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Rule 110 Section 2. 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
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Rule 110 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.
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Rule 110 Section 4. Information defined
An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court
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A ___ _ ____ _ _____ if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.
Rule 110 Section 6. Sufficiency of complaint or information
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The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.
Rule 110 Section 7. Name of the accused
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The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of the essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense or is necessary for its identification.
Rule 110 Section 10. Place of commission of the offense
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It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.
Rule 110 Section 11. Date of commission of the offense
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The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.
Rule 110 Section 12. Name of the offended party
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Enumerate the Officers authorized to conduct preliminary investigations according to Rule 112 Section 2
Provincial or City Prosecutors and their assistants; Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; National and Regional State Prosecutors; and Other officers as may be authorized by law.
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It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense
Arrest
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Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person:
When, in his presence, the person to be arrested has committed; When an offense has just been committed; When the person to be arrested is a prisoner who has escaped from a penal establishment
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Rule 113 Section 6. Time of making arrest
An arrest may be made on any day and at any time of the day or night
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It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance
Rule 114 Section 1. Bail
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Rule 113 Section 7. Method of arrest by officer by virtue of warrant
The officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him
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Rule 113 Section 8. Method of arrest by officer without warrant
The officer shall inform the person to be arrested of his authority and the cause of the arrest
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Rule 113 Section 9. Method of arrest by private person
A private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense
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Rule 113 Section 10. Officer may summon assistance
An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest
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An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose
Rule 113 Section 11. Right of officer to break into building or enclosure
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Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself
Rule 113 Section 12. Right to break out from building or enclosure
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If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines
Rule 113 Section 13. Arrest after escape or rescue
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Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right
Section 14. Right of attorney or relative to visit person arrested
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Rule 112 Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure. —
If filed with the prosecutor; If filed with the Municipal Trial Court
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Rule 112 Section 6. When warrant of arrest may issue?
By the Regional Trial Court. Within ten (10) days from the filing of the complaint or information
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It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.
Rule 110 Section 11. Date of commission of the offense