Who may prosecute; crimes that cannot be prosecuted de officio | Prosecution of Offenses (RULE 110) | CRIMINAL PROCEDURE

Below is a comprehensive discussion of the relevant rules and principles under Philippine criminal procedure on the topic of “Who May Prosecute; Crimes That Cannot Be Prosecuted de Officio.” The discussion focuses on Rule 110 of the Revised Rules on Criminal Procedure, the statutory framework, and important jurisprudential points. The aim is to present a meticulous and practical overview.

I. INTRODUCTION

In Philippine criminal procedure, public offenses are generally prosecuted in the name of the People of the Philippines, as crimes are considered violations of the social order. The authority to prosecute, however, is not strictly limited to public prosecutors. Certain statutes and procedural rules allow private prosecutors to intervene under specific circumstances. Moreover, some offenses are “private crimes,” which cannot be prosecuted de officio (i.e., by the State alone, motu proprio) unless particular conditions or the explicit participation of the offended party is present.

A. Legal Basis

  • Rule 110 of the Revised Rules on Criminal Procedure (Sections 1 through 5, in particular) outlines who can initiate the prosecution of criminal actions and discusses the limitations pertaining to private offenses.
  • Relevant provisions of the Revised Penal Code (RPC) identify certain offenses labeled as “private crimes,” establishing restrictions on who may initiate and continue the prosecution.

II. WHO MAY PROSECUTE

A. Public Prosecutors (Fiscal/Prosecuting Attorneys)

  1. Primary authority to prosecute

    • Under Section 5, Rule 110 of the Revised Rules on Criminal Procedure, criminal actions shall be prosecuted under the direction and control of the public prosecutor.
    • Public prosecutors represent the People of the Philippines and have the duty to ensure that justice is done, not merely to secure a conviction.
    • Their role includes determining if there is probable cause, filing the appropriate information, and handling the case in court.

  2. Exceptions/Instances allowing direct filing without prior prosecutor involvement

    • Certain offenses may be filed directly with the Municipal Trial Court or Municipal Circuit Trial Court if the penalty is within their jurisdiction, in accordance with the Revised Rules on Summary Procedure.
    • However, even in these instances, a prosecutor may still take over or represent the People once the case goes to trial or is deemed outside the coverage of summary procedure.

B. Private Prosecutors

  1. When allowed

    • A private prosecutor (often employed by the offended party or by the family of the offended party) may be permitted to prosecute the criminal action under the direction and control of the public prosecutor.
    • This situation generally arises when the public prosecutor has a heavy workload, or there are other valid reasons for deputation, provided the public prosecutor does not object and the court grants permission.

  2. Limited authority

    • Even when a private prosecutor is deputized, the public prosecutor retains supervision and control. The latter can step in at any point to amend charges, present additional evidence, or perform acts deemed necessary for the interest of the public.

C. Offended Party (as Complainant)

  1. Initiating criminal complaints

    • An offended party who has personal knowledge of the facts may file the criminal complaint with the appropriate office (e.g., Office of the City/Provincial Prosecutor or the police).
    • In the event that the case is for a private crime (e.g., adultery, concubinage, certain crimes involving chastity, or defamation by libel in certain contexts), the offended party’s complaint is indispensable.

  2. Filing in the MTC/MeTC for offenses within their jurisdiction

    • For offenses punishable by imprisonment not exceeding 4 years and 2 months (generally within the jurisdiction of first-level courts) or those that fall under summary procedure, the offended party may file directly with the court or the prosecutor, depending on the rules.
    • Once filed in court, the prosecutor or the court may require the offended party (or counsel) to coordinate with the prosecutor’s office for representation during hearings.

III. CRIMES THAT CANNOT BE PROSECUTED DE OFFICIO (PRIVATE CRIMES)

Certain crimes under Philippine law are considered “private crimes” or “crimes which cannot be prosecuted de officio.” This means the prosecuting authority (the State) cannot initiate the action without the complaint or intervention of the offended party. These offenses require the offended party to file a sworn written complaint, often referred to as a “complaint for private offense,” or at least to give consent to its prosecution. If the offended party chooses not to file or pursue the complaint, the State is generally barred from prosecuting.

A. Common Private Crimes Under the Revised Penal Code

  1. Adultery and Concubinage (Articles 333 and 334, RPC)

    • Who must file: Only the offended spouse can file the criminal complaint.
    • Conditions: The offended spouse must include both guilty parties (i.e., the spouse and the paramour/concubine), unless one of them is not known or cannot be identified at the time of filing.
    • Effect of pardon/condonation: Pardon by the offended spouse, expressed or implied, bars prosecution. If the spouses voluntarily cohabit again, it implies condonation.

  2. Seduction, Abduction, and Acts of Lasciviousness (Articles 337, 342, and 336, RPC, respectively)

    • Who must file: Generally, the complaint must be filed by the offended woman or her parents, grandparents, or guardian. In case of incapacity, the State may intervene only with the offended person’s consent or those authorized to act for her.
    • Reason: These crimes offend chastity, which the law deems personal, thus requiring the offended party’s initiative to protect her privacy and honor.

  3. Criminal Defamation in Certain Contexts (Libel or defamation by act, if the person defamed is a public officer or a private individual in certain cases)

    • While libel is ordinarily prosecuted de officio if a complaint is filed, certain forms of defamation (e.g., those linked to the person’s privacy or chastity) may require a direct complaint from the offended party.
    • Note that as a practical matter, the offended person must file a formal complaint-affidavit or initiate the action with the prosecutor’s office or the court (depending on the jurisdiction).

B. Rationale Behind the Rule

The concept of private crimes is grounded in considerations of honor, reputation, family harmony, and privacy. The law is designed to prevent further intrusion or public exposure of personal matters unless the offended party deems it necessary. Consequently, the State hesitates to proceed on its own because the interest implicated (the offended party’s privacy and honor) is of such a personal nature that the prosecutorial machinery must remain subordinate to the wishes of the offended individual.

C. Procedural Aspects

  1. Requirement of a Sworn Written Complaint

    • The offended party (or those authorized to act in her/his behalf) must file a sworn written complaint before the prosecutor or directly in court, as prescribed by the applicable rules.
    • Failure to provide such a complaint in private offenses generally means that no valid prosecution can proceed.

  2. Exception: When the offended party is a minor

    • If the offended party is below 18 years old or is otherwise incapacitated, the parents, grandparents, or guardians may file the action in her/his stead.
    • In the absence of any known relatives or guardian, the State (through the prosecutor) may proceed upon a showing that the minor’s interest must be protected.

  3. Subsequent Marriages or Pardon

    • In seduction, abduction, or acts of lasciviousness, a valid subsequent marriage between the offender and the offended party generally extinguishes the criminal liability.
    • For adultery and concubinage, an express or implied pardon by the offended spouse extinguishes the criminal action, reflecting the deeply personal nature of these offenses.

  4. Withdrawal by the Offended Party

    • If the offended party withdraws the complaint or refuses to proceed, the State cannot ordinarily continue the prosecution.
    • However, if any part of the offense involves a public crime (e.g., statutory rape in certain circumstances or where the offended party is below 12 years old), the rules on private offenses may not apply because the offense is considered a public wrong affecting a minor.

IV. JURISPRUDENTIAL HIGHLIGHTS

  1. Control and supervision of prosecution

    • The Supreme Court has consistently ruled that the public prosecutor’s authority cannot be supplanted entirely by a private prosecutor. Ultimately, the public prosecutor decides whether or not a case should be pursued to trial, subject to judicial review for grave abuse of discretion.

  2. Nature of the complaint in private crimes

    • Courts have stressed that the personal or direct complaint by the offended party is a jurisdictional requirement in offenses against chastity (e.g., seduction, abduction). If the complaint is not properly initiated by the offended party or her lawful representative, the trial court lacks jurisdiction to take cognizance of the case.

  3. Effect of non-inclusion of the paramour or concubine

    • For adultery or concubinage, if the offended spouse fails to include either of the guilty parties in the complaint (except for valid reasons such as impossibility of identification), the complaint may be dismissed for failure to comply with the legal requirement that both guilty parties be charged.

  4. Implied pardon in adultery and concubinage

    • Resuming cohabitation as spouses typically is taken as an implied pardon, thus preventing or extinguishing the criminal prosecution. Jurisprudence requires evidence of the offended spouse’s voluntary and knowing decision to cohabit again with the accused spouse.

V. PRACTICAL POINTS AND LEGAL FORMS

  1. Drafting the Complaint for Private Crimes

    • Must contain the personal circumstances of the complainant (and the accused), detailed narration of facts, and a clear identification of the acts complained of.
    • Must be verified and under oath.

  2. Certificate of Non-Forum Shopping

    • Though commonly associated with civil complaints, the offended party must generally comply if the filing overlaps with a civil action for damages or if there are related administrative proceedings. When in doubt, best practice is to indicate compliance or clarify whether it is needed.

  3. Coordination with Prosecutor’s Office

    • Even if the offended party files a direct complaint with the court, the court may direct the prosecutor to conduct a preliminary investigation if circumstances warrant.
    • In private crimes, the prosecutor must verify the voluntariness of the offended party’s complaint.

  4. Ensuring Proper Venue

    • As a general rule, criminal actions are filed in the court of the territory where the offense was committed. Double-check that the complaint is filed with the proper venue to avoid dismissal on jurisdictional grounds.

  5. Representation by a Private Lawyer

    • The offended party may hire a private lawyer, who can be designated as a private prosecutor once given authority or deputation by the public prosecutor and the court’s consent.
    • The private prosecutor must always act under the direction and control of the public prosecutor.

VI. CONCLUSION

  • Public Prosecutors ordinarily take charge of prosecuting criminal cases on behalf of the State, under the direction and control of the prosecutorial service.
  • Private Prosecutors may participate or even take the lead in trial, but always subject to the public prosecutor’s supervision.
  • Offended Parties in private crimes (adultery, concubinage, seduction, abduction, acts of lasciviousness, and certain defamation cases) must themselves file a sworn complaint or expressly consent to prosecution before the State may take action, owing to the personal and delicate nature of these offenses.
  • Procedural rules surrounding private crimes exist to safeguard the privacy and honor of the offended individual. The offended party’s decision to file or withdraw a complaint is typically controlling.

Mastering these requirements, including the preparation and filing of proper complaints and motions, is vital for any litigator or law practitioner in criminal cases. Familiarity with these rules ensures that the rights of both the accused and the offended party are protected while maintaining the integrity of criminal proceedings in the Philippine justice system.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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