III.

2000 Rules on Criminal Procedure 2002

A. Prosecution of Offenses People v. Court of Appeals, G.R. No. 183652, February 25,
1. Criminal actions, how instituted (Sec.1) 2015
 PI is required  complaint with the proper officer People v. Sandiganbayan (Perez), G.R. No. 188165 &
for PI 189063, December 11, 2013
 All other offenses  complaint directly with the 5. Sufficiency of Complaint or Information
MTC or MCTC or the office of the prosecutor Lazarte v. Sandiganbayan, G.R. No. 180122, March 13,
*those that require PI are offenses punishable by 2009, 581 SCRA 431
imprisonment of at least 4y2m1d Quimvel v. People, G.R. No. 214497, April18, 2017
*Sec. 2 Complaint – sworn written statement charging People v. Bayabos, G.R. No. 171222, February 18, 2015
a person with an offense, subscribed by the offended People v. Sandiganbayan (Castillo), G.R. No. 160619,
party, any peace officer, or other public officer charged September 9, 2015
with the enforcement of the law violated 6. Designation of Offense
Information must allege the qualifying and aggravating
People v Bautista, G.R. No. 168641, April 27, 2007, 522 circumstances: People vs. Avendaño, G.R. No. 137407,
SCRA 742 January 28, 2003
SEC v. Interport Resources Corp., G.R. No. 135808, People v. Valdez, G.R. No. 175602, January 18, 2012, 663
October 6, 2008, 567 SCRA 354 SCRA 272
Miguel v. Sandiganbayan, G.R. No. 172035, July 4, 2012
2. Who may file them; crimes that cannot be People v. Soria, G.R. No. 179031, November 14, 2012
prosecuted de officio 7. Cause of the Accusation
Who may file: Precision in language: People v. Cilot, G.R. No. 208410,
 The offended party October 19, 2016; Mustang Lumber Inc. v. Court of
 Any peace officer Appeals, G.R. No. 104988, June 18, 1996; Canceran v.
 other public officer charged with the enforcement People, G.R. No. 206442, July 1, 2015
of the law violated (provincial fiscal is not included) 8. Duplicity of the Offense; Exception
 Unless the offense subject if one that cannot be People v. Jugueta, G.R. No. 202124, April 5, 2016
prosecuted de oficio, any competent person may Ivler v. Judge San Pedro, G.R. No. 172716, November 17,
file a complaint for preliminary investigation 2010, 635 SCRA 191
 Private persons may denounce a violation of 9. Amendment or Substitution of complaint
banking laws (complaint with the fiscal prior to a or information
judicial action) Galvez v. Court of Appeals, G.R. No. 114046, October
24, 1994
 Criminal action va
Teehankee v. Madayag, G.R. No. 103102, March
Salazar v. People, G.R. No. 149472, October 15, 2002
6, 1992
Ebarle v. Judge Sucaldito, G.R. No. L-33628, December
Matalam v. The Second Division of the Sandiganbayan,
29, 1987; Soriano v. Judge Casanova, G.R. No. 163400,
G.R. No. 165751, April 12, 2005, 455 SCRA 736
March 31, 2006; Tabayan v. People, G.R. No. 150194,
Soberano v. People, G.R. No. 154629, October 5, 2005,
March 6, 2007; Francisco v. People, G.R. No. 177720,
472 SCRA 125
February 18, 2009
Braza v. Sandiganbayan, G.R. No. 195032, February 20,
3. Criminal actions, when enjoined
2013
D.M. Consunji Inc. v. Esguerra, G.R. No. 118590, July 30,
10. Venue of criminal actions
1996
Union Bank of the Philippines v. People, G.R. No. 192565,
4. Control of prosecution
February 28, 2012, 667 SCRA 113
Pinote v. Ayco, A.M. No. RTJ-05-1944, December 13,
a. Change of venue in criminal cases
2005, 477 SCRA 409
Art. VIII, Sec. 5 (4), 1987 Constitution
Bangayan Jr. v. Bangayan, G.R. No. 172777, October 19,
People v. Grey, G.R. No. 180109, July 26, 2010
2011, 659 SCRA 2011
b. Venue in VAWC cases
Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012
11. Intervention of offended party
Jimenez v. Judge Sorongon, G.R. No. 178607, December
Alonte v. Savellano Jr., G.R. No. 131652, March 9, 1998,
5, 2012
287 SCRA
Merciales v. Court of Appeals, G.R. No. 124171, March 18,
 Tan, Jr. v. Gallardo, G.R. Nos. L-41213-14, October 5, Remedy of private offended party on civil aspect of the
1976, 73 SCRA 306 criminal case: Garces v. Hernandez Jr., G.R. No. 180761,
Chua v. Court of Appeals, G.R. No. 150793, November 19, August 9, 2010, 627 SCRA 366
2004, 443 SCRA 259 Damages in case of death: People v. Jugueta; See People
Lee Pue Liong v. Chua Pue Chin Lee, G.R. No. 181658, v. Halil Gambao, G.R. No. 172707, October 1, 2013
August 7, 2013 Actual or compensatory damages: People v. Wahiman,
Ramiscal v. Sandiganbayan, G.R. No. 140576-99, G.R. No. 200942, June 16, 2015
December 13, 2004 Temperate damages in lieu of actual damages: People v.
Neptune Metal Scrap Recycling Inc. v. Meralco and Abrazaldo, G.R. No. 124392, February 7, 2003
People, G.R. No. 204222, July 4, 2016 – intervention of a Several accused with varying participation: People v.
third party in a criminal case Gambao
12. Role of the Public Prosecutor in the prosecution of Calang v. People, G.R. No. 190696, August 3, 2010, 626
offenses SCRA 679
Guidelines on the Role of Prosecutors adopted by the Solidum v. People, G.R No. 192123, March 10, 2014, 718
Eighth UN Congress on the Prevention of Crime and SCRA 263
Treatment of Offenders in Havana, Cuba (1990) 2. When civil action may proceed
RA 10071 (Prosecution Service Act of 2010) independently
13. Role of the Office of the Solicitor General in the Maniago v. Court of Appeals, G.R. No. 104392, February
prosecution of offenses 20, 1996, 253 SCRA 674; Casapunan v. Laroya, G.R. No.
Ong v. Genio, G.R. No. 182336, December 23, 2009 145391, August 26, 2002, 388 SCRA 28
With the conformity of the public prosecutor: People v. Distinction between civil action ex delicto and an
Montesa, Jr., G.R. No. 114302, September 29, 1995 independent civil action: Lim v. Kou Co Ping, G.R. No.
People v. Piccio, G.R. No. 193681, August 6, 2014 175256, August 23, 2012
Can the OSG maintain a contrary position and recommend 3. When separate civil action is suspended
the acquittal of the accused? People v. Dogaojo, G.R. Nos. 4. Effect of the death of accused or convict
137834-40, December 3, 2001 on civil action
Comelec v. Court of Appeals, G.R. No. 108120, January De Guzman vs. People, G.R. No. 154579, October 8, 2003
26, 1994 People v. Bayotas, G.R. No. 102007, September 2, 1994,
Rule on notice of appeal or petitions before the CA or SC: 236 SCRA 239; People v. Lipata, G.R. No. 200302, April
Cajipe v. People, G.R. No. 203605, April 23, 2014 20, 2016
14. Office of the Ombudsman People v. Paras, G.R. No. 192912, October 22, 2014
Article XI, 1987 Constitution Respicio v. People, G.R. Nos. 178701 and 178754, June
RA 6770 6, 2011, 650 SCRA 573; March 11, 2015 Resolution
15. Office of the Special Prosecutor Liability of an employer in a criminal case: Calang v.
RA 6770, Sec. 11 People, G.R. No. 190696, August 3, 2010; Philippine
Gonzales III v. Office of the President, G.R. No. 196231, Rabbit Bus v. People, April 14, 2004, 427 SCRA 456
September 4, 2011 5. Prejudicial Question
16. Public Attorney’s Office Te v. Court of Appeals, G.R. No. 126746, November 29,
EO 292 as amended by RA 9406 2000
17. Counsel de oficio Ty-de Zuzuarregui v. Villarosa, G.R. No. 183788, April 5,
Rule 116, Sections 7 and 8 2010, 617 SCRA 377
Rule 122, Sec. 13 Gidwani v. People, G.R. No. 195064, January 15, 2014
B. Prosecution of Civil Action Intracorporate dispute as a prejudicial question: Omictin v.
1. Rule on implied institution of civil action Court of Appeals, G.R. No. 148004, January 22, 2007, 512
with criminal SCRA 70; Fabia v. Court of Appeals, G.R. No. 132684,
action August 20, 2001; Resolution in September 11, 2002, 437
BP 22: Rimando v. Aldaba, G.R. No. 20353, October 13, SCRA 389
2014; Rodriguez v. Judge Ponferrada, G.R. No. 155531- JM Dominguez Agronomic Co. Inc. v. Liclican, G.R. No.
34, July 29, 2005 208587, July 29, 2015, 764 SCRA 338
Alternative award: Abellana v. People, G.R. No. 174654, Magestrado v. People, G.R. No. 148072, July 10, 2007,
August 17, 2011, 655 SCRA 683 527 SCRA 125
6. Rule on Filing Fees in civil action deemed instituted with
the criminal action
Importance of value of stolen goods in: Viray v.
People, G.R. No. 205180, November 11, 2013