Private Prosecution Legal Framework

The time limit for a crime to be prosecuted. After this period, the accused cannot be charged.

A period of 20 years applies to crimes punishable by death, reclusion perpetua, or reclusion temporal, the most severe penalties.

The prescription period for offenses under special laws, where imprisonment is for more than 6 years, is 12 years.

The prescription period starts from the day the crime is discovered by the victim, authorities, or their agents.

Filing a complaint with a court interrupts the prescription period. However, if the case is dismissed, the period resumes, unless the accused is outside the Philippines.

When a complaint is filed with the barangay under the Katarungang Pambarangay Law, the prescription period is interrupted while the case is in mediation, conciliation, or arbitration.

A formal statement by the investigating prosecutor outlining the charges against the respondent and the evidence supporting them.

The process by which the investigating prosecutor analyzes evidence and determines whether there is sufficient reason to proceed with a criminal case against the respondent.

The investigating officer must determine if enough evidence exists to hold the respondent for trial. This decision is made within 10 days after the investigation concludes.

A formal written statement by the respondent challenging the allegations in the complaint and presenting their own version of events.

The act of questioning someone under oath to gather information about a case.

A meeting held during the preliminary investigation where the parties involved can attend and present their perspectives.

Individuals who have witnessed an event related to the case and can provide evidence.

A written statement by the complainant detailing the alleged crime and the evidence supporting their claim.

Every person who commits a felony is automatically held responsible for both criminal and civil liability.

Civil action for recovering civil liability arising from a crime is automatically initiated when the criminal action is filed.

The offended party can choose to waive the right to pursue the civil action, effectively giving up their right to compensation.

The offended party can explicitly reserve the right to file a separate civil action after the criminal case is finished. This needs to be done before the prosecution presents evidence.

If the offended party files a civil action before the criminal action, the civil case will be put on hold until the criminal case is finished.

A private prosecutor can step in to prosecute a case if the public prosecutor is too busy or unavailable. This happens when there is a shortage of public prosecutors or when the public prosecutor has a heavy workload.

The offended party can request their civil action to be merged with the criminal case, so they are handled together in the same court.

The Chief of the Prosecution Office or the Regional State Prosecutor can authorize a private prosecutor. However, the court must also approve the appointment.

The trial proceedings for both the civil and criminal actions will follow the rules outlined in Section 2 regarding consolidated actions.

The offended party must show that they have grounds to file a lawsuit before the judge will consolidate the actions.

The private prosecutor can continue the case until its conclusion, even if the public prosecutor is absent. However, the authorization can be revoked or withdrawn by the relevant authorities or the court.

Adultery, concubinage, seduction, abduction, acts of lasciviousness, and defamation involving accusations of these offenses cannot be prosecuted on their own by the government. These crimes require complaints by the offended party.

In cases of adultery and concubinage, only the offended spouse can file a complaint. Both the guilty parties must be included in the complaint.

The offended spouse in cases of adultery or concubinage cannot forgive or pardon the offenders. They must pursue prosecution.

Private prosecutors must be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor, with the approval of the court.

The private prosecutor can prosecute the case to its conclusion, even if a public prosecutor is not present, unless the authority is revoked or otherwise withdrawn.

The Secretary of Justice can review a prosecutor's resolution on a case and decide to file charges, dismiss the case, or order the prosecutor to conduct a new investigation.

A judge must review a prosecutor's resolution and supporting evidence within 10 days to determine if there's probable cause to issue a warrant of arrest.

If the judge is unsure about probable cause, they can ask the prosecutor for more evidence within 5 days and make a decision within 30 days.

When a complaint is filed and the accused is already in detention, a warrant is not needed. The court can proceed directly with the case.

Cases under specific laws, like the Katarungang Pambarangay Law, can interrupt the prescription period when the case is in the mediation process.

If a judge dismisses a case due to lack of evidence, the prescription period can resume, unless the accused is outside the Philippines.

When someone is caught committing a crime without a warrant, they can be arrested lawfully. The court can then proceed with the case.

The prescription period starts from the day the crime is discovered by the victim, authorities, or their agents.

An official order issued by a judge to take a person into custody, based on probable cause of a crime.

The process of examining evidence to determine if there's a strong enough reason to believe a crime was committed by a specific person.

A sworn statement providing evidence supporting the claims in a complaint.

The taking of a person into custody, either by physical restraint or voluntary submission to the authorities.

The duty of the individual or agency who executes a warrant to bring the accused to a police station or jail promptly.

When a judge, after reviewing evidence, concludes that there is not sufficient basis to believe the accused committed a crime, the case is dismissed.

An order requiring the accused to appear in court, instead of being detained immediately.