Rule 110 - Institution of Criminal Actions
Section 1, Rule 110 -- 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.
The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws.
ANNOTATIONS:
► PRESCRIPTIVE PERIOD – COMMENCEMENT
ART. 90 (RPC)
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Crimes punishable by:
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year/s
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Death
|
20 YEARS
|
RP
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RT
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Afflictive penalties
|
15 YEARS
|
Correctional penalties
(Prision Correccional)
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10 YEARS
|
Arresto Mayor
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5 YEARS
|
When the penalty fixed by law is a compound one
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The highest penalty shall be made a basis
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Libel
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1 YEAR
|
Oral defamation
|
6 MONTHS
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Slander by deed
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Grave slander
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Simple slander
|
2 MONTHS
|
Light Offenses
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Crimes punishable by FINES:
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Afflictive
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5 YEARS
|
Correctional
|
10 YEARS
|
Light
|
2 MONTHS
|
ACT 3326 (special law)
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Offenses punished only by fine or imprisonment for not more than 1 month or both
|
1 YEAR
|
Imprisonment for more than 1 month, but less than 2 years
|
4 YEARS
|
Imprisonment for 2 years but less than 6 years
|
8 YEARS
|
Imprisonment for 6 years or more
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12 YEARS
|
Offenses under Internal Revenue Law
|
5 YEARS
|
Violations of municipal ordinances
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2 MONTHS
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Violations of the regulations or conditions of certificate of convenience by the Public Service Commission
|
2 MONTHS
|
ART. 91 (RPC) Computation of Prescription of Offenses
1. Commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents.
2. Interrupted by the filing of complaint or information.
3. It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused.
4. The term of prescription shall not run when the offender is absent from the Philippine archipelago. For continuing crimes, prescriptive period cannot begin to run because the crime does not end.
► EFFECT OF FILING A COMPLAINT / INFORMATION
GR: Interrupt the period of prescription of the offense.
o Filing before the proper court
o Filing before the court even without jurisdiction
o Filing before the Office of the Prosecution
o Commencement of the prosecution of the accused before the Office of the Prosecution.
o Filing a complaint for PI
o Filing before the Office of the Ombudsman
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