July 30, 2025
Starting Rule 110 tonight
Purpose of Criminal Action - (page 63 sa book) is to determine the penal liability of the accused
for having outraged the state
(The outrage of the state was explained by atty galgo)
1. To find out if accused is guilty and penalize
2. To indemnify the victim
Role of state – the aggrieved
Role of private offended party – Witness (duty of the citizen to the state to be a state witness)
Kahit mag affidavit of desistance ang victim, it is the call of the state to continue the case
Institution of Criminal Action
Preliminary investigation
Before – probable cause lang ang need ng quantum of proof
Ngayon – binagu ng DOJ and adopted ng SC. It is now prima facie (certainty of
conviction) Department Circular 028 (Rules of summary investigation)
Need investigation if penalty is less than 4yr-2mon-1day.
DOJ Circular 028 – need investigation if penalty 1day to 6 yrs.
*Get a copy of DOJ Circular 028
*rules of expedited procedures get copy AM NO. 08-8-7-SC (violations of traffic law, violations
of city ordinances)
Jadewell case – special law and ordinance – interrupted when information filed before the court
Zaldivia – ordinance pres. Period. interrupted when information filed before the court
Pp vs pangilanan – special law – filed before public prosecutor
DISINI VS. SANDIGANBAYAN, SEPT. 11, 2013 (new case) – settle the prescription period
interruption. (all laws, RPC or SPECIAL or ORDINANCE) period of prescription is interrupted
during filing in preliminary investigation at public prosecutor
PEOPLE VS LEE, SEPT. 16, 2019 (Before the Court nanaman)
PEOPLE VS. CONSEBIDO, APRIL 2, 2025 (filing of complaint in public prosecutor for preliminary
investigation) (FINALY)
1. Warrantless arrest – inquest proceedings
2. Illegaly deprived
3. Actions
4. Actions may no longer
Section 2 - Complaint or Information – Formal Charge (in the name of the people of the
Philippines) babasahin during arraignment (FILED BEFORE A COURT)
Section 4- Information, signed by prosecutor, filed before the court
Section3 – Complaint (affidavit complaint, reklamo na finile ng offeded party) signed by
offended party, filed before the public prosecutor for purposes of prelim investigation
Section 5 – who must prosecute criminal action
- Under the direction and control of prosecutor/fiscal(DOJ)
-prosecutor – power to determined whether there is prima facie
-prosecutor – control to present witness and evidence (sya mag buot, even the court
cannot dictate the presentation of evidence)
-prosecutor - control what case to file against the offender
CHUA V. PADILLO, 522 SCRA 60– Not even the SC dictate the presentation of evidence
Private Prosecutor – Private Lawyer hired by the private complainant
- Still under the direction and control of public prosecutor
- Anytime - public prosecutor can take over
- Security of private offended party to be awarded with civil
damages suffered (civil liability)
- No private offended party (drugs, illegal possession of fire
arms)
- File motion to appear as private prosecutor to be approved by
public prosecutor & court
-if there’s authorization – case can proceed absent
public prosec
-if no authorization – case cant proceed
-Art. 100 RPC – if person is criminally liable it is also civil liability
Limitation – 1. There can no be private prosecution if there is no civil liability
2. When civil liability is waived
3. When civil action is reserved
4. When civil action is separately filed
END OF CLASS
RULE 110 is continued
Read - R
