B. Prosecution of Offenses (Rule 110)

Consolidation of Trials of Related Offenses

Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court (Rule 119, Sec. 22).

MEANING OF CRIMINAL ACTIONS

A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (Rule 1, Sec. 3[b])

When Two or More Offenses Contained in a Single Information or Complaint

Accused may file a motion to quash.

If accused fails to object to it before trial, the accused is deemed to have waived the defect and the court may convict him of as many offenses as charged and proved, and impose a penalty for each offense. (Rule 120, Section 3)

While Sec. 13 of Rule 110 frowns upon multiple offenses being charged in a single information, the failure to raise this issue during arraignment amounts to a waiver, and the objection can no longer be raised on appeal. (Abalos v. People, G.R. No. 136994, 2002)

The Information:

• Must be in writing;
• In the name of the People of the Philippines; and
• Against all persons who appear to be responsible for the offense involved (Rule 110, Sec. 2).

The information must be “against all persons who appear to be responsible for the offense involved.” While the prosecutor has discretion to determine who should be included in the information, he can be compelled by mandamus if he abuses his discretion by refusing to include a person as a co-accused despite sufficient evidence. (Guiao v. Figueroa, et. al, G.R. No. L-6481, 1954)

However, before mandamus may be resorted to, the petitioner must exhaust all remedies in the ordinary course of law (i.e. filing a motion in the trial court for such inclusion) (Aquino, et al. v. Mariano, et al., G.R. No. L-30485, 1984)

An infirmity in the information, such as lack of authority of the officer signing it, cannot be cured by silence, acquiescence, or even by express consent. (Cudia v. Court of Appeals, G.R. No. 110315, 1998)

However, this shall not be a bar to a subsequent prosecution under a subsequent valid information.

A Complaint:

• Sworn written statement;
• Charging a person with an offense; and
• Subscribed by:
• The offended party;
• Any peace officer; or
• Other public officer charged with the enforcement of the law violated (Rule 110, Sec. 3).

Where a preliminary investigation is required (i.e., where the imposable penalty is at least 4 years, two months and 1 day), the complaint is filed with the prosecutor (Rule 110, Sec. 1).

Where a preliminary investigation is not required (i.e., where the imposable penalty is less than 4 years, two months and 1 day), the complaint may be filed with the prosecutor (in Metro Manila) or directly with the MTC/MCTC (for cases over which MTC has jurisdiction) (Rule 110, Sec. 1)

The complaint as defined under Section 3 is different from the complaint filed with the Prosecutor’s Office which refers to the one filed in COURT for the commencement of a criminal prosecution for violation of a crime usually cognizable by Municipal Trial Courts as well as to a complaint filed by an offended party in PRIVATE CRIMES or those which cannot be prosecuted de oficio.

When Mistake Has Been Made in Charging the Proper Offense

When accused cannot be convicted of the offense charged or any other offense included therein –

• Accused shall not be discharged if there appears good cause to detain him
• Court shall:
• Commit the accused to answer for the proper offense; and
• Dismiss original case upon filing of proper information (Rule 119, Sec.19).

Resolution of investigation prosecutor

After having filed the information, the prosecutor is called upon to prosecute the case in court. At this stage, unlike judges who are mandated to display cold neutrality in hearing cases, the prosecutors are not required to divest themselves of their personal convictions and refrain from exhibiting partiality. But while he may strike hard blows, he is not at liberty to strike foul ones (People v. Cawaling, G.R. No. 117970, 1988).

Grounds

A criminal complaint may be brought for an offense in violation of R.A. 3019, as amended, R.A. 1379, as amended, R.A. 6713, as amended, R.A. 6713, Title VII, Chapter II, Section 2 of the Revised Penal Code, and for such other offenses committed by public officers and employees in relation to office. (Rule II, Sec. 1, Rules of Procedure of the Office of the Ombudsman)

Full Discretion and Control of the Prosecutor

All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the prosecutor (Rule 110, Sec. 5).

Prosecution of Private Crimes Who May Prosecute

• Adultery and Concubinage –
• Only by the offended spouse who should have the status, capacity, and legal representation at the time of filing of the complaint regardless of age
• Both guilty parties must be included in the complaint.
• The offended party did not consent to the offense nor pardoned the offenders (Sec. 5 Rule 110).
• Seduction, Abduction and Acts of Lasciviousness – Prosecuted exclusively and successively by the following persons in this order:
• By the offended woman;
• By the parents, grandparents or legal/ judicial guardians in that successive order, if the offended party is a minor or of age but suffers from physical or mental disability;
• By the State pursuant to the doctrine of parens patriae, when the offended party dies or becomes incapacitated before she could file the complaint and she has no known parents, grandparents or guardians (Sec. 5 Rule 110).
• Defamation imputing to a person any of the foregoing crimes of concubinage, adultery, seduction, abduction, rape or acts of lasciviousness – Only by the party or parties defamed by imputation of committing the crimes specified (Revised Penal Code, Art. 360)

If the offended party is of legal age and does not suffer from physical or mental disability, she alone can file the complaint to the exclusion of all (Sec. 5 Rule 110).

Exception/s:

• Where the marriage was invalid or contracted in bad faith in order to escape criminal liability (People v. Santiago, G.R. No. L-27972, 1927);
• In “private libel” or the libelous imputation of the commission of the crimes of concubinage, adultery, seduction, abduction, rape, or acts of lasciviousness, and in slander by deed (People v. Orzame, 39 O.G. 1168); and
• In multiple rape, insofar as the other accused in the other acts of rape respectively committed by them are concerned (People v. Bernardo, 38 O.G. 3749)

The acquittal or death of one of the accused in the crime of adultery does not bar the prosecution of the other accused. (United States v. Topiño, G.R. No. 11895, 1916).

However, the death of the offended spouse before the filing of the complaint for adultery bars further prosecution, BUT if the offended spouse died AFTER the filing of the corresponding complaint, his death will not prevent the proceeding from continuing to its ultimate conclusion.

Amendments to Information May Be Allowed when:

• It does not deprive the accused of the right to invoke prescription;
• It does not affect or alter the nature of the offense originally charged;
• It does not involve a change in the basic theory of the prosecution so as to require the accused to undergo any material charge or modification in his defense;
• It does not expose the accused to a charge which would call for a higher penalty;
• It does not cause surprise or deprive the accused of an opportunity to meet the new averment.