Criminal Procedure: Institution of Criminal Actions

Where should complaints be filed in Manila and other chartered cities?

What interrupts the running of the period of prescription of the offense charged?

When is a preliminary investigation not required to be held?

For what type of offenses is a preliminary investigation required pursuant to section 1 of Rule 112?

Where are complaints or information filed for all other offenses?

What is the minimum imposable penalty that requires a preliminary investigation to be held before filing the complaint or information?

Where can a criminal action be filed when the imposable penalty is less than 4 years, 2 months and 1 day?

Who are authorized to conduct preliminary investigations?

What happens to the running of the period of prescription when a criminal action is filed?

What is the general rule in determining the venue of a criminal case?

When can the Supreme Court order a change of venue?

Where can a criminal action be instituted and tried when an offense is committed on board a vessel?

Institution of Criminal Actions

Criminal actions can be instituted in two ways:
- For offenses requiring preliminary investigation, by filing a complaint with the proper officer
- For other offenses, by filing a complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor

Preliminary Investigation

Required for offenses with an imposable penalty of at least four years, two months, and one day, unless otherwise provided in special laws
Must be conducted before filing a complaint or information

Proper Officers

Authorized to conduct preliminary investigations:
- Provincial or City Prosecutors and their assistants
- Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
- National and Regional State Prosecutors
- Other officers authorized by law

Interruption of Prescription Period

Filing a criminal action interrupts the running of the period of prescription of the offense charged, unless otherwise provided in special laws

Venue

Refers to the geographical division where an action is brought to trial for criminal action or proceeding
Determined by where the crime was committed, unless otherwise provided

General Rule on Venue

A criminal case should be instituted and tried in the place where the offense was committed

Exceptions to the General Rule

The Supreme Court may order a change of venue or place of trial to avoid a miscarriage of justice
When the law provides otherwise (e.g. libel, violation of election law)
Cases under the Rules of Court, Rule 110, Sections (b), (c), and (d)
Offenses committed in a train, aircraft, or public/private vehicle in transit
Offenses committed on board a vessel in transit
Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code

Learn about the procedures for instituting criminal actions, including filing complaints and conducting preliminary investigations. Understand the differences between offenses that require preliminary investigations and those that do not.