Criminal vs Administrative Case Proceedings in the Philippines

A comprehensive guide to their legal foundations, procedural flow, standards of proof, remedies, and practical intersections.

1. Conceptual Foundations

Aspect	Criminal Case	Administrative Case
Purpose	To vindicate a public wrong and punish acts defined in the Revised Penal Code (RPC) or special penal laws.	To maintain the integrity, efficiency, and discipline of the public service or regulated profession/industry.
Governing Sources	1987 Constitution (Art. III & Art. VIII), Rules of Criminal Procedure (Rules 110-127), RPC, special penal laws.	1987 Constitution (Art. IX-B & XI), Administrative Code of 1987 (E.O. 292), Civil Service Law (RA 2260 & RA 6656), Ombudsman Act (RA 6770), agency-specific charters & regulations.
Standard of Proof	Proof beyond reasonable doubt	Substantial evidence (that amount of relevant evidence a reasonable mind might accept as adequate).
Possible Sanctions	Imprisonment, fine, restitution, accessory penalties (e.g., perpetual absolute disqualification).	Dismissal, suspension, forfeiture of benefits, demotion, reprimand, fine, revocation of license, or cancellation of permit.
Liability Nature	Penal — personal liberty at stake.	Disciplinary/Quasi-judicial — affects employment, professional status, or administrative privileges.

2. Jurisdiction & Initiation

Criminal Cases

Investigation Stage
- Police/IACAT/other enforcement gather evidence and either conduct a regular preliminary investigation (PI) or an inquest (for warrantless arrests).
Prosecutorial Screening
- PI before the Office of the City/Provincial Prosecutor (DOJ) under Rule 112.
- Prosecutor issues Resolution & Information if probable cause is found.
Filing in Court
- Information is filed in the trial court with territorial jurisdiction (MTC/RTC/Sandiganbayan depending on penalty and public-office element).

Administrative Cases

Complaint or Audit/Fact-Finding referral lodged with:
- Disciplining authority (e.g., head of agency),
- Civil Service Commission (CSC) for rank-and-file,
- Ombudsman for public officers,
- Professional Regulation Commission (PRC) for licensees, etc.
Evaluation & Docketing
- The agency determines prima facie case.
Issuance of Formal Charge/Show-Cause Order with statement of acts complained of, rule violated, and directive to file an Answer.

3. Sequenced Proceedings

A. Criminal Procedure Flow (Rules 110-120, 122-127)

Step	Key Features & Deadlines
1. Arrest & Booking	Warrantless (Rule 113 §5) or by warrant (Rule 113 §1-4).
2. Inquest/PI	36-hour inquest window; PI within 10-15 days to submit counter-affidavit.
3. Filing of Information	Prosecutor’s finding of probable cause; court evaluates existence of probable cause before issuing a warrant (People v. Dorio, 2013).
4. Arraignment & Plea	Within 30 days of court’s acquisition of jurisdiction (Speedy Trial Act, RA 8493). Rights explained; bail resolved.
5. Pre-Trial	Marking of exhibits, stipulation of facts, plea-bargaining, referral to mediation.
6. Trial Proper	Prosecution evidence → Demurrer to evidence → Defense case → Rebuttal → Formal offer of evidence.
7. Judgment & Promulgation	Written decision stating facts & law; promulgated in open court (Rule 120 §6).
8. Post-Judgment Remedies	Motion for new trial/ reconsideration; appeal (Rule 122) to RTC/CA/SC; petition for review; habeas corpus; probation (if eligible).
9. Execution	Warrant of commitment; entry in jail/prison; satisfaction of civil liability.

B. Administrative Procedure Flow

Step	Key Features & Time Frames
1. Answer/Counter-Affidavit	3-10 days (agency rules vary) to refute charges and adduce evidence.
2. Pre-Hearing Conferences	Simplify issues, stipulate facts, set hearing dates.
3. Formal Investigation/Hearing	Quasi-judicial; technical rules of evidence not strictly applied but due-process minima observed (Ang Tibay v. CIR, 1940). Parties may cross-examine and present affidavits.
4. Submission of Position Papers or Memoranda	To crystallize factual and legal issues; often in lieu of oral arguments.
5. Decision	Must state findings of fact, law, and specific rule violated. CSC/Ombudsman must decide within 30/60/90 days depending on case gravity.
6. Motion for Reconsideration (MR)	Typically one MR allowed before appeal.
7. Appeal	To head of agency, Office of the President, or CSC; thereafter to Court of Appeals under Rule 43, finally to Supreme Court via Rule 45.
8. Execution of Decision	Immediate or after finality depending on agency rules; may include preventive suspension credit.

4. Standards of Evidence and Burdens

Stage	Criminal	Administrative
Investigation	Probable cause (“well-founded belief that a crime has been committed and respondent is probably guilty”).	Prima facie case (“sufficient cause to proceed”).
Trial/Hearing	Proof beyond reasonable doubt.	Substantial evidence.
Appeal	Judgment of conviction presumed correct; errors of law/fact reviewed.	Findings of fact by administrative agencies given great respect by courts if supported by substantial evidence (Ang Tibay doctrine).

5. Remedies & Collateral Consequences

Criminal
- Bail, petition for review under DOJ Circular 70, certiorari under Rule 65, demurrer.
- Conviction may carry civil indemnity (Art. 100 RPC) and administrative liability (People v. Go, 2010).
Administrative
- Preventive suspension (max 90 days for elective officials under RA 7160; six months for civil servants under EO 292).
- Decisions may be stayed by judicial injunction only upon showing of clear grave abuse (Ombudsman v. Sison, 2014).

6. Interplay, Double Jeopardy & Res Judicata

Independence of Actions – A single act may spawn criminal, civil, and administrative cases; success or dismissal in one does not automatically bar the others (Cañete v. Ombudsman, 2018).
Double Jeopardy applies solely to criminal prosecutions.
Res Judicata does not bar administrative action following criminal acquittal unless the dispositive portion clearly states that the act complained of did not exist.
Conviction often becomes conclusive evidence of misconduct, justifying dismissal (CSC v. Ledesma, 2016).

7. Statutes of Limitation

Type	Prescriptive Period
Crimes (RPC examples)	Light: 2 yrs; Less grave: 10 yrs; Grave: 20 yrs; Offenses punishable by arresto menor: 2 mos.
Administrative offenses (CSC)	3 years from discovery; none for dishonesty, grave misconduct, or acts punishable by dismissal.
Ombudsman actions	10 years from accrual for offenses involving public funds/ property (Sec. 11, RA 6770).

8. Special Fora

Sandiganbayan – Tries criminal (and concurrent administrative/civil) cases against high-ranking officials (Sec. 4, PD 1606).
Commission on Elections – Hears election offenses (Part II, OEC); administrative disciplinary power over poll personnel.
Professional Regulation Commission boards – Revoke professional licenses after administrative hearings.
Bangko Sentral ng Pilipinas, Insurance Commission, SEC, ERC – Industry-specific administrative tribunals with disciplining power.

9. Practical Tips for Litigants & Counsel

Sequence Strategically – Filing an administrative case first can secure preventive suspension and discovery, but beware of premature publicity prejudicing criminal prosecution.
Monitor Deadlines – Speedy-trial clock (RA 8493) and CSC/Ombudsman decision deadlines both bolster due-process defenses.
Parallel Remedies – A successful plea bargain in criminal court does not erase administrative liability; prepare defenses in both fora.
Evidence Handling – Certified true copies of criminal-court records are admissible in administrative hearings; the reverse requires compliance with the rules on secondary evidence.
Appeal Routes – Exhaust intramural administrative remedies before going to court; otherwise, petitions may be dismissed for prematurity.

10. Conclusion

While both criminal and administrative proceedings aim to enforce the rule of law, they differ sharply in object, standard of proof, procedure, and sanctions. Understanding the sequence—from investigation to appeal—empowers litigants to protect rights, optimize strategy, and ensure accountability in the Philippine legal system.