CRIMINAL PROCEDURE

Lecture Notes

A. General Matter

Q: What is criminal procedure?

A: Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense and for their punishment, in case of conviction.

Criminal Jurisdiction: Concept and Requisites for Exercise of Criminal Jurisdiction

Q: What is criminal jurisdiction?
A: Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment
for it. (De Lima vs. Guerrero, G.R. No. 229781, 10 October 2017)

Q: What are the requisites for a court to acquire jurisdiction to try a criminal case?
A:
1. The offense is one which the court is by law Authorized to take cognizance of;
2. The offense must have been committed within its Territorial jurisdiction; and
3. The Person charged with the offense must have been brought in to its forum for trial, forcibly by
warrant of arrest or upon his voluntary submission to the court (Antiporda Jr. vs. Garchitorena,
G.R. No. 133289, 23 December 1999)

Q: Is venue an element of criminal jurisdiction?

A: YES. Venue is an essential element of jurisdiction in criminal cases. It determines not only the place
where the criminal action is to be instituted, but also the court that has the jurisdiction to try and hear the
case. The reason for this rule is two-fold:
1. The jurisdiction of trial courts is limited to well-defined territories such that a trial court can only
hear and try cases involving crimes committed within its territorial jurisdiction;
2. Laying the venue in the locus criminis is grounded on the necessity and justice of having an
accused on trial in the municipality of province where witnesses and other facilities for his
defense are available. (Union Bank of the Phil. vs. People, G.R. No. 192565, 28 February 2012)

Jurisdiction over the Subject Matter Jurisdiction over the Person of the
Accused
As to the Nature
The power to hear and determine the general class The power of a court to try a case with binding
to which the proceeding in question belong. effect as against an accused.
(Mitsubishi Motors PHL Corp. vs. BOC, G.R. No.
209830, 17 June 2015)
As to how Jurisdiction is Acquired
This is conferred by law and, unlike jurisdiction Jurisdiction over the person of the accused may be
over the parties, cannot be conferred on the court acquired either through compulsory process, such
by the voluntary act or agreement of the parties. as when he surrenders to the police or to the
(De Joya vs. Marquez, G.R. No. 162416, 31 court. (Miranda vs. Tuliao, G.R. No. 158763, 31
January 2006) March 2006)
As to Objection of the Jurisdiction
Lack of jurisdiction over the subject matter can Any objection involving the arrest or the
always be raised anytime, even for the first time procedure in the court’s acquisition of jurisdiction
on appeal, since jurisdictional issues cannot be over the person of an accused must be made
waived subject, however, to the principle of before he enters his plea; otherwise, the objection
estoppel by laches. (Boston Equity Resources, Inc. is deemed waived. (People vs. Badilla, G.R. No.
vs. CA, G.R. No. 173946, 19 June 2013) 218578, 31 August 2016)

Q: May a defective information be amended to vest jurisdiction upon the court?

A: It depends on whether the amendment is to be made before or after arraignment:
Before arraignment After arraignment
Jurisdictional defects in an information may be Amendment of an information to vest jurisdiction
cured by an amendment. (Dio vs. People, G.R. No. upon the court cannot be allowed. (Agustin vs.
208146, 8 June 2016) Pamintuan, G.R. No. 164938, 22 August 2005)
CRIMINAL PROCEDURE
Lecture Notes

Outline of the Criminal Jurisdiction of Courts

Criminal Municipal Trial Courts
Cases
Exclusive 1. Offenses punishable with imprisonment not exceeding 6 years irrespective of the
Original amount of fine and regardless of other imposable accessory or other penalties,
including the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value or amount thereof. [BP 129, Sec. 32(2)]

Note: The rule disregarding the amount of the fine and other accessory penalties
applies where the offense is punishable by imprisonment or fine or both, but not
when the offense is punishable by fine only.

Note: The jurisdiction of the MTC is qualified by the phrase “Except in cases
falling within the exclusive jurisdiction of the RTC and of the Sandiganbayan.” This
indicates that the MTC does not at all times have jurisdiction over offenses
punishable with imprisonment not exceeding 6 years if jurisdiction is vested by law
either in the RTC, e.g., libel, or Sandiganbayan, e.g., bribery.

2. Where the only penalty provided for by law is a fine not more than P4,000
(Administrative Circular 09-94)

3. Offenses involving damage to property through criminal negligence [BP 129, Sec.
32(2); RA 7691]

4. Those covered by the Rules on Summary Procedure:

a. Violations of traffic laws, rules and regulations;
b. Violations of the rental law;
c. Violations of municipal or city ordinances;
d. Violations of BP 22 (A.M. No. 00-11-01-SC);
e. All other criminal cases where the penalty is imprisonment not exceeding 6
months and/or P1,000 fine irrespective of other penalties or civil liabilities
arising therefrom; and
f. Offenses involving damage to property through criminal negligence where
the imposable fine does not exceed P10,000.
Special Special jurisdiction on applications for bail in criminal cases in the absence of all RTC
judges in a province or city (BP 129, Sec. 35)

Criminal Regional Trial Court

Cases
Exclusive 1. Criminal cases not within the exclusive jurisdiction of any court, tribunal or body,
Original except those falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan;
2. Offenses the imposable penalty for which exceeds 6 years imprisonment;
3. In cases where the only penalty is a fine exceeding P4,000 (Adm. Cir. 09-94)
4. Criminal cases under specific laws:
a. Libel cases even though punishable by prision correccional (Art. 360, RPC;
People vs. Eduarte, G.R. No. 88232, 26 February 1990);
b. Jurisdiction of designated courts over cases in violation of the
Comprehensive Dangerous Drugs Act of 2002 as provided in Section 90
thereof; and
c. Violation of intellectual property rights.
5. All cases on money laundering except those falling under the jurisdiction of the
Sandiganbayan; and
6. Election offenses.

Family Court – Criminal cases where:

CRIMINAL PROCEDURE
Lecture Notes

1. One or more of the accused is/are below 18 years of age but not less than 9 years of
age; or
2. Where one of the victims is a minor at the time of the commission of the offense;
3. Cases against minors cognizable under the Dangerous Drugs Act;
4. Violations of R.A. No. 7610 (Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act) as amended by R.A. No. 7658; and
5. Cases of domestic violence against women and children.
Appellate All cases decided by the MTCs in their respective territorial jurisdictions.
Special To handle exclusively criminal cases as designated by the Supreme Court.

Criminal Sandiganbayan
Cases
Exclusive 1. Violations of:
Original a. R.A. No. 3019 (Anti-Graft and Corrupt Practices Act);
b. R.A. No. 1379 (Ill-Gotten Wealth);
c. Chapter 2, Section 2, Title 7, Book 2 of the RPC (Bribery, etc.) where one or
more of the accused are official occupying the following positions in the
government, whether permanent, acting or interim capacity, at the time of
the commission of the offense:
i. Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher of the
Compensation and Position Classification Act of 1989;
ii. Members of Congress and officials thereof classified as Grade 27 and
up under the Compensation and Position Classification Act of 1989;
iii. Members of the judiciary without prejudice to the provisions of the
Constitution;
iv. Chairmen and members of the Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
v. All other national and local officials classified as Grade 27 and higher
under the Compensation and Position Classification Act of 1989.

Note: It is not only the salary grade that determines the jurisdiction of the
Sandiganbayan. The salary grade has no reference for example to provincial
governors, vice governors or members of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, directors or managers of the GOCCs, city mayors, vice
mayors, city treasurers, assessors, engineers, trustees of state universities, and
other officials enumerated in Sec. 4(1)(a) from letters a-g of P.D. No. 1606, as
amended.

2. Other offenses or felonies whether simple or complexed with other crimes

committed by the public officials and employees mentioned in subsection (a) in
relation to their office.
3. Cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14 and 14-A
(Sequestration cases), issued in 1986.
4. Money laundering cases (R.A. No. 9160, Sec. 5) committed by public officers and
private persons who are in conspiracy with such public officers.
Appellate Appeals from final judgments, resolutions or orders of regional trial courts whether in
the exercise of their own jurisdiction or of their appellate jurisdiction where all the
accused are occupying positions lower than salary grade 27 or not otherwise covered by
the preceding enumeration.

Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunction and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under E.O. Nos. 1, 2, 14 and 14-A,
issued in 1986: Provided, that the jurisdiction over these petitions shall not be
CRIMINAL PROCEDURE
Lecture Notes

exclusive of the Supreme Court.

Criminal Court of Appeals

Cases
Exclusive Crimes of terrorism
Original
Concurrent With the SC:
Petitions for certiorari, prohibition, and mandamus against the RTCs.

With the SC & RTC:

Petitions for certiorari, prohibition, and mandamus against the MTCs.
Appellate By Notice of Appeal:
1. From the RTC in the exercise of its original jurisdiction, except those appealable to
the Sandiganbayan, CTA, and SC; and
2. From the RTC where penalty imposed is reclusion perpetua or life imprisonment
or where a lesser penalty is imposed but for offenses committed on the same
occasion or which arose out of the same occurrence that gave rise to the more
serious offense for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed. (ROC, Rule 22, Sec. 3, as amended by A.M. No. 00-5-
03-SC)

By Automatic Review, i.e., no Notice of Appeal is necessary:

From the RTC, in cases where the death penalty is imposed.

By Petition for Review under Rule 42:

From the RTC in cases appealed thereto from lower courts and not appealable to the
Sandiganbayan.

Criminal Supreme Court

Cases
Exclusive Petition for certiorari, prohibition, and mandamus against CA and Sandiganbayan.
Original
Concurrent With the CA:
Petitions for certiorari, prohibition, and mandamus against the RTCs.

With the CA & RTC:

Petitions for certiorari, prohibition, and mandamus against the MTCs.
Appellate By Petition for Review on Certiorari:
1. From the CA;
2. From the Sandiganbayan; and
3. From the RTC where only an error or question of law is involved.

Note: Where the penalty imposed is reclusion perpetua or life imprisonment, appeal
should be made to the CA, not the SC. (People vs. Mateo, G.R. No. 147678-87, 7 Jul.
’04)

Q: With respect to the jurisdiction of the Sandiganbayan, when is an offense deemed

committed “in relation to one’s office?”
A: The office must be a constituent element of the crime as defined in the statute. But even if the office is
not an element of the crime, it is deemed committed in relation to one’s office if he perpetrates the offense
while performing, though in an improper or irregular manner, his official functions and he cannot commit
the offense without holding his public office. The test is whether the information alleges an intimate
connection between the offense charged and the office. (Crisostomo vs. Sandiganbayan, G.R. No. 152398,
14 April 2005)
CRIMINAL PROCEDURE
Lecture Notes

Q: Does the Sandiganbayan have jurisdiction over a complaint for malversation involving
public officials, one with SG27 and other SG24, and a private individual?
A: YES. Under the last paragraph of Sec. 2 of R.A. No. 7975, if the position of one of the principal accused
is classified as SG27, the Sandiganbayan has original and exclusive jurisdiction over the offense. (Barriga
vs. Sandiganbayan, G.R. Nos. 161784-86, 26 April 2005)

Q: In election offenses committed by public officers with SG27 or higher, which court has
jurisdiction—the RTC or the Sandiganbayan?
A: The Omnibus Election Code provides that the RTC shall have exclusive original jurisdiction to try
election offenses (Sec. 268), whether committed by a private individual or public officer or employee, and
in the latter instance, irrespective of whether the offense is committed in relation to his official duties or
not. It is the nature of the offense and not the personality of the offender that matters. (Corpus vs.
Tanodbayan, G.R. No. L-62075, 15 April 1987)

B. Prosecution of Offenses (Rule 110)

Criminal Actions, How Instituted

Q: How are criminal actions instituted?
A: Criminal actions shall be instituted as follows:

Offenses where a preliminary By filing the complaint with the proper officer for the purpose of
investigation is REQUIRED conducting the requisite preliminary investigation;
Offenses where a preliminary By filing the complaint or information directly with the MTCs/MCTCs,
investigation is NOT or with the office of the prosecutor. In Manila and other chartered
REQUIRED cities, the complaint shall be filed with the office of the prosecutor,
unless otherwise provided in their charters. (ROC, Rule 110, Sec. 1)

Q: What is the effect of the filing of a criminal action on the period of prescription of
offenses?
A: The institution of a criminal action shall interrupt the running of the period of prescription of the
offense charged unless otherwise provided in special laws. (ROC, Rule 110, Sec. 1)

Q: What is a complaint?
A: A complaint is a sworn 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. (ROC, Rule 110,
Sec. 3)

Q: What is an information?
A: An information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court. (ROC, Rule 110, Sec. 4)

Complaint Information
As to the Signing Party
It may be signed by the offended party, any peace It is always signed by the prosecuting officer.
officer, or other public officer charged with the
enforcement of the law violated.
As to Necessity of Oath
It must be sworn to by the person signing it. It need not be under oath since the prosecuting
officer filing it is already acting under his oath of
office.
As to Where it is Filed
It may be filed either with the office of the It is always filed with the court.
prosecutor or with the court.
CRIMINAL PROCEDURE
Lecture Notes

Q: In case of variance between the complaint filed by the offended party and the
information in crimes against chastity, which shall prevail?
A: In case of variance between the complaint filed by the offended party and the information in crimes
against chastity, the complaint controls. The failure of the information to state that accused raped the
victim “through force or intimidation” is not a fatal omission because the complaint alleged the ultimate
fact that the accused raped the victim “by means of force”. So, at the outset, accused could have readily
ascertained that he was being accused of rape committed through force, a charge that sufficiently
complies with Art. 355 (People vs. Mendez, G.R. No. 132546, 5 July 2000)

Who may file them; Crimes that cannot be prosecuted de officio

Q: What are the crimes that must be prosecuted upon complaint of the offended party?
A: [CASAL-D]
1. Concubinage and Adultery – The criminal action should be initiated by the offended spouse, who
should have the status, capacity and legal representation at the time of the filing of the complaint.
2. Seduction, Abduction, and Acts of Lasciviousness – The criminal action is to be initiated
exclusively and successively by the following persons in the following order:
a. By the offended woman;
b. By the parents, grandparents or legal/judicial guardians of the offended woman in the
successive order, if the offended party is incompetent or incapable of doing so;
c. By the State pursuant to the doctrine of Parens Patriae, when the offended party dies or
becomes incapacitated before she could file the complaint and she has no known parents,
grandparents, or guardian; and
3. Defamation imputing to a person any of the following crimes of concubinage, adultery, seduction,
abduction or acts of lasciviousness can be prosecuted only by the party or parties defamed. (ROC,
Rule 110, Sec. 5)

Control of Prosecution
Q: Who shall prosecute criminal actions?
A: All criminal actions commenced either by complaint or information shall be prosecuted under the
direction and control of the public prosecutor (ROC, Rule 110, Sec. 5)

Q: When may a private prosecutor be allowed to prosecute a criminal action?

A: The prosecution may be allowed to a private prosecutor upon compliance with the following
conditions:
1. The public prosecutor has a heavy work schedule, or there is no public prosecutor assigned in the
province or city;
2. The private prosecutor is authorized in writing by the Chief of the Prosecutor Office or the
Regional State Prosecutor (RSP);
3. The authority of the private prosecutor must be approved by the court;
4. The private prosecutor shall continue to prosecute the case until the end of the trial unless the
authority is withdrawn or otherwise revoked;
5. In case of the withdrawal or revocation of the authority of the private prosecutor, the same must
be approved by the court. (A.M. No. 02-2-07-SC; DOJ Memorandum Circular No. 25)

Q: When may a private prosecutor be allowed to prosecute the civil liability?

A: In cases where only the civil liability is being prosecuted by a private prosecutor, the head of the
prosecution office must issue in favor of the private prosecutor a written authority to try the case even in
the absence of the public prosecutor. The written authority must be submitted to the court prior to the
presentation of evidence by the private prosecutor in accordance with Sec. 5, Rule 110 (A.M. No. 15-06-10-
SC, Revised Guidelines for Continuous Trial of Criminal Cases, effective 1 Sept. 2017)

Sufficiency of Complaint or Information

Q: When is a complaint or an information deemed sufficient?
A: A complaint or information shall be sufficient if it states the following: [NN-DAD-PM]
1. Name and surname of the accused, or any appellation or nickname by which he is known or has
been known;
2. The Name of the offended party;
CRIMINAL PROCEDURE
Lecture Notes

3. The approximate Date of the commission of the offense;

4. The Acts or omissions complained of as constituting the offense;
5. The Designation of the offense;
6. The Place where the offense was committed; and
7. When an offense is committed by More than one person, all of them shall be included in the
complaint or information (ROC, Rule 110, Sec. 6)

Designation of Offense
Q: State the requirements as to the designation of the offense.
A: The information or complaint shall state:
1. The designation of the offense given by the statute.
Note: If there is no designation of the offense, reference shall be made to the section of the
statute punishing it.
2. The acts or omissions constituting the offense; and
3. The specific qualifying and aggravating circumstances. (ROC, Rule 110, Sec. 8)

Q: What is the effect of an erroneous designation or failure to make the designation of the
offense?
A: The erroneous specification of the law violated, or the failure to mention the specific provision
penalizing the act, does not vitiate the information if the facts alleged therein clearly recite the facts
constituting the crime charged. The recital of the ultimate facts and circumstances in the complaint or
information determines the character of the crime and not the caption or preamble of the information, or
the specification of the provision of the law alleged to have been violated. (People vs. Donio, G.R. No.
212815, 1 March 2017)

Q: What is the effect when a qualifying or an ordinary aggravating circumstance is

attendant in the offense but not specified in the information?
A: The aggravating circumstance cannot be appreciated in determining the penalty to be imposed. It is in
order not to trample on the constitutional right of an accused to be informed in the nature of the alleged
offense that he or she has committed. However, in the civil aspect, an aggravating circumstance, even if
not alleged in the information, but proven during trial may be made basis for an award of exemplary
damages. (People vs. Jugueta, G.R. no. 202124, 5 April 2016)

Cause of the Accusation

Q: How should a cause of action be alleged in the complaint or information?
A: The acts or omissions complained of as constituting the offense and the qualifying and aggravating
circumstances must be stated in the ordinary and concise language and not necessarily in the language
used in the statute but in terms sufficient to enable a person of common understanding to know what
offense is being charged as well as its qualifying and aggravating circumstances and for the court to
pronounce judgment. (ROC, Rule 110, Sec. 9)

Q: Can an accused charged of a complex offense be convicted of one of the component

offenses?
A: YES. Where a complex crime is charged and the evidence fails to support the charge as to one of the
component offenses, the defendant can be convicted of the offense proven. (Briguera vs. People, G.R. No.
229992, 5 June 2017)

Duplicity of the Offense; Exception

Q: What is the rule on duplicity of offenses?
A: A complaint or an information must charge only one offense. (ROC, Rule 110, Sec. 13) An information
is defective if it charges two or more distinct or different offenses. (People vs. CCC, G.R. No. 231925, 19
Nov. 2018)
Rationale:
To give the accused the necessary knowledge of the charge against him and enable him to sufficiently
prepare for his defense. The State should not heap upon the accused two or more charges which might
confuse him in his defense.
CRIMINAL PROCEDURE
Lecture Notes

Q: Is the rule on duplicity of offenses absolute?

A: NO. The following are the exceptions: [V-SECC-2]
1. Crimes susceptible of being committed in various modes;
2. Special complex crimes;
3. Crimes of which another offense is an Element thereof (principle of absorption);
4. Compound and complex crimes;
5. Continuing crimes or delito continuado; and
6. Where a single act violates 2 or more distinct crimes.

Q: What is the remedy of the accused if the information charges two or more offenses?
A: Ordinarily, an information that charges multiple offenses merits a quashal, but the failure of the
accused to raise this issue during arraignment constitutes a waiver, and they could be convicted of as
many offenses as there were charged in the information. (Fajardo vs. People, G.R. No. 190889, 10 January
2011)

Amendment or Substitution of Complaint or Information

Q: Is the amendment to include aggravating circumstances a substantial change which
cannot be done after plea?
A: NO. The insertion of the aggravating circumstances of dwelling and insult or disregard of the respect
due to rank, age or sex of the victim is a formal, not a substantial amendment. These amendments do not
have the effect of charging another offense different or distinct from the charge of murder as contained
in the original information. They relate only to the range of the penalty that the court might impose in the
event of conviction. (People vs. Tubongbanua, G.R. No. 171271, 31 August 2006)

Q: When may a complaint or information be amended?

A:
GR: Any amendment, formal or substantial, may be done without
need for leave of court. However, where the amendment downgrades
If made before the plea the nature of the offenses charged or excludes any accused from the
complaint or information, the amendment can be made only upon
motion by the prosecutor, with notice to the offended party, and with
leave or court.
Only formal amendments may be made and it shall require leave of
court and such amendment should not be prejudicial to the rights of
If made after the plea the accused. When a fact supervenes which changes the nature of the
crime charged in the information, or upgrades it to a higher crime, a
substantial amendment may be made with a need for a re-arraignment
of the accused under the amended information. (ROC, Rule 110, Sec.
14)

Q: What are the instances when an information may be substituted?

A: If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or information upon the filing of a new one
charging the proper offense, provided the accused shall not be placed in double jeopardy. (ROC, Rule 110,
Sec. 14)

Amendment Substitution
As to its Applicability
It applies to both form and substance. It applies only to substantial changes in the
original charge because a new complaint or
information is charged as a substitute for the
original charge.
As to Necessity of Leave of Court
Amendment before the plea has been entered can Substitution of information must be with leave of
be effected without leave of court. court as the original information has to be
dismissed.
CRIMINAL PROCEDURE
Lecture Notes

Amendment after the plea can be effected only

when there is leave of court. (Rule 110, Sec. 14)
As to Necessity of Another Preliminary Investigation
When amendment is as to form, there is no need There is a need for another preliminary
for another preliminary investigation. investigation and the accused has to plead anew
to the new complaint or information.
As to Applicability of Rule on Double Jeopardy
It involves the same offense originally charged or It presupposes that the new information involves
to an offense which necessarily includes or is a different offense which does not include or is not
necessarily included in the original charge, hence, included in the original charge, hence, the accused
substantial amendments to the information after cannot claim double jeopardy. (ROC, Rule 117,
the plea has been taken cannot be made over the Sec. 3)
objection of the accused, for if the original
information would be withdrawn, the accused
could invoke double jeopardy.

Venue of Criminal Actions

Q: Where should a criminal action be instituted?
A: GR: The criminal action shall be instituted in the courts of the municipality or territory where the
offense was committed or any of its essential ingredients occurred. The following are the exceptions:
1. When an offense is committed on a railroad train, in an aircraft, or in any other public or
private vehicle in the course of its trip – The criminal action may be instituted and tried in the
court of any municipality or territory where such train, aircraft or other vehicle passed during
such trip, including the place of departure and arrival;
2. Where an offense is committed on board a vessel in the course of its voyage – The criminal
action may be instituted and tried in the proper court of the first port of entry or of any
municipality or territory through which the vessel passed during such voyage subject the
generally accepted principles of international law. (Rule 110, Sec. 15)
3. Felonies under Art. 2 of Revised Penal Code shall be cognizable by the proper court where the
criminal action was first filed.
a. Piracy – may be tried anywhere
b. Libel – The action may be instituted at the election of the offended or suing party in the
province or city:
i. Where the libelous article is printed and first published;
ii. If one of the offended parties is a private individual, where said private
individual, where said private individual actually resides at the time of the
commission of the offense;
iii. If the offended party is a public official, where the latter holds office at the time of
the commission of the offense (RPC, Art. 360).
4. In cases filed under BP 22 – The criminal action shall be filed in the place where the check was
dishonored or issued. In case of crossed-check, in the place of depositary or collecting bank;
5. Violations of RA 10175 (Cybercrime Prevention Act of 2012) – RTCs have jurisdiction over any
violation of the provisions of this Act, including any violation committed by a Filipino national,
regardless of the place of commission (RA 10175, Sec. 21)
6. In exceptional circumstances – To ensure a fair trial and impartial inquiry, the SC shall have the
power to order a change of venue or place of trial to avoid miscarriage of justice. (Art. VIII, Sec. 5,
par. 4)

Q: Distinguish a transitory offense from a continuing offense

A:
A transitory offense is one where some acts material and essential to the crime occur in
one place and some in another, in which case, the rule is settled that the court of either
Transitory province where any of the essential ingredients of the crime took place has jurisdiction
offense to try the case, such as estafa, malversation or abduction. (People vs. Olermo, G.R. No.
127848, 17 July 2003)
One which, although all the elements thereof for its consummation may have occurred
CRIMINAL PROCEDURE
Lecture Notes

in a single place, yet by reason of the very nature of the offense committed, the
Continuing violation of the law is deemed to be continuing, such as kidnapping, illegal detention
offense where the deprivation of liberty is persistent and continuing from one place to another
and libel where the libelous matter is published or circulated from one province to
another. (In re: Umil vs. Ramos, G.R. No. 81567, 9 July 1990)

Intervention of the Offended Party

Q: May the offended party intervene in the prosecution of a criminal action?
A: YES. The offended party has the right to intervene by counsel in the prosecution of the criminal
action, where the civil action for recovery of civil liability is instituted in the criminal action pursuant to
Rule 111, However the exceptions are: [WARN]
1. Where the offended party has Waived his right to civil indemnity;
2. Where the offended party has Already instituted said action;
3. Where the offended party has Reserved his right to institute a separate civil action (Sec. 16); or
4. Where from the nature of the crime and the law defining and punishing it, No civil liability arises
in favor of the offended party. (Rodriguez vs. Ponferrada, G.R. Nos. 155531-34, 29 July 2005)

C. Prosecution of Civil Action (Rule 111)

Rule on Implied Institution of Civil Action with Criminal Action

Q: What is the general rule governing the institution of criminal and civil actions?
A: The civil action for the recovery of civil liability against the offender is deemed instituted together with
the criminal action. (Rule 111, Sec. 1)
Exceptions: [WAR]
1. When the offended party Waives the civil action;
2. When the offended party has Already previously instituted the civil action prior to the criminal
action; and
3. When the offended party Reserves his right to institute a separate civil action (Rule 111, Sec. 1)

Q: When should the reservation of the right to institute the civil action separately be made?
A: The reservation of the right to institute separately the civil action shall be made before the prosecution
starts presenting its evidence and under circumstances affording the offended party a reasonable
opportunity to make such reservation. (ROC, Rule 111, Sec. 1)

Q: Give the instances where the reservation of the right to institute a civil action separately
is NOT allowed.
A: [22-ST]
1. In criminal actions for violation of BP 22 (Rule 111, Sec. 1, par. b)
2. In criminal actions falling under the jurisdiction of the Sandiganbayan (RA 8249, Sec. 4); and
3. In Tax cases (RA 9282, Sec. 7, (b)(1))

Q: Can the private offended party appeal the civil aspect despite the acquittal of the
accused?
A: YES. If there is an acquittal, an appeal on the criminal aspect may be undertaken only by the State
through the Solicitor General. But the private offended party may appeal the civil aspect despite the
acquittal of the accused in a special civil action for certiorari under Rule 65 of the Rules of Court. (Dela
Rosa vs. CA, G.R. No. 116945, 9 February 1996)

Q: In criminal cases, what does the civil liability consist of?

A:
1. Civil indemnity ex delicto – equivalent to actual or compensatory damages in civil law;
2. Moral damages – to compensate for mental pain and suffering resulting from a wrong; and
3. Exemplary damages – in cases where the offender’s conduct is highly reprehensible or there is
an aggravating circumstances. (People vs. Jugueta, G.R. No. 202124, 5 April 2016)
CRIMINAL PROCEDURE
Lecture Notes

When Civil Action May Proceed Independently

Q: What are independent civil actions?
A: Independent civil actions are those provided under:
1. Article 32, NCC – fundamental rights and liberties
2. Article 33, NCC – cases of defamation, fraud and physical injuries
3. Article 34, NCC – refusal or failure by police force to render aid or protection in case of danger to
life or property
4. Article 2176 – quasi-delict

They may proceed independently of the criminal action and shall require only a preponderance of
evidence. In no case shall the offended party recover damages twice for the same act or omission. (Rule
111, Sec. 3)

Q: In case the private offended party is awarded damages in both the criminal and the
independent civil action, which award shall be paid to him?
A: If the awards made in the two cases vary, the private offended party may recover the greater amount.
This is still in consonance with the rule that the offended party cannot recover damages twice for the
same act or omission. (Ace Haulers Corp. vs. CA, G.R. No. 127932, 23 August 2000)

When Separate Civil Action Suspended

Q: When is the separate civil action suspended?
A: In case the civil action has already been instituted before the criminal action, the civil action shall be
suspended until final judgment in the criminal action is rendered. In such case, the offended party has
the option of consolidating the civil action with the criminal proceeding. (Rule 111, Sec. 2).

The bar on the institution/suspension of the separate civil actions has the following exceptions: [PICE]
1. When the civil action raises a Prejudicial question;
2. In cases of Independent civil actions under Arts. 32, 33, 34, and 2176 of the NCC;
3. Where the civil action is Consolidated with the criminal action; and
4. When the civil action is not one intended to Enforce the civil liability arising from the crime.

Effect of Death of Accused or Convict on Civil Action

Q: What are the effects of the death of the accused on civil actions?
A:
1. If the accused dies before arraignment, the case shall be dismissed without prejudice to any
civil action the offended party may file against the estate of the accused. (People vs. Lipata, G.R.
No. 200302, 20 April 2016);
2. If the accused dies after arraignment and during the pendency of the criminal action,
the civil liability arising from the delict shall be extinguished. (RPC, Art. 89, par. i);
3. If the accused dies during appeal, his civil and criminal liabilities are extinguished. (People vs.
Alison, G.R. No. L-30612, 3 May 1983); and
4. If the accused dies after final judgment, the pecuniary liabilities of the accused are not
extinguished. Claims shall be filed against the estate of the accused. (Rule 86, Sec. 5)

Q: In what cases will civil actions be unaffected by the death of the accused?
A:
1. Where the civil liability is predicated on other sources of obligations (law, contract, quasi-
contract and quasi-delict), or is an independent civil action, the action may be continued against
the estate of the accused after proper substitution is made either as to the relatives or the estate;
and
2. If the civil action has been reserved and subsequently filed or such civil action has been instituted
when the accused died, such civil action will proceed and substitution of parties shall be ordered
by the court. (Rule 3, Sec. 16)

Prejudicial Question
Q: What is a prejudicial question?
CRIMINAL PROCEDURE
Lecture Notes

A: In law, it is understood to be that which arises in a case the resolution of which is the logical
antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.
(Domingo vs. Spouses Singson, G.R. Nos. 203287 & 207936, 5 April 2017)

D. Preliminary Investigation (Rule 112)

Q: What is preliminary investigation?

A: It is an inquiry or proceeding to determine whether there exists sufficient ground to engender a well-
founded belief that a crime has been committed and that the respondent is probably guilty thereof and
should be held for trial. (Rule 112, Sec. 1)

Q: When is preliminary investigation required?

A: Except in cases of lawful warrantless arrests, a preliminary investigation is required to be conducted
before the filing of a complaint or information for an offense where the penalty prescribed by law is at
least 4 years, 2 months and 1 day without regard to the fine. (Rule 112, Sec. 1)

Q: What is the nature of the right of the accused to preliminary investigation?

A: The right to preliminary investigation is not a constitutional right, but is merely a right conferred by
statute. (Serapio vs. Sandiganbayan, G.R. No. 148648, 28 January 2003)

Q: What is meant by probable cause for purposes of preliminary investigation?

A: Probable cause has been defined as the existence of such facts and circumstances as would excite the
belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was prosecuted. (Raro vs. Sandiganbayan, G.R. No. 108431,
14 July 2000)

Q: Who may conduct a preliminary investigation?

A: The following may conduct a preliminary investigation:
1. Provincial or city Fiscal and their assistants;
2. National and regional State Prosecutors;
3. Such Other officers as may be authorized by law:
a. COMELEC
b. Ombudsman
c. PCGG
d. City and Provincial Prosecutors (Rule 112, Sec. 2)

Q: What is the nature and extend of the authority of the Ombudsman to conduct
preliminary investigation?
A: The power to investigate and to prosecute granted by law to the Ombudsman is plenary and
unqualified. It pertains to any act or omission of any public officer or employee when such act or
omission appears to be illegal, unjust, improper or inefficient. The law does not make a distinction
between cases cognizable by the Sandiganbayan and those cognizable by regular courts. (Office of the
Ombudsman vs. Breva, G.R. No. 145938, 10 February 2006)

Note: The Ombudsman’s primary jurisdiction, albeit concurrent with the DOJ, to conduct preliminary
investigation of crimes involving public officers, without regard to its commission in relation to office, had
long been settled in Honasan II vs. The Panel of Investigating Prosecutors of DOJ, G.R. No. 159747, 13
April 2004, and affirmed in subsequent cases. (Busuego vs. Office of the Ombudsman Mindanao, G.R.
No. 196842, 9 October 2013)

Resolution of Investigation Prosecutor

Q: What shall the investigating prosecutor do if he finds probable cause?
A: If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information where he shall certify under oath that:
1. He or an authorized officer personally examined the complainant and his witnesses;
CRIMINAL PROCEDURE
Lecture Notes

2. There is reasonable ground to believe that a crime has been committed and the accused is
probably guilty thereof;
3. The accused was informed of the complaint and the evidence against him; and
4. The accused was given an opportunity to submit controverting evidence. (Rule 112, Sec. 4)

Q: What shall the investigating prosecutor do if he finds no probable cause to hold the
respondent for trial?
A: The investigating prosecutor shall recommend the dismissal of the case. No complaint or information
may be filed or dismissed by an investigating prosecutor without the prior written authority or approval
of the provincial or city prosecutor or the Ombudsman or his deputy. (Rule 112, Sec. 4)

Q: What is the effect when an information was filed by an officer without the requisite
prior authority?
A: Information filed before the courts without the prior written authority or approval of the provincial
or city prosecutor or chief state prosecutor, or the Ombudsman or his deputy constitutes a jurisdictional
infirmity which cannot be cured by silence, waiver, acquiescence, or even by express consent. Hence, such
ground may be raised at any stage of the proceedings. (Quisay vs. People, G.R. No. 216920, 13 Jan. 2016)

Q: What is the remedy of the aggrieved party from the resolution of the investigating
prosecutor?
A: An aggrieved party may appeal by filing a verified petition for review with the Secretary of Justice,
and by furnishing copies thereof to the adverse party and the Prosecution Office issuing the appeal
resolution, subject to the following conditions:
1. The appeal shall be taken within 15 days from receipt of the resolution, or of the denial of the
motion for reconsideration/reinvestigation. Only one motion for reconsideration shall be
allowed;
2. Unless the Secretary directs otherwise, the appeal shall not stay the filing of the corresponding
information in court;
3. The party filing a petition for review is allowed to file a motion for the suspension of the
arraignment;
4. If the Secretary of Justice finds the same to be patently without merit or manifestly intended for
delay, or when the issues raised therein are too unsubstantial to require reconsideration, he may
dismiss the petition outright;
5. If the accused has already been arraigned prior to the filing of the petition, the petition shall not
be given due course. If the accused has been arraigned after the filing of the petition, any
arraignment shall not bar the Secretary of Justice from exercising his power of review; and
6. In case of an unfavorable decision by the Secretary of Justice against the aggrieved party, the
latter may file a motion for reconsideration within a non-extendible period of 10 days from
receipt of such decision. (DOJ Circular No. 70, 3 July 200o)

Q: May the courts review the findings of prosecutors?

A: NO. The determination of probable cause for purposes of filing of information being essentially an
executive function, the prosecutor and the Secretary of Justice have wide latitude of discretion in the
conduct of preliminary investigation. Their findings are not subject to judicial review, in the absence of
grave abuse of discretion. (Unilever PHL, Inc. vs. Tan, G.R. No. 179367, 29 January 2014)

Q: When may a warrant of arrest be issued?

A: If the judge, after personally evaluating the resolution of the prosecutor and its supporting evidence
finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused has already
been arrested pursuant to a warrant. In case of doubt on the existence of probable cause, the judge may
order the prosecutor to present additional evidence. (Rule 112, Sec. 5)

Q: In what cases is a preliminary investigation not required?

A:
1. Cases in which the imposable penalty does not exceed 4 years, 2 months and 1 day (PC max);
and
CRIMINAL PROCEDURE
Lecture Notes

2. Where the accused who has been lawfully arrested without a warrant has undergone inquest
proceeding. (Rule 112, Sec. 8)

Q: What is an inquest?
A: Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases
involving persons lawfully arrested and detained without the benefit of warrant of arrest issued by the
court for the purpose of determining whether or not said persons should remain under custody and
correspondingly be charged in court. (DOJ Circular No. 61, 21 September 1993)

Q: What are the remedies of the accused if there was no preliminary investigation?
A:
The person lawfully arrested without a warrant may ask for a
Before the preliminary investigation, but he must sign a waiver of the provisions of
complaint/information Art. 125 of the Revised Penal Code in the presence of his counsel.
is filed Notwithstanding the waiver, he may apply for bail and the investigation
must be terminated within 15 days from its inception.
After the The accused may within 5 days from the time he learns of its filing, ask
complaint/information for a preliminary investigation with the same right to adduce evidence in
is filed his defense as provided in this Rule. (Rule 112, Sec. 6)

Note: A motion for preliminary investigation filed beyond the 5-day reglementary period is a
prohibited motion and shall be denied outright before the scheduled arraignment without need of
comment and/or opposition. (A.M. No. 15-06-10-SC, Subheading III, item no. 2)

E. Arrest (Rule 113)

Q: What is arrest?
A: Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense. (Rule 113, Sec. 1)

Arrest, How Made

1. By an actual restraint of a person to be arrested; or
2. Bu the submission of the accused to the custody of the person making the arrest. (Rule 113, Sec.
2)

Arrest Without Warrant; When Lawful?

1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
2. When an offense has in fact just been committed, and he has probable cause to believe based on
his personal knowledge of the facts and circumstances that the person to be arrested has
committed the crime;
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or a
place where he is serving final judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another. (Rule 113, Sec. 5)
4. Where a person who has been lawfully arrested escapes or is rescued. (Rule 113, Sec. 13)
5. When the bondsman arrests a prisoner out on bail for the purpose of bringing him to the court;
6. Where the accused attempts to leave the country without the permission of the court. (Rule 114,
Sec. 23)

Methods of Arrest
The officer shall inform the person to be arrested of the cause of the arrest and
the fact that a warrant has been issued for his arrest except when he flees or
By an Officer with forcible resists before the officer has opportunity to so inform him, or when the
a Warrant giving of such information will imperil the arrest. The officer need not have the
CRIMINAL PROCEDURE
Lecture Notes

warrant in his possession at the time of the arrest, if the person arrested
requires, the warrant shall be shown to him as soon as practicable. (Rule 113,
Sec. 7)
The officer shall inform the person to be arrested of his authority and the
cause of the arrest unless the latter is either:
By an Officer 1. Engaged in the commission of an offense;
without a Warrant 2. Is pursued immediately after its commission; or
3. Escapes or flees, or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will imperil
the arrest. (Rule 113, Sec. 8)
He shall inform the person to be arrested of the intention to arrest him and the
cause of the arrest unless the latter is either:
By a Private 1. Engaged in the commission of an offense;
Person 2. Is pursued immediately after its commission; or
3. Escapes or flees, or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will imperil
the arrest. (Rule 113, Sec. 9)

Requisites of a Valid Warrant Arrest

1. It shall be issued upon probable cause which must be personally determined by a judge after
evaluating the resolution of the prosecutor and its supporting documents; and
2. The warrant must particularly describe the person to be arrested in connection with a specific
offense of crime. (Article III, Sec. 2)

Determination of Probable Cause for Issuance of Warrant of Arrest

Q: What is meant by probable cause in connection with the issuance of a warrant of arrest?
A: Probable cause for the issuance of a warrant of arrest is the existence of such facts and circumstances
that would lead a reasonably discreet and prudent person to believe that an offense has been committed
by the person sought to be arrested. (Ho vs. People, G.R. No. 106632, 9 October 1997)

Q: State the procedure for the issuance of warrant of arrest.

A:
1. Within 10 days from the filing of the complaint or information, the judge shall personally
evaluate the resolution of the prosecutor and its supporting evidence.
2. He may immediately dismiss the case if the evidence on record clearly fails to establish probable
cause.
3. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order when the
complaint or information was filed pursuant to a lawful warrantless arrest.
4. If case of doubt on the existence of probable cause, the judge may order the prosecutor to present
additional evidence within 5 days from notice and the issue must be resolved by the court
within 30 days from the filing of the complaint or information. (Rule 112, Sec. 5)

Q: May the accused file a motion for judicial determination of probable cause?
A: NO. A motion for judicial determination of probable cause is a prohibition motion and shall be denied
outright before the scheduled arraignment without need of comment and/or opposition. (A.M. No. 15-06-
10-SC, Subheading III, item no. 2)

Distinguish Probable Cause of a Prosecutor from that of a Judge

Probable Cause of a Prosecutor Probable Cause of a Judge
The prosecutor passes upon whether there is a The judge determines whether a warrant of arrest
reasonable ground to believe that the accused is should be issued against the accused, i.e., whether
guilty of the offense charged and should be held there is a necessity for placing him under
for trial. immediate custody in order not to frustrate the
ends of justice. (Cruz vs. Areola, A.M. No. RTJ-01-
1642, 6 March 2002)
Executive in nature; part of prosecution’s job. More properly called preliminary examination is
CRIMINAL PROCEDURE
Lecture Notes

judicial in nature and is lodged with the judge.

(People vs. Inting, G.R. No. 88919, 25 July 1990)

F. Bail (Rule 114)

Q: What is bail?
A: Bail 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 set forth in
the Rules. (Rule 114, Sec. 1)

Q: What is the purpose of bail?

A: To relieve an accused from imprisonment until his conviction and yet secure his appearance at the
trial. (Villaluz vs. Court of Appeals, G.R. No. 176760, 5 June 2013)

Q: What are the forms of bail for the release of a detained person?
A:
1. Corporate surety (Rule 114, Sec. 10);
2. Property bond (Rule 114, Sec. 11);
3. Cash bond (Rule 114, Sec. 14); or
4. Recognizance (Rule 114, Sec. 15)

Nature
Q: What is the nature of the right to bail?
A: The right to bail is a constitutional right. Moreover, the constitutional right to bail flows from the
presumption of innocence in favor of every accused who should not be subjected to the loss of freedom as
thereafter he would be entitled to acquittal, unless his guilt be proved beyond reasonable doubt. (Gov’t of
the U.S.A. vs. Purganan, G.R. No. 148571, 24 September 2002)

Q: What is the constitutional basis of the right to bail?

A: All persons, except those charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance
as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required. (Constitution, Art. III, Sec. 13)

When a Matter of Right; Exceptions

Q: When is bail a matter of right?
A: All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released
on recognizance:
1. Before or after any conviction by the MTC; and
2. Before conviction by the RTC of an offense not punishable by reclusion perpetua, life
imprisonment or death. (Rule 114, Sec. 4)
3. Prior to conviction for an offense punishable by death, reclusion perpetua, or life imprisonment
when evidence of guilt is not strong. (Enrile vs. Sandiganbayan, G.R. No. 213847, 18 August
2015)

When a Matter of Discretion

Q: When is bail a matter of discretion?
A: Bail is a matter of discretion:
1. Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment (Rule 114, Sec. 5); and
2. If the RTC has imposed a penalty of imprisonment exceeding 6 years, provided none of the
circumstances enumerated under paragraph 3 of Section 5, Rule 114 is present:
a. That he is a Habitual delinquent, Quasi-recidivist, Recidivist, or has committed the crime
aggravated by the circumstance of Reiteration;
CRIMINAL PROCEDURE
Lecture Notes

b. That he has previously Escaped from legal confinement, evaded Sentence, or violated the
Conditions of his bail without valid justification;
c. That he committed the offense while under Probation, Parole, or Conditional pardon;
d. That the circumstances of his case indicate the probability of Flight if released in bail; or
e. That there is Undue risk that he may commit another crime during the pendency of the
appeal. (Enrile vs. Sandiganbayan, supra)

Hearing of Application for Bail in Capital Offenses

Q: What is a capital offense?
A: A capital offense is one which, under the law existing at the time of its commission and of the
application for admission to bail, may be punished with death. (Rule 114, Sec. 6)

Q: Is a hearing required in the application for bail in capital offenses?

A: YES. A summary hearing shall be held in order for the prosecution to show that the evidence of guilt
of the applicant for bail is indeed strong. (Rule 114, Sec. 8) Petition for bail filed after the filing of the
information shall be set for summary hearing after arraignment and pre-trial. It shall be heard and
resolved within a non-extendible period of 30 days from the date of first hearing, except in drug cases
which shall be heard and resolved within 20 calendar days. (A.M. No. 15-06-10-SC, Subheading III, item
no. 10)

Q: How should the judge conduct the hearing in application for bail in capital offenses?
A: The court shall examine the witnesses on their direct testimonies or affidavits to ascertain if the
evidence of guilt of the accused is strong. The court’s questions need not follow any particular order and
may shift from one witness to another. The court shall then allow counsels from both sides to examine the
witnesses as well. The court shall afterwards hear the oral arguments of the parties on whether or not the
evidence of guilt is strong. (A.M. No. 12-11-2-SC, 26 March 2014)

Within 48 hours after hearing, the court shall issue an order containing a brief summary of the evidence
adduced before it, followed by its conclusion of whether or not the evidence of guilt is strong. Such
conclusions shall not be regarded as a pre-judgment on the merits of the case that is to be determined
only after a full-blown trial. (A.M. No. 12-11-2-SC, 26 March 2014)

Guidelines in Fixing Amount of Bail

Q: What are the guidelines in setting the amount of bail?
A: The judge who issued the warrant or granted the application for bail shall fix a reasonable amount of
bail considering primarily, but not limited to, the following factors:
1. Financial ability of the accused to give bail;
2. Nature and circumstances of the offense;
3. Penalty for the offense charged;
4. Character and reputation of the accused;
5. Age and health of the accused;
6. Weight of evidence against the accused;
7. Probability of the accused appearing at the trial;
8. Forfeiture of other bail;
9. The fact that the accused was a fugitive from justice when arrested; and
10. Pendency of other cases when the accused is on bail (Rule 114, Sec. 9)

When Bail Not Required

1. A person who has been in custody for a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged, without prejudice to the continuation of the
trial or the proceedings on appeal;
Note: A person accused of an offense with a maximum penalty of destierro shall be released after
30 days of preventive imprisonment.
2. A person in custody for a period equal to or more than the minimum of the principal penalty
prescribed for the offense charged shall be released on a reduced bail or on his own recognizance,
at the discretion of the court. (Rule 114, Sec. 16);
CRIMINAL PROCEDURE
Lecture Notes

3. When the offense charged is a violation of an ordinance, light felony or a criminal offense, the
imposable penalty wherefore does not exceed 6 months of imprisonment and/or fine of P2,000
where said person has established that he is unable to post the required cash or bail bond. Instead
of bail, he shall be required to sign in the presence of 2 witnesses of good moral standing in the
community a sworn statement binding himself, pending final decision of his case, to report to the
Clerk of Court hearing his case periodically every two weeks. (R.A. No. 6036);
4. If before finality of a judgment of conviction, the accused applies for probation, and no bail was
filed or the accused is incapable of filing one, the court may allow his release on recognizance to
the custody of a responsible member of the community (Rule 114, Sec. 24);
5. In case of a youthful offender held for physical or mental examination, trial or appeal, if unable
to furnish bail and under the circumstances (P.D. No. 603 – The Child and Youth Welfare Code);
6. Criminal cases covered by the Rule on Summary Procedure except when the accused failed to
appear when required. (Rule on Summary Procedure, Sec. 16); and
7. In cases not requiring preliminary investigation nor covered by the Rule on Summary Procedure
where the MTC judge is satisfied that there is no necessity for placing the accused under custody,
in which case he may issue summons instead of a warrant of arrest. (Rule 112, Sec. 8)

Increase or Reduction of Bail

Q: May the bail be increased or decreased?
A: YES. After the accused has been granted bail, the court may, upon good cause, either increase or
reduce its amount. When the amount of bail is increased, the accused may be committed into custody if
he does not give bail in the increased amount within a reasonable period. An accused released without
bail upon filing of the complaint or information may, at any subsequent stage of the proceedings and
whenever a strong showing of guilt appears to the court, be required to give bail in the amount fixed, or in
lieu thereof, committed to custody. (Rule 114, Sec. 20)

Page 204

G. Arraignment and Plea (Rule 116)

H. Motion to Quash (Rule 117)

I. Pre-Trial (Rule 118)

J. Trial (Rule 119)

CRIMINAL PROCEDURE
Lecture Notes

K. Judgment (Rule 120)

L. New Trial or Reconsideration (Rule 121)

M. Appeal (Rules 122, 123, 124, and 125)

N. Search and Seizure (Rule 126)

O. Provisional Remedies

P. Revised Guidelines for Continuous Trial of Criminal Cases (A.M. No. 15-06-10-SC)

Q. Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)