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Questions and Answers
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?
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Where are complaints or information filed for all other offenses?
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What is the minimum imposable penalty that requires a preliminary investigation to be held before filing the complaint or information?
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Where can a criminal action be filed when the imposable penalty is less than 4 years, 2 months and 1 day?
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Who are authorized to conduct preliminary investigations?
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What happens to the running of the period of prescription when a criminal action is filed?
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What is the general rule in determining the venue of a criminal case?
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When can the Supreme Court order a change of venue?
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Where can a criminal action be instituted and tried when an offense is committed on board a vessel?
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Study Notes
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
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Description
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.
