Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

Sec 2

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

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

The offended party is the person against whom or against whose property the crime was committed.[3]

Sec 5

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 he has examined the complainant and his witnesses; there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; the accused was informed of the complaint and of the evidence submitted against him; and the accused was given an opportunity to submit controverting evidence.[4]

Sec 6

A complaint or information shall be considered sufficient if it states the name of the accused; the designation of the offense committed; the act or omission complained of; the name of the offended party; the approximate time of the commission of the offense; and 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: every essential element of the offense; the criminal intent of the accused and its relation to the act or omission complained of; all qualifying and generic aggravating circumstances which are integral pans of the offense; 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; age of the minor accused, and whenever applicable, the fact that he acted with discernment; and age of the minor complainant, when age is material.

Sec 8

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

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

To properly inform the accused of the nature and cause of the accusation against him, the complaint or information shall state, whenever possible, the designation given to the offense by the statute; the statement of the act or omission constituting the same, and if there is no such designation, reference shall be made to the section or subsection of the law punishing it.[6]

Sec 11

The act or omission complained of as constituting the offense shall be stated in an ordinary and concise language without repetition. The statement need not use the terms of the statute defining the offense so long as a person of common understanding is able to know what offense was intended to be charged and to enable the court to pronounce proper judgment.[7]

Sec 12

The complaint or information is sufficient if it states that the crime charged was committed or some of the ingredients thereof occurred at some place within the jurisdiction of the court, unless the particular place in which the crime was committed is an essential element of the crime e.g. in a prosecution for violation of the provision of the Election Code which punishes the carrying of a deadly weapon in a polling place, or if it is necessary to identify the offense charged e.g., the domicile in the offense of "violation of domicile." [8]

Sec 13

The precise time of the commission of the offense shall be stated in the complaint or information if time is a material ingredient of the offense e.g. ,treason, infanticide. Otherwise, it is sufficient that it be alleged that the offense was committed at any time as near to the actual date at which the offense was committed.[9]

Sec 14

The title of the complaint or information shall be in the name of the "People of the Philippines" as Plaintiff against all persons who appear to be responsible for the offense involved.[10]

Sec 15

The caption of an information shall, in addition to the name of the Plaintiff, indicate the following: the complete names i.e., given name, maternal name, surname, and addresses, of all the accused. In the case of accused minors, their age shall be indicated in the caption; the case number; and the offense charged. The denomination of the offense and the specific law and provision violated shall be specified.

Sec 16

The information shall contain the complete names and addresses of all identified witnesses for the prosecution. In cases for violation of B. P. Blg. 22 and estafa cases, the list of witnesses shall include the complainant, the bank representative with specific reference to the check and account numbers involved and in the proper cases, the company auditor; and in physical injuries cases, the attending physician with specific reference to the medical report and date of the incident.

Sec 17

A complaint or information shall charge only one offense so as not to confuse the accused in his defense, except in those cases in which existing laws prescribe a single punishment for various offenses, e.g., complex crimes under Article 48 of the Revised Penal Code.[11]

Sec 18

An information or complaint may be amended before the accused pleads, after the accused has pleaded, and during the trial. Before plea, amendment of the information or complaint, in substance or form, is a matter of right. After plea and during trial, amendment may be made only with leave of court and only as to matters of form wherein the same can be done without prejudice to the rights of the accused. At any time before judgment, if there has been a mistake in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with Rule 119, Section 11,[12] provided the accused would not be placed thereby in double jeopardy. The court may also require the witnesses to give bail for their appearance at the trial. [13]

Sec 19

A mistake in form refers to clerical errors, matters which are not essential to the charge, and those which will not mislead or prejudice the accused as when a defense under the original information can be used after the amendment is made and any evidence that the accused may have would be equally applicable to the one form as in the other. A mistake in substance is any omission or misstatement which prevents an information from showing on its face that an offense has been committed, or from showing what offense is intended to be charged.[14]

Sec 20

For an offense penalized under the Revised Penal Code, the period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted: by the filing of the complaint with the Office of the City/Provincial Prosecutor;[15] or wit the Office of the Ombudsman;[16] or by the filing of the complaint or information with the court even if it is merely for purposes of preliminary examination or investigation, or even if the court where the complaint or information is filed cannot try the case on its merits.[17] However, for an offense covered by the Rules on Summary Procedure, the period of prescription is interrupted only by the filing of the complaint or information in court.[18] The prescription of an offense filed before the Prosecutor or Ombudsman shall commence to run again when such proceedings terminate; while the prescription of an offense filed in court starts to run again when the proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.[19] For violation of a special law or ordinance, the period of prescription shall commence to run from the day of the commission of the violation, and if the same is not known at the time, from the discovery and the institution of judicial proceedings for its investigation and punishment. The prescription shall be interrupted only by the filing of the complaint or information in court and shall begin to run again if the proceedings are dismissed for reasons not constituting double jeopardy.[20] For cases falling within the jurisdiction of the Katarungang Pambarangay, the period of prescription is likewise interrupted by the filing of the complaint with the punong barangay; but shall resume to run again upon receipt by the complainant of the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary; Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.[21] Prescription shall not run when the offender is absent from the country.[22] In cases where the imposable penalty is imprisonment and/or a fine, the greater penalty shall be the basis for the computation of prescription.