Commission of Crime: Criminal action is one by which the State prosecutes a person for an

act or omission punishable by law.The criminal litigation process presupposes the prior
commission of crime or at least the perception that crime has been committed. This is because
there is no criminal action unless a crime is believed to have been committed. When a crime is
committed, there is an offender and, generally, there is a victim. However, a crime may also be
committed by mere possession of goods or things prohibited by law.
Filing of Complaint: RULE 110 Section 1. Institution of criminal actions. — Criminal actions
shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor
unless otherwise provided in their charters.
In Manila and other chartered cities, a special rule prevails. In this places, the rule is that
The institution of the criminal action shall interrupt the running period of prescription of the
offense charged unless otherwise provided in special laws. (1a)
Section 2. The Complaint or information. — The complaint or information shall be in writing,
in the name of the People of the Philippines and against all persons who appear to be responsible
for the offense involved. (2a)
Section 3. Complaint defined. — A complaint is a sworn written statement charging a person
with an offense, subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. (3)
As a rule, there is no direct filing of an information or complaint with the regional trial court
because its jurisdiction covers offenses which requires preliminary investigation. However there
is and exception under the Rule 112 Sec.6 last sentence of the first paragraph.

Warrantless Arrest: RULE 113. Sec. 5 A peace officer or a private person may, without a
warrant, arrest a person: (a) when, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense;
(b) when an offense has just been committed,
and he has probable cause to believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed
it; and
(b) when an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) when the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final judgment or is temporarily confined while
his case is pending, or has escaped while being
(c) when the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant
shall be forthwith delivered to the nearest police station or jail and shall be proceeded
In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
shall be forthwith delivered to the nearest
police station or jail and shall be proceeded
transferred from one confinement to another. In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant shall be forthwith delivered to the nearest police
station or jail and shall be proceeded against in accordance with section 7 of Rule 112.
Preliminary Investigation: RULE 112. Sec. 1 Preliminary investigation is an inquiry or
proceeding to determine whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty thereof, and should be
held for trial.
Section 3. Procedure. — The preliminary investigation shall be conducted in the following
manner:
(a) The complaint shall state the address of the respondent and shall be accompanied by the
affidavits of the complainant and his witnesses, as well as other supporting documents to
establish probable cause. They shall be in such number of copies as there are respondents, plus
two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to administer oath, or, in their absence or
unavailability, before a notary public, each of who must certify that he personally examined the
affiants and that he is satisfied that they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the complainant which
he may not have been furnished and to copy them at his expense. If the evidence is voluminous,
the complainant may be required to specify those which he intends to present against the
respondent, and these shall be made available for examination or copying by the respondent at
his expense.
Objects as evidence need not be furnished a party but shall be made available for examination,
copying, or photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his defense. The counter-affidavits
shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with
copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a
motion to dismiss in lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits
within the ten (10) day period, the investigating officer shall resolve the complaint based on the
evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be clarified from a
party or a witness. The parties can be present at the hearing but without the right to examine or
cross-examine. They may, however, submit to the investigating officer questions which may be
asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits and
other documents or from the expiration of the period for their submission. It shall be terminated
within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall determine whether
or not there is sufficient ground to hold the respondent for trial. (3a)

Investigating Prosecutor Files Resolution: Section 4. Resolution of investigating prosecutor

and its review. — If the investigating prosecutor finds cause to hold the respondent for trial, he
shall prepare the resolution and information. He shall certify under oath in the information that
he, or as shown by the record, an authorized officer, has personally examined the complainant
and his witnesses; that there is reasonable ground to believe that a crime has been committed and
that the accused is probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall recommend the dismissal of the complaint.

Resolution Sent to City/Provincial/State Prosecutor or ombudsman: Within five (5) days

from his resolution, he shall forward the record of the case to the provincial or city prosecutor or
chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within
ten (10) days from their receipt thereof and shall immediately inform the parties of such action.

No complaint or information may be filed or dismissed by an investigating prosecutor without

the prior written authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.

Where the investigating prosecutor recommends the dismissal of the complaint but his
recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or
the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by
himself, file the information against the respondent, or direct any other assistant prosecutor or
state prosecutor to do so without conducting another preliminary investigation.

If upon petition by a proper party under such rules as the Department of Justice may prescribe
or motu proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or
city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the
corresponding information without conducting another preliminary investigation, or to dismiss or
move for dismissal of the complaint or information with notice to the parties. The same rule shall
apply in preliminary investigations conducted by the officers of the Office of the Ombudsman.
(4a)

Except as provided in Section 6 of this Rule, a preliminary

investigation is required to be conducted before the filing
of a complaint or information for an offense where the
penalty prescribed by law is at least 4 years, 2 months and
1 day without regard to the fine.
Except as provided in Section 6 of this Rule, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense where the penalty
prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine.

Inquest Proceeding by Prosecutor: Inquest is defined as an informal and summary

investigation conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court. The inquest serves to
determine whether said persons should remain under custody and correspondingly be charged in
court. Because it is summary in nature and owing to the attendant risk of running against the
periods under which detained persons must be delivered to the proper judicial authorities, an
inquest usually ends with either the prompt filing of an information in court or the immediate
release of the arrested person
Going back, the rule on inquest is found in Rule 112, Section 7 of the Revised Rules on Criminal
Procedure. When a person is lawfully arrested without warrant involving an offense which
requires a preliminary investigation, where the offense is at least four years, two months and one
day, the complaint or information may be filed by a prosecutor without need of a preliminary
investigation provided an inquest has been conducted in accordance with existing rules. In the
absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended
party or a peace officer directly with the proper court on the basis of the affidavit of the offended
party or arresting officer or person.
Probable Cause is Found by Prosecutor: Probable cause pertains to “the existence of facts and
circumstances as would excite the belief in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime for which he was
prosecuted. A criminal case is when a complaint or information has already been filed by the
public prosecutor before the court, following an inquest or preliminary investigation as the case
may be, where the prosecutor found probable cause that a crime has been committed and the
person named in the information is probably guilty thereof.
Probable cause does not refer to evidence which
Arrest: The taking of a person into custody in order that he may be bound to answer for the
commission of an offense. (Sec.1, Rule 113, Rules of Court). It is made by an actual restrain of a
person to be arrested, or by his submission to the custody of the person making the arrest.