Rule 110 of the Revised Rules of Criminal Procedure serves as the foundational framework for the initiation and conduct of criminal actions in the Philippines. It outlines the procedural requirements for how the State, through the prosecution, formalizes charges against an individual to protect the rights of the accused while ensuring the efficient administration of justice.
1. Institution of Criminal Actions
Criminal actions are instituted differently depending on whether the offense requires a Preliminary Investigation (PI).
- Offenses requiring PI: For offenses where the penalty prescribed by law is at least four years, two months, and one day (regardless of the fine), the action is instituted by filing the complaint with the proper officer for the purpose of conducting the requisite investigation.
- Offenses not requiring PI: For all other offenses, the action is instituted by filing the complaint or information directly with the Municipal Trial Court (MTC) or Municipal Circuit Trial Court (MCTC), or by filing the complaint with the office of the prosecutor.
The institution of the criminal action interrupts the running of the period of prescription of the offense, unless otherwise provided in special laws.
2. Complaint vs. Information
Rule 110 distinguishes between the two primary initiatory pleadings in a criminal case:
The Complaint (Section 3)
A complaint is a sworn written statement charging a person with an offense, subscribed by:
- The offended party;
- Any peace officer; or
- Other public officer charged with the enforcement of the law violated.
The Information (Section 4)
An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. Unlike a complaint, it does not need to be sworn to by the prosecutor, as they act under their official oath of office.
3. Direction and Control of Prosecution
Under Section 5, all criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the public prosecutor.
In the Municipal Trial Courts or Municipal Circuit Trial Courts, if the prosecutor is unavailable, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority ceases upon actual intervention of a prosecutor or upon elevation of the case to the Regional Trial Court.
4. Sufficiency of Complaint or Information
To satisfy the constitutional right of the accused to be informed of the nature and cause of the accusation, Section 6 stipulates that a complaint or information is sufficient if it states:
- The name of the accused;
- The designation of the offense given by the statute;
- The acts or omissions complained of as constituting the offense;
- The name of the offended party;
- The approximate date of the commission of the offense; and
- The place where the offense was committed.
Key Details Required:
- Name of the Accused: If the name is unknown, they must be described under a fictitious name (e.g., "John Doe") with a statement that the true name is unknown. If the true name is later discovered, the court shall cause the true name to be inserted.
- Cause of the Accusation: The complaint or information must state the qualifying and aggravating circumstances. Acts or omissions must be described in ordinary and concise language so a person of common understanding can know what offense is being charged.
- Place and Date: The offense must be alleged to have been committed within the jurisdiction of the court. The precise date is not required unless it is a material ingredient of the offense (e.g., Infanticide).
5. Duplicity of Offenses (Section 13)
A complaint or information must charge only one offense, except in cases where the law prescribes a single punishment for various offenses (e.g., Complex Crimes under Article 48 of the Revised Penal Code). If the accused fails to object to a duplicitous information before trial, the right is deemed waived, and the court may convict the accused of as many offenses as are charged and proved.
6. Amendment and Substitution (Section 14)
The rules allow for changes to the initiatory pleading under specific conditions:
| Stage of Proceedings | Amendment Rule |
|---|---|
| Before the Accused Pleas | Amendment (formal or substantial) is a matter of right without leave of court. |
| After the Plea | Only formal amendments are allowed with leave of court and provided it does not prejudice the rights of the accused. |
| During Trial | If it appears that a mistake has been made in charging the proper offense, the court may dismiss the original case and order the filing of a substitution (a new information). |
7. Venue and Jurisdiction (Section 15)
As a general rule, criminal actions shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
- Crimes on Vessels: Triable in the court of the first port of entry or the municipality/territory through which the vessel passed during the voyage.
- Crimes on Aircraft: Triable in the court of the municipality/territory where the aircraft first landed.
- Libel: Specific rules apply regarding the residence of the offended party or where the printed matter was first published.
8. Prosecution of Private Crimes
Section 5 imposes strict limitations on who can initiate certain crimes against chastity:
- Adultery and Concubinage: Can only be prosecuted upon a complaint filed by the offended spouse. The offended party cannot institute the case without including both guilty parties, if both are alive.
- Seduction, Abduction, and Acts of Lasciviousness: Can be prosecuted upon a complaint filed by the offended party, her parents, grandparents, or guardian.
- Defamation: If it consists of the imputation of the aforementioned crimes, it must also be prosecuted by the offended party.
9. Intervention of the Offended Party (Section 16)
Where the civil action for the recovery of civil liability is instituted in the criminal action (which is the default rule), the offended party has the right to intervene directly or through counsel in the prosecution of the offense. This right is extinguished if the offended party waives the civil action, reserves the right to file it separately, or institutes the civil action prior to the criminal action.