Criminal actions

Criminal actions | Classification of Actions | CIVIL PROCEDURE

Below is a comprehensive discussion on Criminal Actions under Philippine law, presented in a structured, meticulous manner. While “Criminal Actions” are governed primarily by the Revised Rules of Criminal Procedure (Rules 110-127) and not by the Rules on Civil Procedure per se, they are still part of the overarching framework of Remedial Law. This exposition covers the foundational concepts, procedural rules, jurisdictional aspects, interplay with civil actions, and key ethical considerations. Citations and references to relevant provisions and jurisprudence are included for clarity.

I. GENERAL CONCEPTS

  1. Definition
    A criminal action is one instituted for the prosecution of an offense—an act or omission punishable by law. In Philippine practice, a criminal action is always entitled in the name of the “People of the Philippines” (e.g., People of the Philippines v. Juan dela Cruz), reflecting that the State has the primary interest in prosecuting crimes.

  2. Nature and Purpose

    • Public Interest: Criminal actions protect public interest by punishing wrongdoers and deterring future crimes.
    • State’s Power: They are an exercise of the State’s police power. The prosecutorial arm (the Office of the City/Provincial Prosecutor, or Ombudsman for certain offenses) has the authority and duty to investigate and prosecute criminal acts.
    • Vindication of Rights: Though the immediate victim of the crime is a private individual, the offense is deemed committed against society as a whole.

  3. Sources of Law

    • 1987 Constitution: Especially provisions on due process, rights of the accused, speedy disposition of cases, and protection against double jeopardy.
    • Revised Rules of Criminal Procedure (Rules 110-127): The main procedural guide for instituting, trying, and deciding criminal cases.
    • Revised Penal Code (Act No. 3815, as amended) & Special Penal Laws: Define offenses and prescribe penalties.
    • Jurisprudence: Decisions by the Supreme Court clarify ambiguities and lay down controlling interpretations.

II. DISTINCTION FROM CIVIL ACTIONS

  1. Parties

    • Criminal Action: The plaintiff or complainant is the People of the Philippines, represented by a public prosecutor (or private prosecutor authorized to assist).
    • Civil Action: The plaintiff is a private person, juridical entity, or sometimes the State (in a purely civil suit such as an action for collection of sum of money), asserting a private right or claim.

  2. Purpose

    • Criminal Action: Punitive—aims to impose penalties (imprisonment, fines, etc.).
    • Civil Action: Remedial—aims to enforce a right or obtain compensation/damages.

  3. Burden of Proof

    • Criminal Action: Proof beyond reasonable doubt.
    • Civil Action: Preponderance of evidence (or substantial evidence in quasi-judicial proceedings).

  4. Effect of Judgment

    • Criminal Case: A conviction establishes the criminal liability of the accused (and by operation of law, civil liability unless waived or otherwise extinguished). An acquittal generally absolves the accused from civil liability arising from the crime unless the court finds fault on a lower standard of evidence for the civil aspect.
    • Civil Case: A favorable judgment grants relief in the form of damages, injunction, specific performance, etc.

III. COMMENCEMENT (INSTITUTION) OF CRIMINAL ACTIONS

A. Modes of Institution

  1. By Complaint

    • Definition: A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
    • Filing:
      • In cases requiring preliminary investigation, the complaint is filed directly with the office of the prosecutor (or the Ombudsman for certain offenses).
      • For offenses punishable by less than four (4) years, two (2) months, and one (1) day, the complaint can be filed directly with the Municipal Trial Court (MTC) or Municipal Trial Court in Cities (MTCC), subject to the rules on summary procedure or direct filing.

  2. By Information

    • Definition: An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
    • Purpose: This is the primary charging document used for trial after a finding of probable cause by the investigating prosecutor or upon direct filing when so permitted by law.

B. Requirement of Probable Cause

  1. Preliminary Investigation

    • Conducted by a public prosecutor (or the Ombudsman/Sandiganbayan for certain public officials).
    • The investigating prosecutor must determine whether there is probable cause to hold the respondent for trial (i.e., whether there is sufficient ground to engender a well-founded belief that a crime was committed and that the respondent is likely guilty thereof).
    • If probable cause is found, the information is prepared and filed in court.

  2. Inquest Proceedings

    • A summary inquiry conducted by the prosecutor for persons lawfully arrested without a warrant, generally for crimes caught in flagrante delicto or in hot pursuit.
    • Determines whether the detention is legal and if the suspect should be charged in court immediately.

C. When Deemed Instituted

Under the Rules of Court, when a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense is, as a general rule, deemed simultaneously instituted, unless:

  1. The injured party waives the civil action;
  2. The injured party reserves the right to file it separately; or
  3. The injured party instituted the civil action prior to the criminal action.

IV. JURISDICTION

  1. Jurisdiction Over the Subject Matter

    • Determined by law based on the penalty prescribed and the nature of the offense.
    • Regional Trial Courts (RTC) typically have jurisdiction over crimes punishable by imprisonment exceeding six (6) years.
    • Municipal Trial Courts (MTC/MTCC) have jurisdiction over offenses punishable by imprisonment not exceeding six (6) years (subject to certain exceptions).
    • Sandiganbayan has jurisdiction over offenses committed by public officers and employees in relation to their office, as specified in pertinent laws (e.g., R.A. 10660, P.D. 1606, as amended).

  2. Territorial Jurisdiction (Venue)

    • A criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed (or where any one of the essential ingredients of the crime took place).
    • Exceptions: Certain laws allow for different venues (e.g., cybercrimes, continuous or transitory offenses).

  3. Jurisdiction Over the Person of the Accused

    • Acquired upon voluntary surrender or arrest of the accused, or when the accused files a pleading seeking affirmative relief.
    • Once the accused appears or is lawfully brought before the court, personal jurisdiction is vested.

V. PROSECUTION OF CRIMINAL ACTIONS

  1. Control of Prosecution by the Prosecutor

    • Criminal actions shall be prosecuted under the direction and control of the public prosecutor.
    • The prosecutor has the discretion to determine what charge(s) to file, whether to enter into a plea bargaining arrangement, and whether to withdraw the charges (subject to court approval).

  2. Role of Private Prosecutor

    • The offended party may engage a private prosecutor who may assist the public prosecutor upon authority of the court.
    • In cases where the public prosecutor is absent or cannot represent the People, the private prosecutor may prosecute provided s/he is authorized in writing by the prosecutor, and the approval of the court is obtained.

  3. Arraignment and Plea

    • Once the Information is filed and the accused is in court, the accused is arraigned. The charge is read in open court, and the accused enters a plea (guilty, not guilty, or with leave, a plea of guilty to a lesser offense if allowed).
    • Arraignment must be conducted in a language or dialect comprehensible to the accused, ensuring due process.

  4. Trial

    • The prosecution presents evidence first (the burden of proof is on the State).
    • The accused may present controverting evidence.
    • Trial must adhere to constitutional guarantees (speedy, impartial, and public trial).

  5. Judgment

    • The court, after evaluating evidence, either acquits (if guilt not proven beyond reasonable doubt) or convicts (if guilt is proven beyond reasonable doubt).
    • A judgment of conviction states the penalty and the civil liabilities (if applicable).

VI. CIVIL LIABILITY IN CRIMINAL ACTIONS

  1. Implied Institution of Civil Action

    • As a rule, every person criminally liable is also civilly liable (Article 100, Revised Penal Code).
    • The civil aspect (for restitution, reparation, or indemnification) is impliedly included in the criminal action, unless validly waived or reserved.
    • If the accused is acquitted based on reasonable doubt, the court may still order indemnity on the basis of the accused’s civil liability if the act or omission is proven by a preponderance of evidence.

  2. Separate Civil Action

    • The offended party may reserve the right to file a separate civil action for damages (e.g., defamation suits, malicious prosecution, or quasi-delict arising from the same act).
    • Such reservation must be made before the prosecution presents its evidence and under conditions set by the Rules.

VII. DISMISSAL, PROVISIONAL DISMISSAL & DOUBLE JEOPARDY

  1. Provisional Dismissal (Rule 117)

    • A criminal case may be provisionally dismissed upon the express consent of the accused and the prosecutor, with court approval.
    • The case may be revived within the periods stated by the Rules (generally if the offense has a penalty of imprisonment of more than 6 years, revival must be within two (2) years from provisional dismissal; if 6 years or less, within one (1) year).

  2. Double Jeopardy (Constitutional Guarantee)

    • Once an accused is acquitted, convicted, or the case dismissed or terminated without the accused’s express consent by a court of competent jurisdiction, the accused cannot again be prosecuted for the same offense or any attempt or frustration thereof, or any offense necessarily included in the offense charged.

VIII. SPECIAL CRIMINAL PROCEDURES

  1. Summary Procedure

    • Certain minor offenses (like those punishable by imprisonment not exceeding 6 months or a fine not more than Php 1,000) fall under summary procedure rules.
    • No preliminary investigation; trial is expedited with simplified rules.

  2. Plea-Bargaining

    • Allowed subject to the consent of the prosecutor and the offended party (where required by law), and the approval of the court.
    • Typically used to plead guilty to a lesser offense for a lighter penalty.

  3. Probation

    • After a conviction that does not exceed 6 years’ imprisonment, the accused may apply for probation in lieu of service of the sentence.
    • The application for probation must be made within the period to appeal. Filing an appeal disqualifies the accused from availing of probation.

  4. Special Laws and Courts

    • Certain offenses under special laws (e.g., Dangerous Drugs Act, Cybercrime Prevention Act, Anti-Graft and Corrupt Practices Act) have special rules or designated courts.
    • The rules on criminal procedure generally apply, except as modified by special procedural rules.

IX. ETHICAL CONSIDERATIONS FOR LAWYERS AND PROSECUTORS

  1. Duty of the Prosecutor

    • To prosecute with fairness and objectivity, ensuring that justice is done, not merely to secure convictions.
    • Must not suppress material evidence favorable to the accused (Brady doctrine in other jurisdictions, but also recognized in Philippine jurisprudence).

  2. Duty of Defense Counsel

    • To zealously represent the accused within the bounds of law, ensuring protection of constitutional rights (including the right to due process, speedy trial, and effective assistance of counsel).
    • Must maintain confidentiality, avoid conflicts of interest, and uphold candor with the court.

  3. Duty of Private Prosecutor

    • To assist the public prosecutor without obstructing the ends of justice.
    • Must not turn prosecution into a tool for harassment. Professionalism and fairness remain paramount.

  4. Observance of the Code of Professional Responsibility

    • Canon 1: Uphold the Constitution, obey the laws, and promote respect for legal processes.
    • Canon 8: Lawyers must conduct themselves with courtesy, fairness, and candor.
    • Canon 10: A lawyer shall not do any falsehood, nor consent to the doing of any in court; must avoid misleading the court.

  5. Avoidance of Forum Shopping and Multiple Suits

    • Lawyers must ensure that actions are filed appropriately and that the civil aspect is properly addressed, avoiding multiplicity of suits or undue vexation of parties.

X. KEY LEGAL FORMS

  1. Complaint

    • Must clearly state the personal circumstances of the complainant, details of the accused (if known), specific designation of the offense, and the relevant acts or omissions constituting the offense.

  2. Information

    • Prepared by the public prosecutor if probable cause is established. States the offense charged and the acts/omissions constituting the offense in ordinary and concise language.

  3. Affidavits & Counter-Affidavits

    • Used in preliminary investigation or inquest proceedings. Must be verified under oath, stating facts within personal knowledge of the affiant.

  4. Judicial Affidavits

    • In line with the Judicial Affidavit Rule, which aims to expedite litigation, these affidavits replace direct testimony under certain circumstances.

  5. Motion to Quash

    • A motion filed by the accused to challenge the information on grounds such as lack of jurisdiction, duplicity of offenses, prescription, etc.

  6. Pleadings and Motions

    • Motions for bail, motion for reconsideration of resolution of the prosecutor, etc.

  7. Entry of Appearance

    • Form by which a private prosecutor or defense counsel formally appears in the case.

  8. Formal Offer of Evidence

    • Required step after presenting evidence to ensure the admission of exhibits into the record.

XI. RECENT DEVELOPMENTS & JURISPRUDENTIAL TRENDS

  1. Emphasis on Speedy Trial

    • Courts and prosecutors are increasingly reminded to observe the Speedy Trial Act (R.A. 8493) and the constitutional right to speedy disposition of cases (Article III, Sec. 14, 1987 Constitution). Unjustified delays can lead to dismissals.

  2. Use of Technological Tools

    • The Supreme Court has issued various administrative circulars allowing videoconferencing for remote testimonies in certain circumstances (especially during the COVID-19 pandemic), streamlining criminal proceedings.

  3. Continuous Trial System

    • The Supreme Court’s circular on the Continuous Trial System aims to expedite the resolution of criminal cases by setting strict timelines for each stage (arraignment, pre-trial, trial, judgment).

  4. Heightened Protection of Accused’s Rights

    • Recent jurisprudence underscores strict compliance with constitutional safeguards, e.g., the Miranda rights upon arrest, the mandatory presence of counsel during custodial investigation, and the presumption of innocence.

XII. CONCLUSION

Criminal actions in the Philippines are a cornerstone of the State’s responsibility to protect public order and punish wrongdoers. They involve a highly structured process from complaint or information filing, through preliminary investigation, arraignment, trial, and judgment, all underpinned by constitutional and procedural safeguards. Lawyers—whether public prosecutors, private prosecutors, or defense counsel—must adhere to strict ethical standards, ensuring both the accused’s rights and the ends of justice are served.

A firm grasp of the Rules of Criminal Procedure, relevant penal statutes, and jurisprudence is indispensable for any legal practitioner handling criminal cases. Proper drafting of legal forms, observance of ethical obligations, and strategic yet conscientious advocacy underlie effective prosecution or defense in criminal actions. Ultimately, the objective is to balance the State’s interest in prosecution with the imperative of safeguarding individual liberties and upholding fair trial standards—true hallmarks of a functioning democratic legal system.

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

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