Private Prosecution Legal Framework
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What must occur for a private prosecutor to be authorized to prosecute a case?

  • The decision is made solely by the public prosecutor.
  • The private prosecutor must file a complaint with local law enforcement.
  • Authorization must be given by the Chief of the Prosecution Office and approved by the court. (correct)
  • The private prosecutor can act independently without any authorization.

    • In which scenario can a private prosecutor continue to prosecute a case even in the absence of a public prosecutor?

  • Once authorized, unless the authority is revoked or withdrawn. (correct)
  • When the trial is scheduled for a later date.
  • When the case has been filed by a third party.
  • If the public prosecutor is unassigned to this specific case.

    • Which of the following crimes cannot be prosecuted de oficio?

  • Theft
  • Concubinage (correct)
  • Homicide
  • Robbery

    • Who has the legal capacity to file a complaint for the prosecution of adultery?

    <p>Only the offended spouse who has not given consent for pardon.</p> Signup and view all the answers

    What is a stipulation about the status of the guilty parties in a complaint for adultery or concubinage?

    <p>Both guilty parties must be included in the complaint.</p> Signup and view all the answers

    What can lead to the revocation of a private prosecutor's authority?

    <p>The appropriate authorities or the court.</p> Signup and view all the answers

    What is essential for a crime like adultery to be prosecuted?

    <p>The offended spouse must file the complaint without consent to pardon.</p> Signup and view all the answers

    What distinguishes private crimes such as seduction from public crimes?

    <p>They require the offended party to actively file a complaint.</p> Signup and view all the answers

    What is the general rule regarding civil and criminal liability?

    <p>Every person criminally liable for a felony is also civilly liable.</p> Signup and view all the answers

    When is a civil action deemed instituted in relation to a criminal action?

    <p>Upon the initiation of the criminal action.</p> Signup and view all the answers

    What must occur for the offended party to reserve the right to institute a separate civil action?

    <p>The reservation must be made before the prosecution presents evidence.</p> Signup and view all the answers

    What happens to a civil action if it is instituted prior to a criminal action?

    <p>The civil action will be suspended until the criminal action's judgment.</p> Signup and view all the answers

    What does 'waiver' refer to in the context of civil action?

    <p>Voluntary relinquishment of an existing legal right.</p> Signup and view all the answers

    When can the civil action be consolidated with the criminal action?

    <p>Before judgment on the merits of either action.</p> Signup and view all the answers

    What circumstances must be present for the offended party to effectively reserve the right to institute a civil action separately?

    <p>There must be reasonable opportunity to make a reservation before evidence presentation.</p> Signup and view all the answers

    What effect does the commencement of a criminal action have on a previously initiated civil action?

    <p>The civil action is suspended until the criminal case is resolved.</p> Signup and view all the answers

    What is the maximum time frame within which the hearing must be terminated?

    <p>Five (5) days</p> Signup and view all the answers

    What must the investigating officer certify in the information prepared if there is cause to hold the respondent for trial?

    <p>That he has personally examined the complainant and witnesses</p> Signup and view all the answers

    How long does the investigating officer have to determine if there is sufficient ground to hold the respondent for trial after the investigation?

    <p>Within ten (10) days</p> Signup and view all the answers

    What happens if the investigating prosecutor recommends dismissal but this is disapproved due to probable cause?

    <p>The provincial or city prosecutor can file the information without further investigation.</p> Signup and view all the answers

    Who must give prior written authority for a complaint or information to be filed or dismissed by an investigating prosecutor?

    <p>The provincial or city prosecutor, or the Ombudsman</p> Signup and view all the answers

    What opportunity must be given to the accused regarding the evidence submitted against him?

    <p>To submit controverting evidence</p> Signup and view all the answers

    What must the investigating prosecutor do within five days of their resolution?

    <p>Forward the record of the case to the appropriate authority</p> Signup and view all the answers

    Which of the following is NOT a requirement for holding the respondent for trial according to the investigating prosecutor's resolution?

    <p>The prosecutor must have called expert witnesses</p> Signup and view all the answers

    What is the consequence of not filing a case within the legally specified period?

    <p>The person loses the legal right to pursue the matter.</p> Signup and view all the answers

    For which type of crime is the prescription period set at 1 year?

    <p>Crime of libel or other similar crimes</p> Signup and view all the answers

    What happens to the prescription period if a complaint is filed?

    <p>It is interrupted.</p> Signup and view all the answers

    What is the start date for the computation of the prescription period?

    <p>The day the crime is discovered.</p> Signup and view all the answers

    If a case is dismissed, how does that affect the prescription period?

    <p>The prescription resumes from the point it was interrupted.</p> Signup and view all the answers

    What effect does the Katarungang Pambarangay Law have on the prescription period?

    <p>It interrupts the prescription while the case is under mediation.</p> Signup and view all the answers

    For what imprisonment duration is the prescription period set at 8 years?

    <p>For imprisonment of two years or more, but less than six years.</p> Signup and view all the answers

    What is the prescription period for the crime of oral defamation?

    <p>6 months</p> Signup and view all the answers

    What action may the Secretary of Justice take regarding a resolution from a provincial or city prosecutor?

    <p>Reverse or modify the resolution of the prosecutor</p> Signup and view all the answers

    What is the maximum timeframe for a judge to evaluate the resolution and evidence after a complaint is filed?

    <p>Ten (10) days</p> Signup and view all the answers

    Under what circumstances is a warrant of arrest not necessary?

    <p>The accused is under a different warrant from a municipal trial court</p> Signup and view all the answers

    What action may the judge take if there is doubt regarding probable cause?

    <p>Request additional evidence from the prosecutor</p> Signup and view all the answers

    Which court is responsible for conducting preliminary investigations for cases under its original jurisdiction?

    <p>Metropolitan Trial Court</p> Signup and view all the answers

    What must happen if the judge finds probable cause?

    <p>The judge shall issue a warrant of arrest</p> Signup and view all the answers

    Who is responsible for filing the corresponding information if the Secretary of Justice intervenes?

    <p>Prosecutor concerned under direction of the Secretary</p> Signup and view all the answers

    What is required of the judge if the evidence clearly fails to establish probable cause?

    <p>Immediately dismiss the case</p> Signup and view all the answers

    What is the time frame for a prosecutor to act on a complaint after it has been filed?

    <p>Ten days</p> Signup and view all the answers

    What must a judge do if he finds no probable cause within ten days after the complaint is filed?

    <p>Dismiss the case</p> Signup and view all the answers

    What procedure should be observed if the complaint is filed with the Municipal Trial Court?

    <p>Follow section 3(a) of the related rule</p> Signup and view all the answers

    According to the definition of arrest, what characteristic does it not encompass?

    <p>Using violence to effect the arrest</p> Signup and view all the answers

    What is an arresting officer required to do after arresting an individual?

    <p>Deliver the individual to a police station without unnecessary delay</p> Signup and view all the answers

    What happens if a judge finds probable cause after evaluating evidence?

    <p>The judge shall issue a warrant of arrest or a commitment order</p> Signup and view all the answers

    What is the role of the head of the office concerning a warrant of arrest?

    <p>To execute the warrant within ten days from its receipt</p> Signup and view all the answers

    Which of the following is NOT permitted while making an arrest?

    <p>Using unnecessary force</p> Signup and view all the answers

    Study Notes

    Criminal Procedure - Rule 110

    • Criminal actions are instituted by filing a complaint or information.
    • For offenses requiring a preliminary investigation, the complaint is filed with the proper officer for investigation.
    • For other offenses, the complaint is filed with the Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC), or the Office of the Prosecutor (in Manila and other chartered cities).
    • Criminal action interrupts prescription periods unless otherwise stated in special or specific laws.
    • Criminal proceeding is a process to determine guilt or innocence or to determine punishment for a convicted person.
    • Criminal actions are instituted by filing a complaint for offenses requiring a preliminary investigation and a complaint or information for other offenses.
    • Offenses with prescribed penalties of at least four (4) years, two (2) months, and one (1) day (without considering fines) require a preliminary investigation.
    • Offenses with lesser penalties do not require a preliminary investigation.

    Criminal Procedure - Rule 110 (cont.)

    • Complaints can be filed by offended parties, peace officers, or legal representatives (e.g., guardians, parents for minors).
    • Complaints should state essential facts of the offense, and include evidence like witness affidavits.
    • For certain crimes (e.g., adultery, concubinage), complaints must be filed personally by the offended party.
    • Proper filing procedures and venues are crucial for effective prosecution, affecting prescriptive periods (time limits for prosecution).
    • The preliminary investigation determines probable cause for a criminal charge to proceed in court. This is an examination of evidence to see if there is reason to believe a crime has been committed.
    • Preliminary investigations are required for offenses punishable by four years, two months, and one day or more in prison.
    • If a suspect is arrested without a warrant, a complaint for inquest proceedings must be filed immediately.
    • Complaints must be in writing and filed in the name of the people of the Philippines (nation's name in legal documents).

    Criminal Procedure - Rule 110 (cont.)

    • The complaint must include the name of the accused, the offense, actions/omissions, approximate date, and location of the crime.
    • If more than one person committed the crime, all must be included in the complaint or information.
    • Complaints or information filed by unauthorized parties do not interrupt the prescription period
    • Laws vary according to the local charters.
    • Filing a complaint interrupts the prescription period for both Revised Penal Code and special laws (Republic Acts, etc.).
    • For ordinance violations, only filing the information in court interrupts the prescription period.
    • The process by which a legal claim or right becomes invalid or extinguished after the passage of time is called prescription.
    • Filing criminal charges interrupts the running of the prescriptive period for offenses, interrupting the time limit within which a person can be charged with a crime.
    • Preliminary investigation begins when proceedings for investigation start.

    Criminal Procedure - Rule 110 (cont.)

    • Special laws govern some offenses.
    • In Manila and other chartered cities, complaints are typically filed with the Office of the Prosecutor, unless their ordinances dictate otherwise.
    • The offended party has the right to intervene in the prosecution of the offense when civil actions (related to recovery of civil liability) are instituted in a corresponding criminal action.
    • The offended party can waive their right to intervene separately in a civil matter if they prefer to do so.
    • The death of and accused during criminal proceedings ends the person's criminal liability.
    • The civil case proceeds against the estate or legal representative.
    • In cases where the offended party is a minor, legal representatives (e.g., parents) take over the right to prosecute.

    Criminal Procedure - Rule 110 (cont.)

    • Only one offense can be charged in one complaint (with exceptions).
    • Complaints must include which law addresses the particular offense along with the actions/omissions that constitute the offense.
    • If there is a necessary mention of place, it must be properly included in the filing.
    • Complaints should state the date and place of the crime.
    • When multiple offenders are involved, all are listed in the complaint.
    • The name(s) of the offended party(ies) must be stated.
    • The proper prosecution body is responsible for filing information/complaints (e.g., the prosecuting attorney's office).
    • Filing the complaint in the wrong venue does not effect the prosecution process.

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    Related Documents

    RULE 110-113 Notes - Criminal Actions PDF

    Description

    This quiz explores the legal intricacies of private prosecution. It covers important aspects such as the qualifications needed for private prosecutors and scenarios involving crimes that can be prosecuted privately. Additionally, it delves into the interplay between civil and criminal actions.

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