Article 48p. 48

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

the motion through a special civil action for certiorari

under Rule 65 of the Rules of Court.

SECTION 4. Review of Decision or Order in Liquidation

Proceedings . — The Liquidation Order, and the order

approving or disapproving the Liquidation Plan under

Section 27, Rule 4 (F) of these Rules can only be

reviewed through a petition for certiorari to the Court of

Appeals under Rule 65 of the Rules of Court within

fifteen (15) days from notice of the decision or order.

RULE 6 Effectivity

SECTION 1. Effectivity . — These Rules shall take effect

fifteen (15) days after their complete publication in the

Official Gazette or in at least two (2) newspapers of

national circulation in the Philippines.

Rules on Procedure in the Investigation,

Prosecution and Trial of Criminal Cases

PART Iڈ PΒͬΚ̔̆ίΧ̾ͬ͢ ̮ͬ O̮̮̔͢Κ̔Κ

SEC. 1 Criminal action . - A criminal action is one by

which the state prosecutes a person for an act or

omission punishable by law. 1

SEC. 2. How and where commenced. - A criminal action

is commenced by the filing of a complaint with the

City/Provincial Prosecution Office or with the Municipal

Trial Court or Municipal Circuit Trial Court. However, a

criminal action for an offense committed within Metro

Manila, may be commenced only by the filing of the

complaint with the Prosecutor's Office.

SEC. 3. Complaint. - A complaint is a sworn written

statement charging a person with an offense and

subscribed by the offended party, any peace officer or

public officer charged with the enforcement of the law

violated.

2

To discourage the filing of harassment charges, the

prosecutor shall warn the complainant that any false

statement in the complaint may give rise to a finding of

a prima facie case for perjury before the same office.

SEC. 4. Offended party, defined. - The offended party is

the person against whom or against whose property

1 Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure.

2 Sec. 3, Rule 110, Rules on Criminal Procedure; Example of public

officer charged with the enforcement of the law violated: Bureau of

Customs officials for violation of the customs law; Bureau of Forest

Development officials for violation of forestry laws; chief of police of a

municipality for violation of a municipal ordinance which constitutes a

criminal offense.

The sworn complaint referred to usually refers to a complaint filed in

court and not in the prosecutor's office. It is not necessary to file a

sworn complaint with the prosecutor before the latter can conduct a

preliminary investigation. A mere unsworn letter suffices to start an

investigation, except if the offense charged is one which cannot be

prosecuted de oficio or is private in nature i.e., where the law

requires that it be started by a complaint sworn to by the offended

party.

In a case involving a private offense, the phrase "complaint filed by

the offended party" as used in Section 5, Rule 110 should be given a

liberal or loose interpretation, meaning a "charge, allegation,

grievance or accusation" rather than a strict construction for often

than not the offended party who files it is unschooled in law The

purpose of the complaint in Section 5, Rule 110, is merely to initiate

or

commence

the

prosecution

of

the

accused.

Thus,

the

"Sinumpaang Salaysay" of the victim of a private offense is already

deemed a complaint" required in the aforesaid Sec. 5. (People vs.

Sangil, 208 SCRA 696 [1992]).

the crime was committed.

3

SEC. 5. Information. - An information is the accusation

in

writing

charging

a

person

with

an

offense,

subscribed by the prosecutor, and filed with the court.

The information need not be placed under oath by the

prosecutor signing the same. The prosecutor must,

however, certify under oath that -

a)

he has examined the complainant and his

witnesses;

b)

there is reasonable ground to believe that a

crime has been committed and that the

accused is probably guilty thereof;

c)

the

accused

was

informed

of

the

complaint and of the evidence submitted

against him; and

d)

the accused was given an opportunity to

submit controverting evidence.

4

SEC. 6. Sufficiency of complaint or information. - A

complaint or information shall be considered sufficient

if it states -

a)

the name of the accused;

b)

the designation of the offense committed;

c)

the act or omission complained of;

d)

the name of the offended party;

e)

the approximate time of the commission of

the offense; and

f)

the

place

where

the

offense

was

committed.

5

SEC.

7.

Other

essential

matters

to

be

alleged

in

complaint or information. - The following shall also be

alleged in a complaint or information:

a)

every essential element of the offense;

b)

the criminal intent of the accused and its

relation to the act or omission complained

of;

c)

all

qualifying

and

generic

aggravating

circumstances which are integral pans of

the offense;

d)

all

matters

that

are

essential

to

the

constitution of the offense, such as the

ownership and/or value of the property

robbed

or

destroyed;

the

particular

knowledge to establish culpable intent; or

the particular intention that characterizes

the offense;

e)

age of the minor accused, and whenever

applicable, the fact that he acted with

discernment; and

f)

age of the minor complainant, when age is

material.

SEC. 8. Additional contents of a complaint - In addition

to the matters listed above, a complaint or information

shall contain a certification that the recitals therein are

true

and

correct

and

not

in

the

nature

of

a

countercharge to avoid conflict in the appreciation of

the facts and evidence.

SEC.

9.

Name

of

accused.

-

The

complaint

or

information shall state the name and surname of the

accused, if known, or any appellation or nickname by

which he -has been or is known. If his name is not

known,

the

accused

shall

be mentioned under a

fictitious name such as "John Doe'1 or "Jane Doe."

SEC. 10. Designation of offense. - To properly inform the

accused of the nature and cause of the accusation

against him, the complaint or information shall state,

3 Sec. 12, par. 1, Rules on Criminal Procedure

4 Sec. 4, Rule 112, ibid.

5 Sec. 6, Rule 110, ibid.

© Compiled By RGL

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