Guide to Prosecution of Offenses: Rule 110

Ricarze vs. CA (GR 160451)

Under Section 5, Rule 110 of the Revised Rules of Rules, all criminal actions covered by a complaint or information shall be prosecuted under the direct supervision and control of the public prosecutor.  Thus, even if the felonies or delictual acts of the accused result in damage or injury to another, the civil action for the recovery of civil liability based on the said criminal acts is impliedly instituted, and the offended party has not waived the civil action, reserved the right to institute it separately or instituted the civil action prior to the criminal action, the prosecution of the action (including the civil) remains under the control and supervision of the public

People vs Nicolas (GR 135877)

We must also note that, even if considered in the light of current provisions of law and the rules, the same ruling would be reached. Under R.A. 8353, rape has been reclassified from being a private crime into a crime against persons. As a result, the prosecution of the crime of rape has been effectively removed from the ambit of the requirements of Chapter Five, Title Eleven of the Revised Penal Code and Section 5, Rule 110 of the 1985 Rules of Criminal Procedure. We note further that on December 1, 2000, the Revised Rules on Criminal Procedure took effect and, following the amendments brought about by R.A. 8353, Section 5, Rule 110 thereof has correspondingly been amended. Rape may now be prosecuted de oficio.

Llenes vs. Judge Dicdican (GR 122274)

By its express mandate, Section 1, Rule 110 of the Rules of Court does not apply to cases covered by the Rule on Summary Procedure. Second, since the ordinance in question partakes of a special penal statute Act No. 3326 is then applicable; hence, it is the filing in the proper court of the complaint or information which suspends the running of the period of prescription.

Pacoy vs. Hon. Cajigal (GR 157472)

Section 14, Rule 110 also provides that in allowing formal amendments in cases in which the accused has already pleaded, it is necessary that the amendments do not prejudice the rights of the accused. The test of whether the rights of an accused are prejudiced by the amendment of a complaint or information is whether a defense under the complaint or information, as it originally stood, would no longer be available after the amendment is made; and when any evidence the accused might have would be inapplicable to the complaint or information. Since the facts alleged in the accusatory portion of the amended Information are identical with those of the original Information for Homicide, there could not be any effect on the prosecution’s theory of the case; neither would there be any possible prejudice to the rights or defense of petitioner.


Evidently, the last paragraph of Section 14, Rule 110, applies only when the offense charged is wholly different from the offense proved, i.e., the accused cannot be convicted of a crime with which he was not charged in the information even if it be proven, in which case, there must be a dismissal of the charge and a substitution of a new information charging the proper offense. Section 14 does not apply to a secondinformation, which involves the same offense or an offense which necessarily includes or is necessarily included in the first information. In this connection, the offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved when the essential ingredients of the former constitute or form a part of those constituting the latter.

Homicide is necessarily included in the crime of murder; thus, the respondent judge merely ordered the amendment of the Information and not the dismissal of the original Information. To repeat, it was the same original information that was amended by merely crossing out the word Homicide and writing the word Murder, instead, which showed that there was no dismissal of the homicide case.


Author: Born2drinkStuff

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