I. Initiation and Institution of Criminal Actions
I. Initiation and Institution of Criminal Actions
Rule one hundred ten defines how and where a criminal case begins.
Institution (Section one): Criminal actions are instituted by filing a complaint with the proper officer for preliminary investigation (for offenses requiring it) or by filing the complaint/information directly with the court or prosecutor's office for other offenses. In Manila and chartered cities, cases must generally be filed with the office of the prosecutor.
Effect on Prescription: The institution of a criminal action interrupts the running period of prescription for the offense unless a special law provides otherwise. While the Rules suggest filing with the prosecutor tolls prescription, special laws may require the institution of "judicial proceedings" for ordinances and specific special acts.
II. The Accusation: Complaint and Information
II. The Accusation: Complaint and Information
Rule one hundred ten distinguishes between two types of initiatory pleadings:
Complaint (Section three): A sworn written statement charging a person with an offense, subscribed by the offended party, a peace officer, or a public officer charged with enforcing the law.
Information (Section four): An accusation in writing subscribed by the prosecutor and filed with the court. Unlike a complaint, it does not need to be under oath as the prosecutor acts under the oath of office.
Form (Section two): Both must be in writing, in the name of the "People of the Philippines," and against all persons responsible for the offense.