CRIMINAL PROCEDURE

Rule 110 PROSECUTION of Offenses

1. General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filing
of complaint by a complainant or an information by the prosecuting officer

à Court gains jurisdiction over the person of the accused upon arrest or surrender; such
jurisdiction once gained cannot be lost even if accused escapes (Gimenez vs. Nazareno)

à Jurisdiction of the court over the offense is determined at the time of the institution of
the action and is retained even if the penalty for the offense is later lowered or raised
(People vs. Lagon)

2. Complaint – sworn written statement charging a person with an offense, subscribed by

the offended party, any peace officer or other public official charged with the enforcement
of the law violated

Information – accusation in writing charging a person with an offense, subscribed by the

fiscal and filed with the court

3. Complaint and Information distinguished:

Complaint Information

A sworn statement Need not be sworn to

Subscribed by the offended party, any

peace officer or other officer charged with
the enforcement of the law violated Subscribed to by the fiscal

May be filed either with the court or in the

fiscal’s office generally to commence the
preliminary investigation of the charges
made Filed with the court

4. Cases where civil courts of equal rank are vested with concurrent jurisdiction:

1 Features stated in Art. 2, RPC

à Cognizable by proper court in which charge is first filed

2 Continuing crimes committed in different judicial regions

3 Offenses wherein any of the essential elements were committed in different
territorial jurisdictions
 4 Offenses committed aboard a train, vehicle, aircraft or vessel (see R110, §15)

i. Railroad, train, aircraft

(1) Territory or municipality where vehicle passed

(2) Place of departure

(3) Place of arrival

ii. Vessel

(1) First port of entry

(2) Thru which it passed during voyage

e. Libel and written defamation

5. Remedies of offended party when fiscal unreasonably refuses to file an information or

include a person therein as an accused

5 In case of grave abuse of discretion, action for mandamus

6 Lodge a new complaint against the offenders
7 Take up matter with the Secretary of Justice
8 Institute administrative charges against the erring fiscal
9 File criminal charges under Art. 208, RPC (prosecution of offenses)
10 File civil action under Art. 27, NCC for damages (PO refuses or neglects to
perform official duty)
11 Secure appointment of another fiscal
12 Institute another criminal action if no double jeopardy is involved

6. Writs of injunction or prohibition to restrain a criminal prosecution are not available,

EXCEPT

13 To afford adequate protection to constitutional rights of accused

14 Necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions
15 Pre-judicial question which is sub judice
16 Acts of the officer are without or in excess of authority
17 Prosecution is under an invalid law, ordinance or regulation
18 Double jeopardy is clearly apparent
19 Court has no jurisdiction over the case
20 Case of persecution rather than prosecution
21 Charges are manifestly false and motivated by lust for vengeance
22 Clearly no prima facie case against the accused and MTQ on that ground had been
denied
7. Institution of Criminal Actions:

a. In RTC:

à By filing a complaint with the appropriate officer for the purpose of conducting
requisite preliminary investigation therein.

b. In Municipal Trial Courts and Municipal Circuit Trial Courts:

à By filing the complaint or information directly with said courts, or a complaint with
the fiscal’s office

c. In Metropolitan Trial Courts

à By filing the complaint ONLY with the office of the fiscal

à In all 3 above cases, such institution shall interrupt the period of prescription of the
offense charged (Rule 110, §1)

d. Offenses subject to summary procedure

[i.e. (1) violation of traffic laws; (2) violation of rental laws; (3) violation of municipal or
city ordinances; and (4) criminal cases where the penalty does not exceed 6 months or
fine of P1000 or both, irrespective of other imposable penalties and civil liabilities]

à The complaint or information shall be filed directly in court without need of a prior
preliminary examination or preliminary investigation.

à Zaldivia vs. Reyes – since a criminal case covered by the Rules of Summary Procedure
shall be deemed commenced only when it is filed in court, then the running of the
prescriptive period shall be halted on the date the case is actually filed in court and not on
any date before that.

à Reodica vs. CA – [clarifies Zaldivia above] Under Art. 91 of the RPC, the period of
prescription shall be interrupted by the filing of the complaint or information. It does not
distinguish whether the complaint is filed for preliminary examination or investigation
only, or for an action on the merits. Thus, the filing of the complaint even with the
fiscal’s office should suspend the running of the Statute of Limitations. The ruling in
Zaldivia is not applicable to all cases subject to the Rules on Summary Procedure, since
that particular case involved a violation of an ordinance. Therefore, the applicable law
therein was not Art. 91 of the RPC, but Act No. 3326 (“An Act to Establish Periods of
Prescription for Violations Penalized by Special Acts and Municipal Ordinances and to
Provide when Prescription Shall Begin to Run”), §2 of which provides that period of
prescription is suspended only when judicial proceedings are instituted against the guilty
party.
8. Contents of information

a. Name of the accused

à Information may be amended as to the name of the accused, but such amendment
cannot be questioned for the first time on appeal (People vs. Guevarra)

à Error of name of the offended party: if material to the case, it necessarily affects the
identification of the act charged. Conviction for robbery cannot be sustained if there is a
variance between the allegation and the proof as to the ownership of the property stolen.

b. Designation of offense by statute (or of section/subsection of statute violated)

à Only one offense charged, EXCEPT where law prescribes a single punishment for
various offenses.

à If facts do not completely allege all the elements of the crime charged, the info may be
quashed; however, the prosecution is allowed to amend the info to include the necessary
facts (People vs. Purisima)

c. Acts or omissions complained of constituting the offense

à Information need only allege facts, not include all the evidence which may be used to
prove such facts (Balitaan vs. CFI)

d. Name of offended party

e. Approximate time of commission

à Approximation of time is sufficient; amendment as to time is only a formal

amendment; no need to dismiss case (People vs. Molero)

à A significant discrepancy in the time alleged cannot be sustained since such would
allow the prosecution to prove an offense distantly removed from the alleged date, thus
substantially impairing the rights of the accused to be informed of the charges against
him (People vs. Reyes)

f. Place of commission

à Conviction may be had even if it appears that the crime was committed not at the place
alleged, provided that the place of actual commission was within the court’s jurisdiction
and accused was not surprised by the variance between the proof and the information

à Qualifying and inherent aggravating circumstances need to be alleged as they are

integral parts of the crime. If proved, but not alleged, become only generic aggravating
circumstances.
9. Amendment of information and Substitution of information, distinguished

Amendment Substitution

Involves either formal or substantial

changes Necessarily involves a substantial change

Needs leave of court as original

Without leave of court if before plea information has to be dismissed

Where only as to form, there is no need

for another preliminary investigation and Another preliminary investigation is
retaking of plea of accused entailed and accused has to plead anew

Refers to the same offense charged or

which necessarily includes or is
necessarily included in original charges,
hence, substantial amendments to info Requires or presupposes that new info
after plea taken cannot be made over involves a different offense which does
objections of accused for if original info is not include or is not included in the
withdrawn, accused could invoke double original charge, hence, accused cannot
jeopardy claim double jeopardy

10. After plea, amendment only as to matters of form, provided

23 Leave of court is obtained; and

24 Amendment is not prejudicial to rights of accused

11. When amendment is only as to form

25 Neither affects or alters nature of offense charged

26 Charge does not deprive accused of a fair opportunity to present his defense
27 Does not involve a change in basic theory of prosecution

12. Exceptions to rule on venue

28 Felonies in Art. 2, RPC (cognizable by proper court in which charge is first filed)
29 Continuing offenses
30 Piracy which is triable anywhere
31 Libel (residence; or where first published)
32 In exceptional cases, to ensure fair trial and impartial inquiry

13. Special cases (who may prosecute)

a. Adultery and concubinage

à Only offended spouse can be complainant

à Both guilty parties must be included in complaint

b. Crimes against chastity

à With consent of the offended party, offended spouse, grandparents, guardian, or state as
parens patriae, in that order

à Offended party, even if minor, has right to initiate the prosecution of the case
independently of parents, grandparents or guardian, unless she is incompetent/incapable
on grounds other than minority.

à If offended party who is a minor fails to file the complaint, her parents, grandparents or
guardian may do so.

à In crimes against chastity, the consent of the victim is a jurisdictional requirement–

retraction renders the information void (People vs. Ocapan)

à If complexed with a public crime, the provincial fiscal may sign the complaint on his
own

c. Defamation (consisting of imputation of offenses in [a] or [b])

à Complainant must be offended party

à The offended party may intervene in the prosecution of the criminal case because of
her interest in it (Banal vs. Tadeo)

14. Procedure

33 Complaint filed in MTC or info filed in RTC where an essential ingredient of the
crime took place (territorial jurisdiction)
1 Amendment as a matter of right before plea
2 Amendment upon discretion of the court after plea

à Inclusion of other accused is only a formal amendment which would not be prejudicial
to the accused and should be allowed (People vs. CA)

d. After plea and before judgment, if it appears there was a mistake in charging proper
offense, court shall dismiss original info upon the filing of a corrected one, provided that
the accused will not be placed in double jeopardy (substitution)

à Fiscal determines direction of prosecution; complainant must ask fiscal if he wants to

dismiss the case; the motion to dismiss must be addressed to the court which has
discretion over the disposition of the case (Republic vs. Sunga)
à Objection to the amendment of an information or complaint must be raised at the time
the amendment is made; otherwise, deemed to have consented thereto.

15. Remedies

a. Motion to quash

à May be filed after arraignment but before plea on the grounds provided by the rules
(generally, a flaw in the info)

à If duplicity of offense charged is not raised in trial through a motion to quash info, the
right to question it is waived (People vs. Ocapan)

b. Motion to dismiss

à May be filed after plea but before judgment on most of grounds for motion to quash

16. Duplicity of Offense (in information or complaint)

à Defined as the joinder of separate and distinct offenses in one and the same
information/complaint

à Remedy: file a motion to quash; failure is equivalent to a waiver

à Exception: when existing laws prescribe a single punishment (complex crimes)

Rule 111 Prosecution of Civil Action

1. General Rule: The injured party may file a civil action independent of the criminal
proceeding to recover damages from the offender.

à Article 32 is a valid cause of a civil action for damages against public officers who
impair the Constitutional rights of citizens (Aberca vs. Ver)

à Even if the private prosecutor participates in the prosecution, if he is not given the
chance to prove damages, the offended party is not barred from filing a separate civil
action

2. Civil action for recovery of civil liability impliedly instituted, EXCEPT

34 Waiver
35 Reservation of right to institute separate action
36 Institution of civil action prior to criminal action

à NOTE: Under SC Circular 57-97, all criminal actions for violations of BP Blg. 22 shall
be deemed to necessarily include the corresponding civil action, and no reservation to file
such civil action separately shall be allowed or recognized.

à San Ildefonso Lines vs. CA – past pronouncements of the SC that the requirement in
Rule 111 that a reservation be made prior to the institution of an independent civil action
is an “unauthorized amendment” to substantive law is now no longer controlling. Far
from altering substantive rights, the primary purpose of the reservation requirement is to
avoid multiplicity of suits, to prevent delays, to clear congested dockets, to simplify the
work of the trial court, and in short, the attainment of justice with the least expense and
vexation to parties-litigants.

3. Civil action suspended when criminal action filed, EXCEPT

37 Independent civil action (Arts. 32, 33, 34 and 2176 of NCC)

38 Prejudicial civil action
39 Civil case consolidated with criminal action
40 Civil action not one intended to enforce civil liability arising from the offense
(e.g., action for legal separation against a spouse who committed concubinage)

4. Prejudicial question arises when

41 The civil action involves an issue similar or intimately related to the issue raised
in the criminal action
42 The resolution of such issue will determine whether the criminal action will
proceed or not

à Requisites for a prejudicial question:

43 The civil action involves an issue similar or intimately related to the issue raised
in the criminal action: and
44 The resolution of such issue determines whether or not the criminal action may
proceed

à Petition for suspension of criminal action is to be filed at any time before prosecution
rests.

5. Remedies

a. Reservation of right to institute separate civil proceedings to recover civil liability

arising from crime

à Must be made before prosecution presents evidence

à Action instituted only after final judgment in criminal action

b. Petition to suspend the criminal action

à May be filed upon existence of a prejudicial question in a pending civil action

à Filed at any time before the prosecution rests

6. Extinction of penal action does not carry with it extinction of the civil unless the
extinction proceeds from a declaration in a final judgment that the fact from which the
civil might arise did not exist.

à Final judgment in civil absolving defendant from civil liability not a bar to criminal
action

7. Filing fees:

45 Actual or compensatory damages – filing fees not required

46 Moral, temperate and exemplary – filing fees required
47 If alleged, fees must be paid by offended party upon filing of complaint or
information
1 If not alleged, filing fees considered a first lien on the judgment

Rule 112 Preliminary Investigation

1. Preliminary investigation – inquiry or proceeding to determine if there is sufficient

ground to engender a well-founded belief that a crime cognizable by the RTC has been
committed, and that the respondent is probably guilty thereof, and should be held for trial

à A preliminary investigation is only necessary for an information to be filed with the

RTC; complaints may be filed with the MTC without need of an information, which is
merely recommendatory (Tandoc vs. Resultan)

à Absence of a preliminary investigation is NOT a ground for a motion to quash the

information; an information filed without a preliminary investigation is defective but not
fatal; in its absence, the accused may ask for one; it is the fiscal’s refusal to conduct a
preliminary investigation when the accused demands one which is a violation of the
rights of the accused (Doromal vs. Sandiganbayan). Court should not dismiss the info,
but hold the case in abeyance and either: (1) conduct its own investigation; or (2) require
the fiscal to hold a reinvestigation.

2. GENERAL RULE: The fiscal conducts the preliminary investigation before filing an
information with the RTC, EXCEPT where the accused is lawfully arrested without a
warrant and an inquest is conducted.

3. Right to Preliminary Investigation

à A personal right and may be waived

à Waived by failure to invoke the right prior to or at least at the time of the plea

4. Who conducts Preliminary Investigation

48 Provincial or city fiscals and their assistants

49 Judges of MTC and MCTC
50 National and regional state prosecutors
51 Such other officers as may be authorized by law
52 Duly authorized legal officers of COMELEC
1 The Ombudsman
2 The PCGG, in cases of ill-gotten wealth

5. Procedure

a. If conducted prior to arrest

i. Complainant files complaint with

(a) Provincial or city fiscal

(b) Regional or state prosecutor

(c) MTC or MCTC judge, excluding MTC judge of Metro Manila or chartered cities

(d) Other offices authorized by law

53 Investigating officer either dismisses complaint or asks by subpoena complainant

and respondent to submit affidavits and counter-affidavits
1 If the investigating officer finds prima facie evidence, he prepares an
information and a resolution

à i.e., if fiscal finds reasonable ground to believe that a crime has been committed and
accused is probably guilty thereof

à Prima facie evidence is that evidence which, standing alone, unexplained and
uncontradicted, would be enough to merit a conviction of the accused

iv. Otherwise, he recommends the dismissal of the complaint

à If the investigating officer is an MTC judge, and he finds that probable cause exists and
that there is a need to place the accused under custody, then he may issue a warrant of
arrest

à Flores vs. Sumaling – What differentiates the present rule from the previous one is that
while before, it was mandatory for the investigating judge to issue a warrant for the arrest
of the accused if he found probable cause, the rule now is that the investigating judge’s
power to order the arrest of the accused is limited to instances in which there is a
necessity for placing him in custody “in order not to frustrate the ends of justice.” It is
therefore error for the investigating judge to order the issuance of a warrant of arrest
solely on his finding of probable cause, without making any finding of a necessity to
place the accused in immediate custody to prevent a frustration of justice.

54 Investigating officer forwards records to the city fiscal or chief state prosecutor
1 City fiscal or state prosecutor either dismisses the complaint or files the
information in court

à Decision prevails over decision of the MTC judge

vii. Records will not form records of the case proper

à Court on its own or on motion may order production of record

b. If conducted after warrantless arrest

55 If accused waives Art. 125, RPC and asks for a preliminary investigation, with the
assistance of counsel, then the procedure for one prior to arrest is followed
1 Inquest conducted as follows

(a) Fiscal determines the validity of the arrest

(b) Fiscal determines existence of prima facie evidence based on the statements of the
complainant, arresting officer and witnesses

(c) Fiscal either dismisses the complaint and orders the immediate release of the accused,
OR prepares and files an information

à While fiscal has quasi-judicial discretion whether or not to file an information, once it
is filed with the court, the court acquires jurisdiction giving it discretion over the
disposition of the case and the Sec. of Justice should refrain from entertaining petitions
for review or appeals from the decision of fiscal (Crespo vs. Mogul; Velasquez vs.
Undersecretary of Justice)

NOTE: Information may be filed by offended party, peace officer or fiscal without
preliminary investigation.

6. Remedies

a. Motion for preliminary investigation

à Filed when accused is arrested without warrant

à Must be with assistance of counsel and after waiving Art. 125, RPC
b. Motion for preliminary investigation

à Filed within 5 days after accused learns an information against him has been filed
without a preliminary investigation

c. Motion for re-investigation

d. Appeal to DOJ

à Filed upon denial of his motion for a preliminary investigation, on the ground that his
rights to due process of law were violated, ousting the court of jurisdiction

e. Petition for prohibition

à Filed with appellate court to stop the criminal proceedings

à Ordinarily, injunction will not lie but may be granted in certain cases

à When prohibition proper to restrain criminal proceedings:

56 When strong-arm tactics are used for vindictive purposes (Salonga vs. Cruz-Pano)
57 When the accused is deprived of his rights
58 When the statute on which the charge is based is null and void
59 When it will aid the administration of justice (Tatad vs. Sandiganbayan)
60 When multiplicity of suits will be avoided (Guingona vs. City Fiscal)

Rule 113 Arrest

1. Arrest – taking a person into custody in order that he may be bound to answer for the
commission of some offense, made by an actual restraint of the person or by his
submission to custody

2. General Rule: No person may be arrested without a warrant.

à Not all persons detained are arrested; only those detained to answer for an offense.

à “Invitations” are not arrests and are usually not unconstitutional, but in some cases may
be taken as commands (Babst vs. NBI); however, the practice of issuing an “invitation” to
a person who is investigated in connection with an offense he is suspected to have
committed is considered as placing him under “custodial investigation.” (RA 7438)

à Warrants of arrest remain valid until arrest is effected, or the warrant is lifted

à Arrest may be made at any time of the day or night

3. Warrantless arrests by a peace officer or a private person

a. When person to be arrested is committing, attempting or has committed an offense

b. When an offense has just been committed and the person making the arrest has
personal knowledge that the person to be arrested committed it

à Warrantless arrest anytime for a continuing offense like rebellion, subversion (Umil vs.
Ramos)

à The continuing crime, not the crime finally charged, needs only be the cause of the
arrest (Umil vs. Ramos)

c. When person to be arrested is an escaped detainee (either serving sentence or with

case pending)

61 When a person lawfully arrested escapes

62 Bondsman, for purpose of surrendering the accused
63 Accused attempts to leave country without court permission

4. Procedure

a. With warrant

64 Complainant files application with affidavits attached

65 Judge conducts ex parte preliminary examination to determine probable cause

à In determining probable cause, judge must:

(1) Personally examine witness

(2) Witness must be under oath

(3) Examination must be reduced to writing (Luna vs. Plaza)

à In determining probable cause, the judge may rely on findings by responsible officer
(Lim vs. Felix)

iii. Judge issues warrant of arrest

à If without preliminary examination, considered irregular (Bagcal vs. Villaraza)

iv. If peace officer is unable to serve warrant 10 days after issuance, he must file a report
and explanation with judge within 10 days

v. If warrant served

(1) Person informed that he is being arrested

(2) Informed of cause of his arrest

(3) Officer may break door or window if admission to building is refused

(4) Person physically restrained

à For private citizens making an arrest

à May not do so except to do some service to humanity or justice

(5) No violence or unnecessary force may be used

(6) Officer may summon assistance

(7) Person who escapes after arrest may be immediately pursued

vi. Person arrested is brought to nearest police station or jail

b. Without warrant:

66 Person is arrested
1 Person arrested may waive right to Art. 125, RPC and ask for preliminary
investigation or inquest

à Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief of Police)

67 Fiscal files info

5. Requisites for a warrant of arrest:

68 Probable cause
69 Signed by judge
70 Specifically naming or particularly and sufficiently describing person to be
arrested

à John Doe warrants are void for being general warrants (Pangandaman vs. Cesar)

6. Remedies

a. Petition for writ of habeas corpus

à Filed with any court, to effect immediate release of the person detained

à Filed when a person is being illegally detained (without judicial process), or was
illegally arrested (void warrant or unlawful warrantless arrest, or warrantless arrest
beyond period with no information filed)

à Habeas corpus is not allowed when:

 71 The person is in custody of an officer under process of law, and
72 The court had jurisdiction to issue the process (Luna vs. Plaza)

à If an arrest is improper, the remedy is a motion for quashal of the warrant of arrest
and/or a motion to quash the information, not habeas corpus (Ilagan vs. Enrile)

à Habeas corpus is no longer available after an information has been filed, the
information being the judicial process required by law (Ilagan vs. Enrile)

à Habeas corpus is proper when a person is being restrained illegally, e.g., imprisoned
past maximum penalty allowed by law (Gumabon vs. Director of Prisons)

b. Quashal of warrant of arrest

à Filed with court which issued the warrant of arrest when the warrant of arrest is fatally
flawed

c. Motion to quash information

à Filed with court when information against the person arrested has been filed

à Must be made in a “special appearance” before the court questioning only its lack of
jurisdiction over the person of the accused

à Otherwise, the voluntary appearance of the person arrested by filing a motion before
the court would be deemed a submission to the authority of the court, thus granting it
whatever jurisdiction it lacked over the person

à Any irregularity in the arrest is cured when the petitioner submits himself to the
jurisdiction of the court, e.g., by filing for bail (Bagcal vs. Villaraza)

7. V.V. Mendoza, “Rights to Counsel in Custodial Investigation”

à Evolution of rights of the accused under custodial investigation

73 All involuntary confession were inadmissible; accused had to prove

involuntariness
1 Involuntary confessions were inadmissible only if they were false
2 Revert to exclusionary rule: any involuntary confession is inadmissible
1 Miranda rule: the accused must be informed of his rights
1 To remain silent
2 Against self-incrimination
3 To counsel
4 Definition of custodial investigation questioned
1 It begins only after arrest
2 Police investigations prior to arrest are not covered
 3 The rights may be waived, but the rights to be
informed of these rights, i.e., to warning, may not be
waived
4 Warning must not only be said, officer must make
sure the person arrested understands them specifically
5 Present rules
1 Voluntary confessions are admissible
2 Test of voluntariness determined on a case-
to-case basis
3 Waiver of rights must not only be with
counsel but must be in writing

à Confessions made without assistance of counsel are inadmissible as evidence to

incriminate the accused, but they may be used to impeach the credibility of the accused,
or they may be treated as verbal admission of the accused through the testimony of the
witnesses (People vs. Molas)

Rule 114 Bail

1. Bail – security given for the release of a person in custody of law, furnished by him or
a bondsman, conditioned upon his appearance before any court as required under the
following conditions:

74 Undertaking effective upon approval and remains in force at all stages until
promulgation of judgment, unless sooner cancelled
75 Accused shall appear before court when required
76 Failure to appear despite notice to him or the bondsman will waive his right to be
present and trial shall proceed in absentia
77 Bondsman shall surrender accused for execution of judgment

à Bail applies to all persons detained, not just to those charged with the offense (Herras
vs. Teehankee)

à Court has power to prohibit person out on bail from leaving the country (Manotoc, Jr.
vs. CA)

à Bail implies delivery of the accused to the sureties who, though not holding him
prisoner, may seize him and imprison him until they can deliver him to court (US vs.
Bonoan)

2. General Rule: All persons are entitled to bail as a matter of right, except those charged
with capital offenses.

à Right to bail traditionally unavailable to military personnel facing court martial, who
are not in the same class as civilians (Comendador vs. de Villa)
à Bail should be available regardless of other circumstances or the merits of the case, if
the health or the life of the detainee is in danger (Dela Rama vs. People’s Court)

à Excessive bail is tantamount to denial of bail, which is unconstitutional (Dela Camara

vs. Enage)

3. When bail is a matter of right

à Before or after conviction by MTC, MCTC, MJC

à Before conviction by the RTC of an offense not punishable by death, reclusion

perpetua or life imprisonment

4. When bail is discretionary (application filed with court where case is pending)

78 Upon conviction by RTC of an offense not punishable by death, reclusion

perpetua or life imprisonment
79 Provisional liberty under same circs. but during period to appeal subject to
consent of bondsman
80 In case he has applied for probation after final judgment, he may be allowed
temporary liberty under his bail or recognizance

5. Procedure

a. Offense charged is not capital:

i. Accused applies for bail

(1) Where information against him was filed or where case is pending

(2) Absent (1), in another branch of the same court within the province or city where he
is held

(3) If arrested in another province, city or municipality, file with the RTC

(4) Absent (3), with the MTC

81 Judge sets bail

1 Accused may move to reduce bail, and hearing will be set
2 Accused posts bail and deposits the same with the
Municipal/City/Provincial Treasurer or, if cash, with the Collector of Internal
Revenue
3 Accused is released

b. Offense charged is capital:

82 Accused petitions for bail

 83 Judge sets hearing to determine whether evidence of guilt is strong

à Ex-parte hearing on bail is arbitrary and unacceptable (Herras vs. Teehankee)

84 Prosecution presents evidence

1 Court may not force fiscal to produce evidence (Herras vs. Teehankee)
2 If evidence is strong, bail is denied
1 Otherwise, judge sets bail and procedure for non-capital offense is
followed

à In capital crimes, judge’s discretion is limited to determining strength of evidence and

does not cover determining whether bail should be allowed (Herras vs. Teehankee)

à Evidence must be strong that the accused is guilty of the capital offense charged, not
just of any offense (Bernardez vs. Valera)

6. Bail bond – an obligation under seal given by accused with one or more sureties and
made payable to proper officer with the condition to be void upon performance by the
accused of such acts as he may legally be required to perform

7. Recognizance

85 Obligation of record entered into before some court of magistrate duly authorized
to take it, with the condition to do some particular act, the most usual condition in
criminal cases being the appearance of the accused for trial
86 Does not require signature of accused for trial
87 Does not require signature of accused to be valid

8. Prosecution witnesses may be required to post bail to ensure their appearance at the
trial, except:

88 Substitution of info (see R110, §14)

89 Court believes that material witness may not appear at the trial

9. When bail required under RA 6036 (violation of ordinance, light felony, criminal
offense – not higher that 6 month imprisonment and/or P2000 fine, or both)

90 a. Caught in flagrante
91 Confessed to commission of offense unless repudiated (force and intimidation)
92 Previously escaped, evaded sentence or jumped bail
93 Violation of Sec. 2 (fails to report to clerk of court periodically under his
recognizance)
94 Recidivist, habitual delinquent previously convicted for an offense to which the
law or ordinance attaches an equal or greater penalty or for 2 or more offenses to
which it attaches a lighter penalty
95 Committed offense while on parole or under conditional pardon
 96 Previously pardoned by municipal or city mayor for violation of ordinance for at
least 2 times

10. Instances when accused may be released on recognizance:

97 Offense charged is a violation of an ordinance, a light felony or criminal offense

the imposable penalty to which does not exceed 6 months and or P2000 fine
98 Person has been in custody for a period equal to or more than the minimum of the
imposable principal penalty, without application of the Indeterminate Sentence Law
or any modifying circumstance
99 Accused has applied for probation and before the same has been resolved, but NO
BAIL was filed or accused is incapable of filing one
100 Youthful offender held for physical and mental examination, trial or appeal, if
unable to furnish bail

11. Cancellation of bail

a. Upon application with the court and due notice to the fiscal

101 Accused surrenders back to custody

1 Accused dies

b. Automatic cancellation

102 Case is dismissed

1 Accused is acquitted
2 Accused is convicted and surrenders for execution of judgment

12. When bail cancelled or denied: after RTC imposes imprisonment exceeding 6 years,
but not more than 20 years, and:

103 Accused is a recidivist, quasi-recidivist, habitual delinquent or guilty of the

aggravating circumstance of reiteration;
104 Provisionally escaped, evaded sentence, violated provisions of bail;
105 Committed offense while on probation, parole, or conditional pardon;
106 Probability of flight; or
107 Undue risk that during appeal, he may commit another crime

13. When bail is forfeited

a. Accused fails to appear before court when required

à 30 days for bondsman to show cause why judgment should not be rendered against him

b. Bondsman fails to produce him within 30 days

c. Bondsman fails to satisfactorily explain to the court why accused did not appear when
first required to do so

à Sureties guarantee only appearance of the accused, not his conduct (US vs. Bonoan)

à Sureties exonerated if appearance made impossible by an act of God, the obligee or the
law (US vs. Bonoan)

14. Provisional forfeiture

108 Within 30 days, produce the body or give reason for non-production AND
109 Explain satisfactorily the absence of the accused when first required to appear

15. Remedies

110Application for bail, when bail can be availed of as a matter of right

111Petition for bail, when the offense charged is a capital offense

à For judge to set hearing for the determination of strength of evidence of guilt

16. Circumstances to be considered in fixing amount of bail:

112Financial ability of accused to give bail;

113Nature and circumstances of offense;
114Penalty of offense charged;
115Character and reputation of accused;
116Age and health of accused
117Weight of evidence against accused
118Probability of accused appearing for trial;
119Forfeiture of other bonds;
120 Fact that accused was a fugitive from justice when arrested; and
121 Pendency of other cases in which the accused is under bond

17. Notes:

122 Posting bail waives the right to question any irregularity attending the arrest of a
person (Callanta vs. Villanueva). However, this does not result in waiver of the
inadmissibility of the articles seized incidentally to such illegal arrest.
123 Accused waived the right to question any irregularity in the conduct of the
preliminary investigation when he failed to do so before entering his plea (People vs.
Dela Cerna)
124 Accused out on bail may be re-arrested if he attempts to depart from the
Philippines without prior court permission (warrantless arrest allowed).

Rule 115 Rights of Accused

1. Right of the accused under the Rules

a. To be presumed innocent until proven guilty beyond reasonable doubt

à In an appeal from a conviction, the accused shall again be presumed innocent until and
unless his conviction is affirmed (Castillo vs. Felix)

b. To be informed of the nature and cause of charges

à The right must be substantially complied with; arraignment and later proceedings must
be in a language the accused understands (People vs. Crisologo)

c. To be present at every stage of proceedings, subject to waiver by bail

à If an accused escapes, he waives this right and merits a trial in absentia; the accused
forfeits his rights to be notified of proceedings in the future and to adduce evidence in his
behalf (People vs. Salas)

125 To testify as witness on his own behalf, subject to cross-examination on matters

covered by direct examination; not to be prejudiced by his silence
126 Not to be compelled to be a witness against himself
127 To confront and examine the witnesses against him, including the right to use in
evidence testimony of a witness
128 Who is deceased, out of or cannot with due diligence be found in the RP
1 Given in another proceeding
2 With the same parties
3 Same subject matter
4 Opportunity to cross-examine

à Prosecution has no privilege to withhold the identity of informers when such informer
was crucial in the operation itself; failure to present the informer is a denial of the right to
confront the witness which merits the reversal of the conviction (People vs. Bagano)

g. To have compulsory process to secure witnesses and evidence in his behalf

h. To have a speedy, impartial and public trial

à Unreasonable postponements of trial amounts to a denial of the right to a speedy trial,

entitling the accused to mandamus to compel dismissal of the case, or to habeas corpus if
he is detained

i. To have the right of appeal

2. Rights of the accused under the Constitution

a. To due process

b. Against self-incrimination
à Right is limited to testimonies; ocular inspection of the body may be allowed (Villaflor
vs. Summers)

à Being informed of rights means a meaningful transmission of information, without

which confession made by the accused is inadmissible (People vs. Nicandro)

à Confessions obtained through coercion are inadmissible (People vs. Opida)

à Right against self-incrimination and to counsel do not apply during custodial

investigation (People vs. Ayson)

à During trial, the right against self-incrimination takes the following form:

129 Accused may refuse to testify

130 If he testifies, he may refuse to answer those questions which may incriminate
him in ANOTHER offense

c. Against double jeopardy

d. To be heard by himself and counsel

3. Double jeopardy

131 First jeopardy must have attached prior to the first

132 First jeopardy attached and terminated
133 Valid complaint or information
1 Competent court with jurisdiction
2 Accused had pleaded
3 Action ended in conviction, acquittal or termination without the consent of
the accused

c. Offense charged in later case is:

134 Same as that in previous case

1 Necessarily includes or is included in the previous case
2 An attempt or frustration of the offense in previous case
1 An offense lesser than that charged to which the accused pleaded
guilty with the consent of the fiscal and the offended party

4. Exceptions to double jeopardy

135 The offense was made graver by supervening events

136 The facts constituting the graver offense were only discovered after the filing of
the earlier information

à No double jeopardy if the new fact which justified the new charge arose only after
arraignment and conviction (People vs. City Court)
à No double jeopardy where the trial was a sham since there was no competent court
(Galman vs. Sandiganbayan)

à No double jeopardy if first case was dismissed with consent of the accused (Caes vs.
IAC)

à There is double jeopardy if a person is charged twice under different penal statutes for
the same acts (People vs. Relova)

c. Plea of guilty to a lesser offense without the consent of the fiscal and the offended
party

5. Remedies

137 Motion to quash

138 Motion to dismiss

à Both filed on the ground of violation of accused’s rights, thereby ousting the court of
jurisdiction

6. NOTES:

à Constitution, Art. III, Sec. 1

No person shall be deprived of life, liberty or property without due process of law, nor
shall any person be denied the equal protection of the laws.

à Constitution, Art. III, Sec. 14

139 No person shall be held to answer for a criminal offense without due process of
law.
140 In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be informed of the nature and cause of
the accusations against him, to have a speedy, impartial and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.

However, after arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and that his failure to appear is
unjustifiable.

à Constitution, Art. III, Sec. 16

All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
à Constitution, Art. III, Sec. 17

No person shall be compelled to be a witness against himself.

à Constitution, Art. III, Sec. 21

No person shall be twice put in jeopardy of punishment for the same offense.

If an act is punished by a law or ordinance, conviction or acquittal under either shall

constitute a bar to another prosecution for the same act.

Rule 116 Arraignment and Plea

1. Procedure

141 Court informs accused of his right to counsel and asks him if he wants one
142 Court appoints counsel de oficio if accused has none

à If no such member of the available, any person who is a resident of the province, of
good repute for probity and ability to defend accused

c. Court gives counsel time to confer with accused at least an hour before arraignment

à Period allowed for counsel de oficio to confer with accused must be substantially
complied with; if not, case may be remanded for re-arraignment (People vs. Gonzaga)

143 Accused given a copy of the information, which is read to him in a language he
understands
144 Accused is asked whether he pleads guilty or not guilty
145 Accused files a motion to quash or makes plea
146 Accused personally makes his plea
147 Plea is entered into record
148 If accused makes plea of not guilty, counsel has at least 2 days to prepare for trial

à People vs. Agbayani – the right for 2 days to prepare must be expressly demanded.
Only when so demanded does denial thereof constitute reversible error and ground for
new trial. Further, such right may be waived, expressly or impliedly.

à NOTE, HOWEVER, under SC Circular 38-98 (implementing “Speedy Trial Act of

1997”), accused must be given at least 15 days to prepare for trial, which shall commence
within 30 days from receipt of Pre-Trial Order.

j. Case proceeds to pre-trial, trial or hearing, depending on the plea

à Statement in the judgment that the accused was arraigned and pleaded is sufficient; the
manner of statement of such fact is immaterial (People vs. Cariaga)
2. Kinds of plea

149 No plea – a plea of not guilty shall be entered

150 Conditional plea of guilt – a plea of not guilty shall be entered
151 Not guilty – case proceeds to trial or pre-trial
152 Guilty to a lesser offense – if fiscal and offended party consents, conviction
under offense charged for purposes of double jeopardy
153 Info may be amended
1 Case goes to trial
2 Even if info is not amended, and even if lesser offense is not included in
offense charged, court may still find the accused guilty of that lesser offense

e. Guilty to a capital offense

à Court conducts searching inquiry to determine if accused was aware of the charges, of
his plea, and its consequences

à Court requires prosecution to present evidence to prove guilt of accused and determine
his degree of culpability, and accused may still establish presence of mitigating
circumstances in his favor

f. Guilty to a non-capital offense

à Court receives evidence from the parties to determine penalty to impose

à Plea of guilty not necessarily followed by conviction. Upon receipt of exculpatory

evidence (if accused pleaded guilty), trial court should consider the plea withdrawn and
in its place, order the plea of not guilty

à Plea of guilty waives only defects which may be taken advantage of by motion to quash
or by plea in abatement; cannot cure jurisdictional defects.

3. Effects

a. Entry of plea will waive

154 Right to question illegality of the arrest

155 Right to question any irregularity in the preliminary investigation
156 Right to file a motion to quash

b. Improvident plea of guilty may be changed to not guilty any time before judgment is
rendered

c. A plea of not guilty may not be changed to guilty, as doing so would only spare the
prosecution of presenting evidence and still result in the conviction of the accused.
4. Remedies

a. Motion for specification

à May be filed any time before plea, even after a MTQ

à Filed when the information is insufficient in form or is generally worded, that a Bill of
Particulars is necessary to clarify the acts for which the accused is being charged

b. Motion to quash

à May be filed at anytime before plea is entered

à Based on grounds provided by the rules

c. Motion to suspend arraignment

à Filed when the accused seems mentally unsound or if there is a prejudicial question in
a pending civil case

d. Motion to withdraw an improvident plea of guilt

à May be filed at any time before judgment of conviction becomes final, when it can be
shown that the accused was not aware of the significance of pleading guilty to the charges

Rule 117 Motion to Quash

1. Motion to quash – a hypothetical admission that even if all the facts alleged were
true, the accused still cannot be convicted due to other reasons

2. When to file Motion to Quash

General Rule: Before entering plea; all grounds not raised deemed waived

Exception: The following grounds may be used in MTQ even after plea

157 No offense charged

158 Lack of jurisdiction over the offense charged
159 Extinction of the offense or of the penalty
160 Double jeopardy

3. Grounds

a. Information does not conform to prescribed form

à For the info to charge a complex crime, it is not necessary that it be defined by law,
only that it alleges that one offense was necessary to commit the other (People vs.
Alagao)

b. Court has no jurisdiction

161 No territorial jurisdiction

162 No jurisdiction over offense charged may be raised at any time; no waiver
considered even upon failure to move to quash on such ground
163 No jurisdiction over person of the accused

à The court gained jurisdiction over the person of the accused when he voluntarily
appeared for the pre-suspension hearing (Layosa vs. Rodriguez)

c. Accused would be put in double jeopardy

à Bars another prosecution

à No waiver

à No double jeopardy if first case was dismissed with the consent of the accused (Que vs.
Cosico), unless ground for dismissal is: (a) denial of right to speedy trial; or (b)
insufficiency of evidence.

à If the first case was dismissed due to a deficient information, then there was no valid
information and there could be no double jeopardy (Caniza vs. People)

à Cudia vs CA – it should be the Provincial Prosecutor of Pampanga, not the City

Prosecutor, who should prepare informations for offenses committed within Pampanga
but outside Angeles City. An information must be prepared and presented by the
prosecuting attorney or someone authorized by law. If not, the court does not acquire
jurisdiction. Although failure to file a motion to quash the information is a waiver of all
objections to it insofar as formal objections to pleadings are concerned, questions relating
to want of jurisdiction may be raised at any stage of the proceedings. Moreover, since the
complaint or information was insufficient because it was so defective in form or
substance that conviction upon it could not have been sustained, its dismissal without the
consent of the accused cannot be pleaded as prior jeopardy, and will not be a bar to a
second prosecution.

d. More than one offense was charged, EXCEPT where law prescribes single
punishment for various offenses

e. Facts alleged do not constitute an offense

à May be raised at any time

à No waiver
à For charge to be complete, it is necessary to state that it was exempted from any
amnesty existing at the time

f. Criminal action or liability has been extinguished

g. Information contains allegations which, if true, would be a legal excuse or

justification

h. Officer who filed the information had no authority

à Presentation of evidence cannot cure an invalid information (People vs. Asuncion)

NOTE: Court will consider no other grounds other than those raised, EXCEPT lack of
jurisdiction over offense charged.

4. Requisites of Double jeopardy

a. Valid information or complaint, sufficient in form and substance

b. Before court of competent jurisdiction

à Doctrine of “Jurisdiction by Estoppel”: depends upon whether the lower court actually
had jurisdiction or not. If it had no jurisdiction, but the case was tried and decided upon
the theory that it had jurisdiction, the parties are not barred on appeal, from assailing such
jurisdiction, for the same ‘must exist as a matter of law, and may not be conferred by
consent of the parties or by estoppel’. However, if the lower court had jurisdiction, and
the case was heard and decided upon a given theory, such, for instance, as that the court
had no jurisdiction, the party who induced it to adopt such theory will not be permitted,
on appeal, to assume an inconsistent position — that the lower court had jurisdiction.
Here, the principle of estoppel applies. The rule that jurisdiction is conferred by law, and
does not depend upon the will of the parties, has no bearing thereon.

c. Accused had pleaded

d. Conviction, acquittal, or dismissal or termination of case without consent of accused

e. Bar to offense charged, attempt to commit the same or necessarily includes or is

necessarily included

à Conviction for physical injuries through reckless imprudence constitutes double

jeopardy to the charge of damage to property through reckless imprudence.

5. Procedure

164 MTQ filed

165 If based on defect in info which can be cured, court shall order its amendment
 166 Quashing the info shall NOT be a bar to subsequent prosecution (accused has not
pleaded yet), EXCEPT when the ground is:
1 Double jeopardy OR
2 Extinction of criminal liability

6. Remedies

167 Motion to dismiss – if certain grounds were not raised or denied in a MTQ
168 Trial

à If there was really no basis for the info, then such could be proved in the trial

à Upon denial of a MTQ, the proper remedy is to go on trial and later to appeal, if
necessary; mandamus or certiorari will only be granted if there is not other plain, simple
and adequate remedy

7. Failure to move to quash or to allege any ground therefor deemed a waiver of such
grounds, except:

169 Failure to charge an offense

170 Lack of jurisdiction over the offense charged
171 Extinction of the offense or of the penalty
172 Double jeopardy

Rule 118 Pre-Trial

1. Plea bargaining – process whereby the accused and the prosecution in a criminal case
work out a mutually satisfactory disposition of the case subject to court approval. It
usually involves the defendant’s pleading guilty to a lesser offense or to only some of the
counts of a multi-count indictment in return for a lighter sentence than that for the greater
charge.

à Under “Speedy Trial Act of 1997”, in all criminal cases cognizable by the MTC,
MCTC, MeTC, RTC and Sandiganbayan, pretrial is mandatory.

à Under SC Circular 38-98, implementing the “Speedy Trial Act of 1997”, an accused
may plea guilty to a lesser offense only if said offense is necessarily included in the
offense charged.

2. Stipulation of facts

à Facts which both parties and respective counsels agree on as evidenced by their
signatures; these facts need not be proved by evidence in trial

à Stipulation is inadmissible if unsigned by either accused or counsel; a later memo of

confirmation, signed only by counsel, cannot cure defect (Fule vs. CA)
3. Pre-trial order – binds the parties, limits the trial to matters not yet disposed of, and
controls the course of action during the trial

4. Procedure

173 Judge must calendar pre-trial

174 Either party may waive the pre-trial
175 If court appoints counsel de oficio, counsel has at least 2 days to prepare
176 In the pre-trial conference
177 Plea bargaining
178 Stipulation of facts
179 Marking of evidence (does not imply conceding to its admissibility or
credibility)
180 Waiver of objections to admissibility of evidence
181 Other matters which will promote a fair and expeditious trial

e. Judge issues pre-trial order

Rule 119 Trial

1. In trial, the defense tries

182 To assail the admissibility of evidence which prove the elements of the offense
charged
183 To assail the credibility of such evidence
184 To prove another version, possibly admitting certain evidence of the prosecution
and adding other evidence to cast reasonable doubt

à Even in summary procedure, the judge cannot base his decision simply on affidavits;
he must give the defendant the chance to cross-examine (Combate vs. San Jose)

2. Procedure

a. Parties notified of date of trial 2 days before trial date (R119, §1)

à HOWEVER, under SC Circular 38-98, accused must be given at least 15 days to

prepare for trial, which shall commence within 30 days from receipt of Pre-Trial Order.

185 Accused may move that his witnesses be examined

186 Defense witnesses examined by any judge or lawyer
187 Prosecution witnesses, if they would be unable to attend trial, may be examined
by the judge handling the case
188 Trial continues from day to day, unless postponed for a just cause
189 Prosecution presents evidence

à Presentation
à Testimonies: direct examination

à Cross-examination

à Re-cross

à Offer

190 Accused may move for discharge

191 Prosecution rests
192 Defense may, with or without leave of court, file a demurrer to evidence
193 Defense presents evidence
194 Defense rests
195 Prosecution presents rebuttal evidence
196 Defense presents rebuttal evidence
197 Trial is closed; case is submitted for judgment

3. When mistake made in charging proper offense

198 If Accused cannot be convicted of offense charged or offense necessarily

included therein
199 Accused detained, not discharged
200 Original case dismissed upon filing of proper information

à Example: Charged with theft. At trial, appears that offense is estafa. The prosecution
can ask for the dismissal of the info in order to file a new one for estafa. No Double
Jeopardy because no valid info in the first case.

4. Application for examination of witnesses for accused before trial

201 Sick or infirm; unable to attend trial

202 Resides more than 100 km. from means of trial; no means to attend

5. Application (prosecution)

203 Sick or infirm

204 Has to leave the RP with indefinite date of returning

6. Requisites for postponement due to absence of a witness

205 Witness is really material and appears to the court to be so

206 Party who applies for postponement has not been guilty of neglect
207 Witness can be had at the time to which the trial has been deferred
208 No similar evidence could be obtained

7. Requisites to discharge of an accused as State Witness

 209 Testimony of accused absolutely needed
210 No other direct evidence available EXCEPT his testimony
211Testimony can be corroborated on material points
212 Accused does not appear to be most guilty
213 Accused has never been convicted of offense involving moral turpitude

à Discharge of accused, when not all the requisites were met, cannot be revoked as long
as he testified according to what was expected of him (People vs. Aninon)

8. Remedies

a. Motion for separate trials

à Filed by the fiscal to try several accused separately

à Granted at the court’s discretion

à May also be ordered by the court motu proprio

b. Motion to consolidate

à Upon the court’s discretion, separate charges may be tried in one single case if the
offenses charged arise form the same facts or form part of a series of similar offenses

à Court allowed consolidation of rape cases substantially committed in the same manner
(People vs. David)

c. Motion for continuance – filed to postpone trial for just cause

d. Motion to exclude public

à Excluding parties, counsels and court personnel

à May also be ordered by court motu proprio

e. Motion for discharge

à Filed before the prosecution rests

à Hearing to determine existence of requisites for discharge

à Prosecution will present evidence and the sworn statement of the proposed state
witness

à Evidence adduced in this said hearing automatically form part of trial; however, if
court denies motion for discharge, his sworn statement shall be inadmissible in evidence.
à Discharge of the accused has the effect of acquittal, unless accused fails or refuses to
testify against his co-accused in accordance with his statement (which formed the basis
for his discharge)

f. Demurrer to evidence

à May be made after the prosecution rests its case

à If the court finds the prosecution’s evidence insufficient, the case will be dismissed

à Otherwise, if demurrer denied

214 If the demurrer was made with leave of court, defense gets to present evidence
215 If the demurrer was made without leave of court, defense is deemed to have
waived the right to present evidence and the case is submitted for judgment

à Case may also be dismissed motu proprio

g. Motion to reopen

à Filed after the case is submitted for judgment but before judgment is actually rendered

à To allow either side to present additional evidence, if such could not be found before

à Granted on discretion of the judge

à The accused cannot move to reopen the case to allow him to adduce evidence in his
behalf when his failure to adduce them during the trial was his own fault (People vs.
Cruz)

Rule 120 Judgment

1. Judgment – adjudication by the court that the accused is guilty or not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided by
law on the accused

2. General Rule: If the accused is found not guilty, he will be acquitted and the acquittal
immediately becomes final and executory. If the accused is found guilty, penalty and
civil liability will be imposed on him.

3. Accused may be convicted of

216 The offense charged

217 A lesser offense necessarily included in the offense charged

à Accused cannot be convicted for an offense graver than that charged (People vs.
Guevarra)
4. Contents

218 Written in official language

219 Personally prepared and signed by the judge
220 Contains facts proved
221 Contains law upon which judgment is based

à In case of conviction, judgment must state:

222 Legal qualification of offense and aggravating and mitigating circumstances

223 Level of participation
224 Penalty imposed
225 Civil liability for damages, unless right to separate civil action has been reserved

à In case of acquittal, judgment must state:

226 Civil liability for damages, unless acts alleged clearly did not exist
227 Basis of liability

5. Procedure

228 Judge reads judgment in presence of accused

229 If judgment is of acquittal
230 It becomes final and executory
231 It bars subsequent prosecution for the same offense

c. If judgment is of conviction, remedy is to file:

232 Motion for reconsideration

233 Motion for new trial
234 Notice of appeal

à Or else, judgment becomes final and is entered in the book of Judgments

6. When judgment in a criminal case becomes final:

235 After lapse of period for perfecting an appeal; or

236 When sentence partially or totally satisfied or served; or
237 Accused has expressly waived in writing his right to appeal, EXCEPT in cases
of automatic review where death penalty is imposed
238 Accused has applied for probation

7. Only a judgment in conviction can be modified or set aside

239 Before judgment had been final (otherwise double jeopardy);

240 Before appeal had been perfected; or
241 To correct clerical errors in the judgment
8. Remedies

a. Appeal

à Filed within 15 days of promulgation of judgment

à Period is interrupted by filing of a motion for new trial or reconsideration

à On motion of accused or at its own instance with consent of the accused

b. Motion for reconsideration

à Filed when there are errors of law or fact in the judgment

à Shall require no further proceedings

à Notice should be given to the fiscal

c. Motion for new trial

à Notice should be given to the fiscal

à Filed on the following grounds:

242 Error of law or irregularities have been made during trial which are prejudicial to
the substantial rights of the accused

ii. New evidence has been found which could not have been found before and which
could change the judgment

9. Procedure for new trial

243 Hearing shall be set and held

244 All evidence not alleged to be in error shall stand
245 New evidence will be introduced
246 Old judgment may be set aside and a new one rendered

10. Notes:

à Suspension of sentence for youthful offenders – after conviction, minor is committed to

custody and care of DSWD or any training institution until reaches 21 years of age, or a
shorter period

à Probation – disposition under which a defendant after conviction and sentences, is

released subject to conditions imposed by the court and to the supervision of a probation
officer
à Parole – the conditional release of an offender from a penal or correctional institution
after he has served the minimum period of his prison sentence under the continued
custody of the state and under conditions that permit his reincarceration if he violated the
conditions of his release

Rule 121 New Trial or Reconsideration

1. Reopening of the case

247 Made by the court before judgment is rendered in the exercise of sound
discretion
248 Does not require consent of accused
249 May be made at the instance of either party who can thereafter present additional
evidence

2. Motion for new trial

250 Filed after judgment is rendered but before the finality thereof
251 At the instance or with the consent of the accused
252 The prosecution can move only for the reconsideration of the judgment but
cannot present additional evidence

3. Motion for New Trial is denied if:

253 Only impeaching evidence is sought to be introduced as the court had already
passed upon issue of credibility
254 Only corroborative evidence is offered
255 Prisoner admits commission of crime with which accused is charged (facility
with which such confession can be obtained and fabricated)
256 Alleged new evidence is inherently improbable and could easily be concocted
257 Alleged new evidence consists of recantations of prosecution witness, due to
unreliability of such recantations, EXCEPT if no other evidence to sustain conviction
aside from recanted testimony

4. New Trial vs. Reconsideration

à Motion for recon is based on the grounds of errors of law in the judgment is court is
not asked to reopen the case for further proceedings, but to reconsider its findings or
conclusions of law and make them conformable to the law applicable to the case on the
judgment the court has to render anew.

5. New Trial vs. Modification of Judgment

à In New Trial, irregularities are expunged from the record and/or new evidence is
introduced. In modification of judgment, no new hearings or proceedings of any kind or
change in the record or evidence. A simple modification is made on the basis of what is
on the record.

6. New Trial vs. Reopening of the Case

à New trial presupposes that existence of a judgment to be set aside upon the granting of
a new trial

à In reopening, no judgment has yet been rendered, although the hearing may have
already been closed

7. Motion for Reconsideration

à Grounds are errors of law or fact in judgment, which require no further proceedings.

8. Effects of Granting Motion for New Trial or Reconsideration

a. Based on error of law or irregularities during trial:

à Proceedings and evidence not affected by irregularities stand, and those affected are set
aside. Court may allow introduction of new evidence

b. Based on newly discovered evidence:

à Evidence already taken shall stand; new evidence taken with the old

Rule 122 Appeal

1. Procedure

a. Filed with RTC, if original case was with MTC

à Notice served to lower court and to adverse party

b. Filed with the CA or SC, if original case was with RTC

i. With CA: notice of appeal with court, and with copy on adverse party

à If CA is of opinion that penalty should be reclusion perpetua or higher, it shall render

judgment imposing said penalty, but refrain from entering judgment and then certify the
case and the entire record thereof to the SC for review (R124, §13)

à CA may reverse, affirm, or modify judgment of RTC, or remand case for new trial or
re-trial, or dismiss the case

à If RTC decided case in appellate jurisdiction: Petition for Review

ii. With SC: notice of appeal where penalty imposed is life imprisonment, or lesser
penalty involving offenses committed on the same occasion, or arising out of same
occurrence where graver penalty of death is available but life imprisonment is imposed;
all other cases, by petition for review on certiorari

à If death penalty, automatic review

iii. Withdrawal of appeal

à May be made at any time before judgment on the appeal is rendered

à Lower court judgment becomes final

à Case remanded for execution of judgment

à Once notice of appeal is filed, cannot be validly withdrawn to give way for a Motion for
Recon or a Motion for New Trial, since the filing of the notice perfected the appeal, and
the trial court loses its power to modify or set aside the judgment. The only valid
withdrawal of an appeal is where the accused decides to serve his sentence.

2. Effect of appeal by any of several accused

258 Shall not affect those who did not appeal, EXCEPT if favorable and applicable
to them
259 Civil appeal by offended party shall not affect criminal aspect of judgment
260 Execution of judgment on appellant will be stayed upon perfection of appeal

3. When appeal by prosecution from order of dismissal of criminal case will not result in
double jeopardy

261 Dismissal made upon motion or with express consent of the accused
262 Dismissal is not an acquittal nor based upon consideration of the evidence or
merits of the case
263 Question to be passed upon by the appellate court is purely legal so that if the
dismissal is found incorrect, the case has to be remanded to the court of origin to
determine the guilt or innocence of the accused

4. When serving sentence, remedy is to petition for habeas corpus

264 Filed when the law under which the accused was convicted is repealed or
declared unconstitutional
265 When a later judgment is rendered acquitting others for similar circumstances

à Otherwise, equal protection is violated

266 When penalty is lowered and convict has already served more than the
maximum period of the new penalty
à Habeas corpus is available when a person is imprisoned beyond the maximum penalty
imposed by law (Gumabon vs. Dir. of Prisons)

NOTE: When dismissal is capricious, certiorari lies and no double jeopardy since validity
and not correctness of dismissal is being challenged.

Rule 126 Search and Seizure

1. Search warrant – an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search
for personal property described therein and bring it before the court

à Cannot be issued to look for evidence (Uy Khetin vs. Villareal)

à Seizing objects to be used as evidence is equivalent to forcing one to be a witness

against himself (Uy Khetin vs. Villareal)

à For a warrant to be valid, it must meet the requirements set by law (Burgos vs. Chief of
Staff)

à Tapping conversations is equivalent to a search and seizure (US vs. Katz)

2. General Rule: No search or seizure can be conducted unless it is authorized by a search

warrant. Evidence gathered from an illegal search and seizure is inadmissible.

à Warrantless searches are illegal, unreasonable and unconstitutional (Alvarez vs. CFI)

à It is not the police action which is impermissible, but the procedure and unreasonable
character by which it is exercised (Guazon vs. de Villa)

à Court gains jurisdiction over items seized by a valid search warrant and returned to it,
and such is not an unconstitutional deprivation of property (Villanueva vs. Querubin)

à Evidence from an illegal search may be used as evidence, if no objection is raised

(Stonehill vs. Diokno)

à Right against unreasonable search and seizure may be waived, but for the waiver to be
effective:

267 The right must exist

268 Person must be aware of the right
269 Person clearly shows the intent to relinquish such right

à No waiver against unreasonable search and seizure when one compromises the
criminal proceedings (Alvarez vs. CFI)
à There is no waiver of right when evidence of coercion is present (Roan vs. Gonzales)

3. Requisites of a valid search warrant

a. Issued upon probable cause

à Probable cause – such facts and circumstances which would lead a reasonably prudent
man to believe that a crime has been committed and the thing to be searched for and
seized is in the place to be searched

b. Probable cause is personally determined by the issuing judge

à Hence, signed by him

à By any RTC, to be served anywhere in the country, for an offense which occurred
anywhere in the country (Malaloan vs. CA)

c. Issuing judge personally examined, in the form of searching questions, the appellant
and his witness and took down their written depositions

d. Search warrant particularly describes or identifies the property to be seized

à Property which men may lawfully possess may not be the object of a search warrant
(Uy Khetin vs. Villareal)

à Nature of goods may allow description to be general or not too technical (Alvarez vs.
CFI)

e. Particularly describes the place to be searched

f. It shall issue only for one specific offense

à Otherwise, cannot be said to have issued upon probable cause (Asian Surety vs.
Herrera)

à Absence of specific offense makes impossible determination of probable cause

(Stonehill vs. Diokno)

g. Was not issued for more than 10 days prior to a search made pursuant thereto (search
warrant becomes void after 10 days)

h. Indicates time, if to be served at night

4. When a search warrant may be said to particularly describe the thing to be seized

270 Description is as specific as circumstances allow

271 Expresses a conclusion of fact by which the warrant officer may be guided
 272 Things described are limited to those which bear a direct relation to the offense
for which the warrant is issued

5. Procedure

a. Complainant files application, attaches affidavits

à Oath requires that the person taking it personally knows the facts of the case (People
vs. Sy Juco)

à Affidavits submitted must state that the premises is occupied by the person against
whom the warrant is issued, that the objects to be seized are fruits or means of
committing a crime, and that they belong to the same person, thus, not affecting third
persons (People vs. Sy Juco)

à When complainant’s knowledge is hearsay, affidavits of witnesses are necessary

(Alvarez vs. CFI)

b. Judge conducts ex parte preliminary examination of complainant and witnesses under

oath to determine probable cause

à Judge must ask probing questions, not just repeat facts in the affidavit (Roan vs.
Gonzales)

c. Judge issues search warrant good for 10 days

d. Peace officer in presence of occupant, members of the family OR 2 witnesses of

sufficient age and discretion residing in the same locality

à Search may last for more than a day as long as it is part of the same search for the same
purpose and of the same place (Uy Khetin vs. Villareal)

e. Peace officer leaves receipt with occupant at place searched

f. Peace officer files return of search warrant and inventory, and surrenders items seized
to receiving court (not necessarily court which issued the warrant)

à Items seized illegally must remain in custodia legis pending resolution of the case
(Roan vs. Gonzales)

6. Remedies from an unlawful search

273 MTQ the warrant

274 Motion to suppress as evidence the objects illegally taken
275 Return of property illegally seized
7. When a search may be validly conducted without a warrant

276 Without consent of person searched

277 When the search is incident to a lawful arrest
278 Personal knowledge of the arresting person (Posadas vs. CA)
279 Limited to:

(1) Immediate time of arrest

(2) Immediate vicinity of the arrest

(3) Weapons and things which may be used as proof of offense charged (Nolasco vs.
Pano)

iii. Subject in an offense which is mala prohibita cannot be summarily seized (Roan vs.
Gonzales)

iv. May extend beyond arrestee to include premises and surrounding under his immediate
control

280 Border searches (customs, mail and airport)

281 Vessels and aircrafts for violation of Tariff and Customs Code, EXCEPT
dwelling houses
282 Plain view
283 Moving vehicle
284 Hot pursuit
285 Stop-and-frisk, reasonable check-points
286 Private searches with no state action (People vs. Marti)
287 Inspection of building and premises for enforcement of fire, sanitary and
building regulations

8. Person making the arrest may take from the arrestee

288 Properties used in the commission of the crime

289 Fruits or proceeds thereof
290 Property which may furnish the arrestee with a weapon against the arresting
person
291 Property which may be used as evidence at the trial

9. NOTES:

à Constitution, Art. III, Sec. 2

The right of the people to be secure in their persons, papers, houses and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

à Constitution, Art. III, Sec. 3

292 The privacy of communication and correspondence shall be inviolable except

upon lawful order of the court, or when public safety or order requires otherwise as
prescribed by law.
293 Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in the proceeding.

Rule 127 Provisional Remedies in Criminal Cases

1. Attachment as provisional remedy in criminal cases

294 Accused is about to abscond from RP

295 Criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to the use of the accused who is a public officer,
or any officer of a corporation, or an attorney, factor, broker, agent or clerk in a
fiduciary capacity, in willful violation of duty
296 Accused has concealed, removed or disposed of his property, or is about to do so
297 Accused resides outside the RP