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Complaint or Information

 The Complaint or Information


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. 


FORM:

1. In writing;

2. In the name of the People of the Philippines; and

3. Against all persons who appear to be responsible for the offense involved.



Bar Exam Question (1999)


Complaint vs. Information (1999)


Distinguish a Complaint from Information. 


Suggested Answer:


In criminal procedure, a complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other peace officer charged with the enforcement of the law violated. (Sec. 3, Rule 110, 1985 Rules of Criminal Procedure); while an information is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. (Sec. 4, Id.)


Bail to secure appearance of material witness

On

 Bail to secure appearance of material witness


Section 14. Bail to secure appearance of material witness. — When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. 


People v Montejo, 21 SCRA 722 (1967)

- Even if the witness has been cited to appear before a court sitting outside of the province in which he resides and the distance is more than 50km (now 100km) from his place of residence by the usual course of travel, he is still bound by the subpoena. Rule 23 applies only in civil cases.


If the court is satisfied upon proof or oath that a material witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. If the witness refuses to post bail, the court shall imprison him until he complies or is legally discharged after his testimony has been taken.


Bar Exam Question (1999)


Bail; Witness Posting Bail (1999)


May the Court require a witness to post bail? Explain your answer. 


Suggested Answer:


Yes. The court may require a witness to post bail if he is a material witness and bail is needed to secure his appearance. The rules provide that when the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony is taken. (Sec. 14, Rule 119)

Effect of appeal by any of several accused

 Effect of appeal by any of several accused


Section 11.


(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter;


(b) The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.


(c) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. 


Bar Exam Question (1998)


Bail; Appeal (1998)


In an information charging them of Murder, policemen A, B and C were convicted of Homicide. A appealed from the decision but B and C did not. B started serving his sentence but C escaped and is at large. In the Court of Appeals, A applied for bail but was denied. Finally, the Court of Appeals rendered a decision acquitting A on the ground that the evidence pointed to the NPA as the killers of the victim.


1. Was the Court of Appeal's denial of A's application for bail proper? 

2. Can B and C be benefited by the decision of the Court of Appeals?


Suggested Answer:


1. Yes, the Court of Appeals properly denied A's application for bail. The court had the discretion to do so. Although A was convicted of homicide only, since he was charged with a capital offense, on appeal he could be convicted of the capital offense. (Obosa vs. Court of Appeals, 266 SCRA 281.)


Alternative Answer:


Under Circular No. 2-92, A is entitled to bail because he was convicted of homicide and hence the evidence of guilt of murder is not strong.


2. B, who did not appeal, can be benefited by the decision of the Court of Appeals which is favorable and applicable to him. (Sec. 11 [a]. Rule 122, Rules of Criminal Procedure.) The benefit will also apply to C even if his appeal is dismissed because of his escape.


Sadanga Police Station

 

sadanga police station logo

sadanga police station

Sadanga Police Station


Sadanga Municipal Police Station Hotline No.: 09985987839


Sadanga Police Station Social Media Accounts:

  1. Facebook: fb/PNPMtgProv Sadanga
  2. Twitter: @PNPSadanga1
  3. Email: sadanga.pnp@gmail.com


The following Sadanga Barangays declared the CPP-NPA-NDF as Persona Non-Grata in the Municipality of Sadanga: 

  • Poblacion

  • Betwagan 

  • Anabel 

  • Sacasacan 

  • Demang 

  • Bekigan 

  • Saclit 

  • Belwang


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1. Brunei Police System

2. Binmaley Police Station

3. Dasol Police Station

4. Cambodian Police System

Candijay Police Station

 

candijay police station

Candijay Police Station


Candijay Police Station Hotline: 0998-5986409


Candijay Municipal Police Station Social Media Accounts:


Facebook: fb/CandijayPSBPPO

Twitter: @candijaypsbppo

Instagram: candijaypsbppo


Report any of these offenses: Human trafficking comes in many forms.


Domestic Slavery

Mail-Order Spouse

Sale of Human Parts

Sex Slavery and Pornography

Child Labor

Children in Armed Conflict


You may want to read:

1.  Besao Police Station