6907302
Description
Flashcards by Charmagne Joy Cumigad, updated more than 1 year ago
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Created by Charmagne Joy Cumigad
over 7 years ago
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| Question | Answer |
| How are Criminal Actions Instituted? | (a) For offenses where a preliminary investigation is required by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the MTC , or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters [1st par, Sec 1, Rule 110] |
| What is the Effect? | The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. [3rd par, Sec 1, Rule 110] |
| What is a complaint? | A complaint is a sworn written statement charging a person with an of-fense, subscribed by the offended party, any peace officer, or other pub-lic officer charged with the enforcement of the law violated. [Sec. 3, Rule 110] |
| What is an Information? | An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. [Sec. 4, Rule 110] |
| Who must prosecute criminal actions? | Gen. Rule: Shall be prosecuted under the direction and control of the prosecutor. [par. 1, Sec 5, Rule 110] |
| What are Private Crimes? | Crimes that can only be prosecuted upon complaint filed by the offended party. |
| What is the exception in case where the prosecutor is not available? | when the prosecutor assigned thereto or to the case is not available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court. [par. 1, Sec. 5, Rule 110] |
| What are examples of private crimes? | Concubinage and Adultery. [par. 2, sec. 5 , Rule 110] Defamation, in case there is imputation in above-mentioned cases. [par. 5, sec 5, Rule 110] |
| The offenses of seduction, abduction and acts of lasciviousness, who may file in order that this crime may be prosecuted? | Gen. Rule: The offended party, or the parents, grandparents, or the guardian. This right is exclusive and Successive. Exception: The state may initiate the criminal action in her behalf if she dies, becomes incapacitated and no known parent, grandparent or guardian. This doctrine is also under Parens Patriae |
| When is a complaint or information sufficient? | 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. [Sec. 6, Rule 110] |
| How should the name of the accused stated? | The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown. [Sec.7 Rule 110] |
| How to state the designation of the offense? | The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or sub-section of the statute punishing it. [Sec. 8, Rule 110] |
| How to state the cause of the accusation? | The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language. [Sec. 9, Rule 110] |
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