

CRIME QUASI-DELICT Affect public interest Only of private concern

RPC punishes or corrects thecriminal act

Merely repairs the damage bymeans of indemnification

Crimes are punished only if there isa law providing for their punishment

Includes all acts where fault ornegligence intervenes hence under

the CC, these may be punishablewhen fault or negligence ispresent—broader in scope

WHAT CONSTITUTES CIVIL LIABILITY?! According to Article 104 of the RPC, civil liability includes

restitution, reparation, and indemnification for consequentialdamages

WHAT IS THE BASIS FOR THE BROADER CONCEPT OF CIVILLIABILITY?

! The broader concept of civil liability means that every personcriminally liable is also civilly liable

! This is because in a criminal offense, there are two offended

parties—the state and the private offended party

IF THE COMPLAINT DOESN’T CONTAIN AN ALLEGATION FORDAMAGES, IS THE OFFENDER STILL LIABLE FOR THEM?

! Yes, because every person criminally liable is also civilly liable! Exception: when the offended party has waived or has reserved

the right to institute the civil action separately

WHAT IS THE RULE ON PAYMENT OF DOCKET FEES ON CIVILLIABILITY?

! If the offended party seeks to enforce civil liability against accusedby way of moral, nominal, temperate, or exemplary damages(other than actual), the following are the bases for docket fees:

o

If amount other than actual damages is stated, it will bebased on the stated amount

o

If no amount is stated, no docket fees will be paid yet butthe docket fees to be paid will constitute a lien on thedamages that will be awarded

WHEN SHOULD THE RESERVATION BE MADE?! The reservation should be made before the prosecution presents

its evidence and under circumstances affording the offended partya reasonable opportunity to make such reservation

WHAT IS THE REASON FOR THE RULE REQUIRING RESERVATION?! The reason is to prevent double recovery from the same act or

omission

WHAT IS THE SIGNIFICANCE OF THE APPEARANCE OF THE

OFFENDED PARTY, IN THE CRIMINAL CASE THROUGH PRIVATEPROSECUTOR?! The appearance of the offended party may not per se be

considered either as an implied election to have his claim fordamages determined in said proceedings or a waiver of the rightto have determined separately

IN A BP22 CASE, CAN THE OFFENDED PARTY MAKE A RESERVATIONOF THE CIVIL ACTION?

!

No, the criminal action shall be deemed to include the civil action,and the offended party is not allowed to make the reservation

! The actual damages and the filing fees shall be equivalent to thevalue of the check.

Sec. 2. When separate civil action is suspended. – After the criminalaction has been commenced, the separate civil action arisingtherefrom cannot be instituted until final judgment has beenentered in the criminal action.

If the criminal action is filed after the said civil action has alreadybeen instituted, the latter shall be suspended in whatever state itmay be found before judgment on the merits. The suspension shalllast until final judgment is rendered in the criminal action.Nevertheless, before judgment on the merits rendered in the civilaction, the same may, upon motion of the offended party, be


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consolidated with the criminal action in the court trying thecriminal action. In case of consolidation, the evidence alreadyadduced in the civil action shall be deemed automaticallyreproduced in the criminal action without prejudice to the right ofthe prosecution to cross-examine the witness presented by the

offended party in the criminal case and of the parties to presentadditional evidence. The consolidated criminal and civil actionsshall be tried and decided jointly.

During the pendency of the criminal action, the running period ofprescription of the civil action which cannot be institutedseparately or whose proceeding has been suspended shall betolled.

The extinction of the penal action does not carry with it extinctionof the civil action. However, the civil action based on delict shall bedeemed extinguished if there is a finding in a final judgment in thecriminal action that the act or omission from which the civil liabilitymay arise did not exist.

WHEN IS THE SEPARATE CIVIL ACTION SUSPENDED?! After the criminal action has been commenced, the separate civil

action arising therefrom cannot be instituted until final judgmenthas been entered in the criminal action.

! If the criminal action is filed after the said civil action has alreadybeen instituted, the latter shall be suspended in whatever state itmay be found before judgment on the merits. The suspensionshall last until final judgment is rendered in the criminal action.

!

Nonetheless, the civil action may be consolidate with the criminalaction at any time before judgment on the merits upon motion ofthe offended party with the court trying the criminal action

!

The evidence presented at the civil action shall be deemedreproduced in the criminal action without prejudice to the right ofthe prosecution to cross-examine the witness presented by theoffended party in the criminal case and of the parties to presentadditional evidence. The consolidated criminal actions shall betried and decided jointly

!

ONLY EXCEPTION: a prejudicial question arising in a previouslyfiled civil action should be resolved first

ARE THE INDEPENDENT CIVIL ACTIONS ALSO DEEMED SUSPENDEDWITH THE FILING OF THE CRIMINAL ACTION?

!

No, only the civil action arising from the crime under Article 100 ofthe RPC is suspended

! The independent civil actions are not suspended and may continueeven if the criminal action has been instituted

!

However, the offended party may not recover twice from the sameact

! He should only get the bigger award

WHAT IS THE EFFECT OF ACQUITTAL ON THE CIVIL ACTION?! The general rule is that the civil action is not necessarily

extinguished by the acquittal of the accused. Even if the accusedis acquitted, the court can still award civil liability in the followingcases:

1.

When the acquittal is based on reasonable doubt andthere was no negligence

2.

When there is a declaration in the decision that theliability of the accused is only civil

3.

When the civil liability is not derived from or based on thecriminal act of which the accused is acquitted(independent civil actions)

! However, if the decision contains a finding that the act from which

the civil liability may arise doesn’t exist, the civil liability isextinguished

WHAT ARE THE TWO TYPES OF ACQUITTAL?1.

Acquittal based on reasonable doubt2. Acquittal based on the merits—he didn't commit the crime

CAN YOU COMPEL A JUDGE BY MANDAMUS TO AWARD CIVILDAMAGES?

!

Yes, because every person criminally liable is also civilly liable!

Another reason is that even if the accused is acquitted, there arecases when he is still civilly liable

WHAT IS THE REASON FOR ALLOWING CIVIL LIABILITY TOSUBSIST IN SPITE OF THE ACQUITTAL OF THE ACCUSED?

!

The reason is that the parties in the criminal and civil actions aredifferent—in the criminal action, the party is the state, while in thecivil action, the party is the private offended party

!

Also, the two actions require different quantities of evidence—thecriminal action requires proof of guilt beyond reasonable doubt,the civil action on the other hand, requires mere preponderance ofevidence

Sec. 3. When civil action may proceed independently. – In thecases provided in Articles 32, 33, 34 and 2176 of the Civil Code of


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the Philippines, the independent civil action may be brought by theoffended party. It shall proceed independently of the criminalaction and shall require only a preponderance of evidence. In nocase, however, may the offended party recover damages twice forthe same act or omission charged in the criminal action.

WHAT ARE THE INDEPENDENT CIVIL ACTIONS?! The independent civil actions are those provided in Articles 32, 33,

34 and 2176 of the Civil Code !

They may proceed independently of the criminal action and shallrequire only a preponderance of evidence

!

This is the principle of independent civil actions—it can proceedindependently from the criminal action. Nonetheless, the offendedparty may not have double recovery. The offended party onlygets the bigger award.

! Justice Sabio: Philippine Rabbit case clarified the rule regardingindependent civil actions

Sec. 4. Effect of death on civil actions. – The death of the accused

after arraignment and during the pendency of the

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