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MODULE 3

WEEK 3

1. Role of the Public Prosecutor in the Prosecution of Offenses

(R.A. No. 10071 (Prosecution Service Act of 2010)

2. Role of the Office of the Solicitor General in the Prosecution of

Offenses
Cases:
(1) People vs. Piccio, G.R. No. 193681, August
6, 2014
(2) Cajipe vs. People, G.R. No. 203605, April
23, 2014

3. Office of the Ombudsman

Article XI, 1987 Constitution
R.A. No. 6770, Sec. 11

Cases:
(3) Lynna G. Chung vs. Office of the
Ombudsman, et al., G.R. No. 239871,
March 18, 2021

(4) Porfirio C. Yasay, Jr. vs. Dela Peña, G.R.

No. 255045, March 24, 2021

4. Public Attorney’s Office

E.O. No. 292, as amended by R.A. No. 9406

5. Counsel de oficio
Rule 116, Sections 7 and 8
Rule 122, Section 13
Case:
(5) People vs. Roscoe Daban, G.R. No. L-
31429, January 31, 1972

6. Office of the Special Prosecutor

7. Prescription of Crimes

Importance
Rule on Prescription of Crimes
Computation of Prescription of Offenses
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Case:
(6) Jadewell Parking Systems Corporation
vs. Hon. Judge Nelson Lidua, Sr., MTC
Baguio City, G.R. No. 169588, October 7,
2013

A. Prosecution of Civil Action (Rule 111)

1. Implied Institution of the Civil Action with the Criminal Action

Cases:
(7) Rimando vs. Aldaba, G.R. No. 20353,
October 13, 2014
(8) Abellana vs. People, G.R. No. 174654,
August 17, 2011

Exceptions: When Civil Action May Proceed Independently

Case:
(9) Lim vs. Kou Co Ping, G.G. No. 175256,
August 23, 2012

2. Counterclaim, Cross-Claim, Third-Party Complaint

3. Filing Fees

Case:
(10) Viray vs. People, G.R. No. 205180,
November 11, 2013

4. Effect of Death of the Accused

Cases:
(11) Respicio vs. People, G.R. Nos. 178701 and
178754, June 6, 2011, March 11, 2015
Resolution
(12) People vs. Paras, G.R. No. 192912, October
22, 2014
(13) Philippine Rabbit Bus vs. People, April 14,
2004

5. Prejudicial Question

Case:
(14) Te vs. Court of Appeals, G.R. No. 126746,
November 29, 2000
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(15) Ty-de Zuzuarregui vs. Villarosa, G.R. No.

183788, April 5, 2010
(16) Gidwani vs. People, G.R. No. 195064,
January 15, 2014

6. Effect of Acquittal or Extinction of Penal Action on the Civil

Action

Prosecution of Private Crimes

The crimes of adultery and concubinage shall not be prosecuted except

upon a complaint filed by the offended spouse. (Sec. 5, Rule 110)

The offense of adultery and concubinage may not be instituted if it is

shown that the offended party has consented to the offense or has pardoned the
offenders. (Sec. 5, Rule 110)

Prosecution of seduction, abduction and acts of lasciviousness

Upon a complaint filed by the offended party, or her parents,

grandparents or her guardian, nor in any case, if the offender has
been expressly pardoned by any one of them. (Sec. 5, Rule 110) Express pardon
is required.

Prosecution of Rape
Pursuant to an amendment under R.A. No. 8353 (October 22, 1997) the
crime of rape was reclassified as a crime against persons. Thus, prosecution for
such crime may now be commenced in court even by the filing of an Information
by the public prosecutor.

8. Role of the Public Prosecutor in the Prosecution of

Offenses

R.A. No. 10071 Prosecution Service Act of 2010

-primarily responsible for the preliminary investigation and prosecution of all

cases involving violations of penal laws under the supervision of the Secretary of
Justice

Role of the Office of the Solicitor General in the Prosecution of

Offenses
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The authority to represent the State in the appeal in criminal cases before
the Court of Appeals or the Supreme Court is vested in the Office of the Solicitor
General which is the law office of the government.

It is only the OSG that may bring an appeal on the criminal aspect
representing the People.

The private complainant or the offended party may, however, file an

appeal without the intervention of the OSG but only insofar as the civil liability
of the accused is concerned. He may also file a special civil action for certiorari
even without the intervention of the OSG, but only to the end of preserving his
interest on the civil aspect of the case.

Case: People vs. Piccio, G.R. No. 193681, August 6, 2014 libel

Rape Case: People vs. Dagaojo, G.R. Nos. 137834-40, December 3,

2001

Case:murder Cajipe vs. People, G.R. No. 203605, April 23, 2014

Office of the Ombudsman

Article XI, 1987 Constitution

1. Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper or inefficient.
2. Direct, upon complaint or at its own instance, any public official or
employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or
controlled corporation with original charter, to perform and expedite
any act of duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties.
3. Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure compliance
therewith.
4. Direct the officer concerned, in any appropriate case, and subject to
such limitations as may be provided by law, to furnish it with copies of
documents relating to contracts and transactions entered into by his
office involving the disbursement of use of public funds or properties,
and report any irregularity to the Commission on Audit for
appropriate action.
5. Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.
6. Publicize matters covered by its investigation when circumstances so
warrant and with due prudence.
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7. Determine the causes of inefficiency, red tape, mismanagement, fraud,

and corruption in the Government and make recommendations for
their elimination and the observance of high standards of ethics and
efficiency.
8. Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.

Lynna G. Chung vs. Office of the Ombudsman, et al., G.R. No.

239871, March 18, 2021

Porfirio C. Yasay, Jr. vs. Dela Peña, G.R. No. 255045, March 24,
2021

Public Attorney’s Office

Republic Act No. 9406, amending E.O. No. 292

-render, free of charge, legal representation, assistance, and counselling to

indigent persons in criminal, civil, labor, administrative and other quasi-judicial
cases. In the exigency of the service, the PAO may be called upon by proper
government authorities to render such service to other persons, subject to
existing laws, rules and regulations.

9. Counsel de oficio
Rule 116, Sections 7 and 8

Section 7. Appointment of counsel de oficio.- The court, considering the

gravity of the offense and the difficulty of the questions that may arise, shall
appoint as counsel de oficio such members of the bar in good standing who, by
their reason of their experience and ability, can competently defend the accused.
But in localities where such members of the bar are not available, the court may
appoint any person, resident of the province and of good repute for probity and
ability, to defend the accused.

People vs. Roscoe Daban, G.R. No. L-31429, January 31, 1972

Rule 122, Section 13

Section 13. Appointment of counsel de oficio for accused on appeal. – It
shall be the duty of the clerk of court of the trial court, upon filing of a notice of
appeal, to ascertain from the appellant, if confined in prison, whether he desires
the Regional Trial Court, Court of Appeals or the Supreme Court to appoint a
counsel de oficio to defend him and to transmit with the record on a form to be
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prepared by the clerk of court of the appellate court, a certificate of compliance

with this duty and of the response of the appellant to his inquiry.

Office of the Special Prosecutor

R.A. No. 6770, An Act Providing for the Functional and

Structural Organization of the Office of the Ombudsman and for
Other Purposes
The Office of the Special Prosecutor shall, under the
supervision and control and upon authority of the
Ombudsman, have the following powers:

(a) To conduct preliminary investigation and prosecute

criminal cases within the jurisdiction of the
Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the
Ombudsman.

Prescription of Crimes

Importance
Rule on Prescription of Crimes
Computation of Prescription of Offenses

Jadewell Parking Systems Corporation vs. Hon. Judge Nelson

Lidua, Sr., MTC Baguio City, G.R. No. 169588, October 7, 2013

Prosecution of Civil Action (Rule 111)

Implied Institution of the Civil Action with the Criminal Action

When a criminal action is instituted, the civil action for the recovery of
the civil liability arising the offense charged shall be deemed instituted with the
criminal action. (Section 1(a), Rule, 111, Rules of Court)

Based on Art. 100, RPC, “every person criminally liable is also civilly
liable.”

Two aspects of a criminal case: civil and criminal

The purpose of civil action is for the resolution, reparation,

indemnification of the private offended party for the damage or injury he
sustained by reason of the delictual or felonious act of the accused.
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The real parties in interest in the civil aspect of the a decision are the
offended party and the accused. Hence, either the offended party or the accused
may appeal the civil aspect of the judgment despite the acquittal of the accused.

Case: Rimando vs. Aldaba, G.R. No. 20353, October 13, 2014

Exceptions: When Civil Action May Proceed Independently

Lim vs. Kou Co Ping, G.G. No. 175256, August 23, 2012

When a civil action may proceed independently; independent civil

actions and quasi-delicts

1. A single act or omission that causes damage to an offended party may

give rise to two separate civil liabilities on the part of the offender: (1) civil
liability ex delicto, that is civil liability arising from the criminal offense
under Art. 100; and (2) independent civil liability, that is, civil liability
that may be pursued independently of the criminal proceedings as
provided in Art. 31 of the Civil Code (Ex. Breach of contract or tort)
2. Civil actions referred in Arts. 32, 33, 34 and 2176 shall remain separate,
distinct and independent of any criminal prosecution may be based on
the same act. (negligent act of a driver of a common carrier causing
damage to pedestrian, under Art. 2176)
3. Art. 2177 of the Civil Code, responsibility arising from a quasi-delict is
entirely separate and distinct from the civil liability arising from
negligence under the penal code.

When there is no implied institution of the civil action

1. When the offended party waives the civil action;
2. When the offended party reserves the right to institute the civil action
separately; or
3. When the offended party institutes the civil action prior to the
criminal action.

Reservation of the civil action

The reservation shall be made before the prosecution starts presenting
evidence. The reservation is to be made under circumstances that would afford
the offended party a reasonable opportunity to make such reservation.

When no reservation is required

1. Actions under Arts. 32, 33, 34 and 2176 of the Civil Code may be filed
separately and prosecuted independently even without any
reservation in the criminal action.
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2. BP 22, the corresponding civil action is deemed included and that a

reservation to file separately is not allowed.

When the separate civil action is suspended

After the criminal action is commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the
criminal action. Preference is given to the resolution of the criminal action. This
is only for civil actions arising from the offense charged and not to independent
civil actions.

Counterclaim, Cross-Claim, Third-Party Complaint

A court cannot entertain counterclaims, cross-claims and third-party

complaints in the criminal action. A criminal case is not the proper proceeding
to determine the civil liability. A court trying a criminal case is limited to
determining the guilt of the accused and, if proper, to determine his civil
liability.

Filing Fees
Filing fees shall be paid when damages are being claimed by the offended
party.

Tell the court what you want, if not included it would not be given by the court

Case: Viray vs. People, G.R. No. 205180, November 11, 2013

7. Effect of Death of the Accused

Case: Respicio vs. People, G.R. Nos. 178701 and 178754, June 6, 2011,
March 11, 2015 Resolution

Case: People vs. Paras, G.R. No. 192912, October 22, 2014

Case: Philippine Rabbit Bus vs. People, April 14, 2004

8. Prejudicial Question

A prejudicial question is that which arises in a case the resolution of

which is a logical antecedent of the issue involved in the criminal case, and the
cognizance of which pertains to another tribunal. It is determinative of the
criminal case, but the jurisdiction to try and resolved is lodged in another
tribunal. It is based on a fact distinct and separate from the crime but is so
intimately connected with the crime that it determines the guilt or innocence of
the accused.
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Reason for the Principle

To avoid two conflicting decisions in the civil case and in the criminal
case.

Requisites for a prejudicial question:

1. The civil case involves fact intimately related to those upon which the
criminal prosecution would be based;
2. In the resolution of the issue or issues raised in the civil action, the
guilt or innocence of the accused would be necessarily determined;
and
3. Jurisdiction to try said question must be lodged in another tribunal.

Case: Ty-de Zuzuarregui vs. Villarosa, G.R. No. 183788, April 5, 2010

Case: Gidwani vs. People, G.R. No. 195064, January 15, 2014

Effect of Acquittal or Extinction of Penal Action on the Civil Action

Rule:
The extinction of the penal action does not carry with it the extinction of
the civil liability where:
(a) The acquittal is based on reasonable doubt as only preponderance of
evidence is required.
(b) The court declares that the liability of the accused is only civil; and
(c) The civil liability of the accused does not arise from or is not based
upon the crime of which the accused is acquitted.

However, the civil action based on delict may be deemed extinguished if

there is a finding on the final judgment in the criminal action that:
(a) The prosecution absolutely failed to prove the guilt of the accused.
(b) The act or omission from which the civil liability may arise did not
exist; or
(c) Where the accused did not commit the acts or omission imputed to
him.