CRIMINAL LAW

 Branch of municipal law, local law or substantive law which defines crimes, treats
of their nature and supervise punishment.
 Belongs to an umbrella called substantive law
SUBSTANTIVE LAW

 that part of law which creates, defines and regulates rights or duties which give
rise to a cause of action
 it states our rights and when our rights are being violated
 it tells or defines to us our rights, the sources of our rights
o EXAMPLE: under our criminal law, it defines the meaning of felony which
is the acts that are penalized by the RPC

That branch of municipal law which defines crimes, treats of their nature, and provides
for their punishment.
If we know our rights, and file a case, the next to do is CRIMINAL PROCEDURE
CRIMINAL PROCEDURE

 Falls under bigger umbrella which is the Remedial/Procedural Law

 It tells us How a case is being processed like the steps that are taken before the
prosecutor’s office or in court and how a crime was committed against a person
 Provides a remedy, process or steps for an injury
CRIMINAL PROCEDURE

 It 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.
(CONVICTION)
 Concerned with procedural steps thru which a criminal case passes, commencing
with the initial investigation of a crime and concluding with the unconditional
release of the offender. (DISMISSAL/ACQUITTAL)
 The procedure starts from the initial contact of the alleged lawbreaker with the law
enforcers and ends with the judgment of exonerating him or final imposition of
penalty against him. (CONVICTION/ACQUITTAL)
REMEDIAL LAW SUBSTANTIVE LAW
- Prescribed method of enforcing - That part of law which creates,
rights; it is the method by which defines and regulates rights or
substantive law is given effect duties which give rise to a cause of
 Process which is being followed, action
established by the law  It gives us a reason to file a case
- i.e. Rules of Court, Evidence - Revised Penal Code, Civil Code
 Some special penal Law like drug
law, violation of illegal logging law,
illegal possession of firearms

CRIMINAL PROCEDURE CRIMINAL LAW

Remedial Substantive
It provides HOW the act is to be punished It states WHAT acts are punishable
It provides for the method by which a It defines crimes, treats of their nature and
person accused of a crime is arrested, provides for their punishment
tried, and punished or released

SOURCES

 REVISED RULES OF COURT (RULE 110-127)

 SUPREME COURT CIRCULARS & ADMINISTRATIVE MATTERS
 1987 PHILIPPINE CONSTITUION (PARTICULARLY ART III-BILL OF RIGHTS)
o fundamental law of the land
 STATUTES PASSED BY THE LEGISLATURE – RA 8493 – SPEEDY TRIAL ACT
 BATAS PAMBANSA – (EG BP 22 (law on bouncing check) ; BP 129 AS
AMENDED)
 PRESIDENTIAL DECREES (PD 1602; PD 705)
 EXECUTIVE ORDERS
o orders issued by president cory aquino
 JURISPRUDENCE
o Decisions of the supreme court which becomes part of the law of the land
o It is not a law, if there are cases that has the same situation which is decided
by the supreme court, it will follow the decision or the decision will be the
same way on how the case was decided
o The decision of the supreme court becomes part of the law
THREE SYSTEMS OF CRIMINAL PROCEDURE

INQUISITORIAL SYSTEM

 It is wholly in the hands of the prosecuting offices and the court.

o It is dependent in the hands of the prosecutor and characterized by secrecy
wherein the presence of the accused is not necessary or mandatory.
 It is characterized by secrecy.
 The presence of the accused before the magistrate is not a requirement.
 Other countries use this system in their courts
 Used in preliminary investigation
o When the case is filed for preliminary investigation by the prosecutor, he will
ask the respondent to submit a counter affidavit wherein it will be part of the
due process and its required so that the accused will be given an
opportunity to be heard, it will become the evidence of the accused. In that
case, it will not be necessary for the accused to be present. The prosecutor
may not see the accused and complainant, only the pieces of evidence
presented.
ACCUSATORIAL SYSTEM

 also known as “Adversary System”/Adversarial System

 It Requires all crimes to be prosecuted by a public prosecutor except the so called
private offenses which must be commenced by a complaint of the offended party.
 System in criminal procedure is used in the Philippine Courts, Philippine
Judiciary or Philippine Judicial System
 Case is filed in court
o Complainant and the accused must be present because there must be two
parties wherein there’s the prosecutor and the defense. They need to
convince the court on who is telling the truth based from the evidence being
presented.
o In criminal cases, if the prosecution proves the guilt of the accused beyond
reasonable doubt, the accused gets convicted but if the prosecution fails to
prove the guilt of the accused beyond reasonable doubt, the accused will
be acquitted.
o It is better to free a guilty person than to incarcerate an innocent one.
 Pwedeng mag appeal or hindi
MIXED SYSTEM

 This is a combination of the inquisitorial and accusatorial systems.

 System in criminal procedure making used of by the Philippines
 o Because in preliminary investigation, the Philippines used inquisitorial
system while if the case is already filed in court, accusatorial system is being
used.
 Preliminary Investigation
o The investigation of the prosecution to see if there is a probable cause and
whether if the case should be filed in court or not.
When the case is being investigated by the prosecutor, it falls under preliminary
investigation. However, if the case falls under warrantless arrest like for example,
the accused was caught in flagrante delicto, it will undergo inquest proceedings.
INVESTIGATION OF THE CASE

Regular Filing

 Public Prosecutor’s Office

o Preliminary Investigation or
 Valid Warrantless Arrest
 Inquest
INSTITUTION OF CRIMINAL ACTION

 Public Prosecutor’s Office

 Direct Filing in Court (MTC 4 yrs 2 months and below cases)
CRIMINAL CASE FILED IN COURT

 Criminal Jurisdiction
 Warrant of Arrest
 Motion to Quash
 Bail Bond
 Arraignment
JUDGMENT

(motion for Reconsideration or Motion for New Trial)

TRIAL

 Prosecution
 Defense
 Direct Examination (can be thru Judicial Affidavit)/Rebuttal
 Cross – examination/Sur-rebuttal
PRE-TRIAL CONFERENCE

 Stipulation of Facts for Admission

  Documentary Exhibits
 Witnesses
 Judicial Affidavit
APPEAL

DUE PROCESS

 being given the opportunity to be heard

o Does not mean that someone should talk and listen, but as long as we are
given the opportunity to submit or present pieces of evidence that already
is considered as given opportunity.
Importance: so that the State shall commit NO MISTAKE in trying or acquitting.

JURISDICTION

 The power or authority given by the law to a court or tribunal to hear and determine
certain controversies
 A power or authority to hear and decide a case (the one who will conduct the
hearing)
o There are only certain cases that hear and decide by a court, not all
 It is vested in the court not in the judges.
o Like for example, when the judge was promoted to a higher court, the case
will not follow the judge, instead the case will remain in the said court and
the new judge in that court will be the one to decide the case.
 Venue – place of trial

CRIMINAL JURISDICTION

 The authority to hear and try a particular offense and impose the punishment for
it.
 Where to file a case?
o We determine it with the allegation in the complaint or information
o The law on jurisdiction which is enforce at the time the criminal action is
instituted

DETERMINATION OF CRIMINAL JURISDICTION

 1. Determined by the allegations in the complaint or information not by the results of
proof or by the trial court’s appreciation if evidence presented or by the defense.
2. Determined by the law (on jurisdiction) enforced at the time of the institution or
criminal action.
ELEMENTS FOR VALID EXERCISE OF JURISDICTION

 Jurisdiction over the subject matter

 Jurisdiction over the territory
 Jurisdiction over the person of the accused
HIERARCHY OF COURTS

 MTC/MCTC/MTCC/METC (FIRST LEVEL COURTS)

o Municipal Trial Court (MTC), Municipal Trial Courts In Cities (MTCC)
courts located in cities, Municipal Circuit Trial Courts (MCTC) one trial
court but 2 or more municipalities
 Lowest court in the Philippines
 The penalties are arresto menor, fines
 RTC (SECOND LEVEL COURTS)
o Wider jurisdiction
o In each province, there is RTC
o Drug cases, family cases, all cases that involves minors even it is within the
jurisdiction of lower courts
KINDS OF REGIONAL TRIAL COURTS
 GENERAL JURISDICTION
o All kind of cases
 SPECIALIZED COURTS
o Family Court
 All family cases
 All cases involving minors
 Not all provinces has Family Court. In that case, the case will go to
general jurisdiction

o Drug Court
 For drug cases

o Commercial Court
 They are in charge of all commercial cases

o Cybercrime Court
 Cybersquatting, violation of photo voyeurism act
  *SANDIGANBAYAN
o The coverage is limited only to public officers whose salary is 27 and above
and violated crimes related to graft and corruption
 COURT OF APPEALS
 *COURT OF TAX APPEALS
 SUPREME COURT
o (COURT OF LAST RESORT)
 SHARIA DISTRICT COURTS/SHARIA CIRCUIT COURTS ARE NOT VESTED
WITH JURISDICTION OVER OFFENSES PENALIZED UNDER THE RPC
o Coverage are Muslim laws
o Sharia District Court – 1st level court / Sharia Circuit Court – 2nd level court

JURISDICTION OVER THE SUBJECT MATTER

 The offense, by virtue of the imposable penalty or its nature, is one which the
court is by law authorized to take cognizance of.
MUNICIPAL TRIAL COURT/MUNICIPAL CIRCUIT TRIAL COURT/MUNICIPAL TRIAL
COURT IN CITIES/METROPOLITAN TRIAL COURT (BP 129)

 Exclusive original jurisdiction over all violation of city or municipal ordinances

committed within their respective territorial jurisdiction
 Exclusive original jurisdiction over all offenses punishable with imprisonment
not exceeding six (6) years irrespective of the 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: provided, however, that in offenses involving damage to property
through criminal negligence they shall have exclusive original jurisdiction thereof.
(as amended by R.A, no. 7691)
 VIOLATIONS OF TRAFFIC LAWS, RULES & REGULATIONS
 VIOLATIONS OF RENTAL LAWS
 *BP 22
REVISED PENAL CODE

 ART. 26. When afflictive, correctional, or light penalty. – a fine, whether imposed
as a single or as an alternative penalty, shall be considered an afflictive penalty,
if it exceeds one million two hundred thousand (p1,200,000); a correctional
penalty, if it does not exceed one million two hundred thousand pesos
(p1,200,000) but is less than forty thousand pesos (p40,000); and a light
penalty, if it be less than forty thousand pesos (p40,000).
 If the fine does not exceed 1.2 million, filed in MTC.
  If the fin exceed 1.2 million, filed in RTC
WHERE DO WE FILE THE CASE IF THE PENALTY IS BOTH IMPRISONMENT AND
FINE?

 Example: The imprisonment is 5 years and the fine is 1.3 million.

 It will be in the MTC because all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine.
REGIONAL TRIAL COURT

 Exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the sandiganbayan which shall hereafter
be exclusively taken cognizance of by the latter.
 Original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
corpus and injunction which may be enforced in any part of their respective
regions; and
(2) In actions affecting ambassadors and other public ministers and consuls.
 ORIGINAL JURISDICTION OVER CRIMES THE PENALTY OF WHICH IS
MORE THAN 6 YEARS IMPRISONMENT
 LIBEL
o Even the penalty is below 6 years because libel law provides that
any violation of the provision regarding law on libel must fall within
the jurisdiction of the RTC.
 VIOL OF ELECTION CODE
o Even the penalty is below 6 years, it will fall under the jurisdiction of
the RTC
FAMILY COURT

 When any of the parties involve a minor except in cases or Reckless imprudence
resulting in Homicide (jurisprudence)
DRUGS COURT

 THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 ANNOTATED

(RA 9165)
 Penalty of first offense is rehabilitation
SANDIGANBAYAN (RA 8294)

 Same level as CA; 14 presiding associate justices

 Special court having jurisdiction over criminal and civil cases involving graft and
corrupt practices and other offenses committed by public officer/employees sg 27
& above
III.) Crimes by public officers or employees embraced in Ch. II, Sec 2 Title VII, Bk. II of
the Revised Penal Code (Crimes committed by Public Officers) namely:
A. DIRECT BRIBERY UNDER ART. 210 AS AMENDED BY BP 871, MAY 29, 1985;
B. INDIRECT BRIBERY UNDER ART. 211 AS AMENDED BY BP 871, MAY 29,
1985;
C. QUALIFIED BRIBERY UNDER ART. 211-A AS AMENDED BY RA 7659, DEC.
13,1993;
D. CORRUPTION OF PUBLIC OFFICIALS UNDER ART. 212 WHERE ONE OR
MORE OF THE ACCUSED ARE OFFICIALS OCCUPYING THE FOLLOWING
POSITIONS IN THE GOVERNMENT WHETHER IN A PERMANENT, ACTING
OR INTERIM CAPACITY, AT THE TIME OF THE COMMISSION OF THE
OFFENSE:
PUBLIC OFFICIALS COVERED:

1. 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 Republic Act No. 6758) specifically including:
a. Provincial governors, Vice Governors, members of the Sangguniang
Panlalawigan, Provincial Treasurers, Assessors, Engineers and other Provincial
Department Heads;
b. City Mayors, Vice Mayors, Members of the Sangguniang Panglungsod, City
Treasurers, Assessors, Engineers and other Department Heads;
c. Officials of the Diplomatic Service Occupying the Position of Consul and Higher;
d. Officers of the PNP while occupying the position of provincial director and those
holding the rank of senior superintendent or higher;
e. City and Provincial Prosecutors and their Assistants; Officials and the Prosecutors
in the office of the Ombudsman and Special Prosecutor;
f. President, Directors or Trustees or Managers of Government owned or controlled
corporations, State Universities or Educational Institutions or foundations;

A. VIOLATION OF RA 6714 – CODE OF CONDUCT AND ETHICAL STANDARDS

B. VIOLATION OF RA 7080 – THE PLUNDER LAW
C. VIOLATION OF RA 7659 – THE HEINOUS CRIME LAW
 D. RA 9160 – VIOLATION OF THE ANTI-MONEY LAUNDERING LAW WHEN
COMMITTED BY A PUBLIC OFFICER
NOTE: Private individuals can be sued in cases before the SandiganBayan if they are
alleged to be in conspiracy with the public officer.
NOTE: Government officials and employees, whose salary grade are not 27 and above,
may be charged before the Sandiganbayan, as well, if they are alleged to be in conspiracy
with one whose salary grade is 27 and above.

JURISDICTION OVER SUBJECT MATTER

 COURT OF APPEALS – ORIGINAL AND APPELLATE JURISDICTION

o All cases are from 1st or 2nd level court
 COURT OF TAX APPEALS
o Cases only involving tax
 SUPREME COURT – ORIGINAL JURISDICTION – CERTIORARI; APPELLATE
JURISDICTION
o Can go directly if there is a law that we are going to question
JURISDICTION OVER COMPLEX CRIMES

 It is lodged with the trial court having jurisdiction to impose the maximum and most
serious penalty of an offense forming part of the complex crime.
 COMPLEX CRIMES
o One criminal act but produces 2 or more grave or less grave offenses
o One criminal act is needed to produce another criminal act
o EXAMPLE: Rape with Homicide, Robbery with Homicide
 A want to rob the house of B. So at night, while B is sleeping, A went
to the house of B, unfortunately B was woke up to go CR to pee. As
B open the light, he caught A on the act. A was holding a knife and
stab B to death.
JURISDICTION OVER CRIMES PUNISHABLE BY DESTIERRO

 EXCLUSIVE JURISDICTION OF THE MTC AS IT FOLLOWS THE PENALTY OF

ARRESTO MAYOR
 I.E. UNDER ART. 247 (DEATH OR PI UNDER EXCEPTIONAL
CIRCUMSTANCES) AND ART. 334 (CONCUBINAGE-FOR THE CONCUBINE)
OF THE RPC
 DISTIERRO
o A person is not allowed to enter a certain km radius
 o The penalty of banishing a person from a place where he committed a crime
prohibiting him to get near or enter the 25-kilometer perimeter.
o EXAMPLE: A is married to B. B and C was having a sexual intercourse
and it is caught on act by A. Because of anger, A killed B.

CONDITION PRECEDENT BEFORE FILING CERTAIN CRIMINAL CASES

 BARANGAY CONCILIATION RULE FOUND IN RA 7160 OR THE LOCAL

GOVERNMENT CODE OF 1991
 Katarungang Pambarangay (Barangay Justice System)
o Basis is RA 7160
COVERAGE OF KATARUNGANG PAMBARANGAY

 CRIMINAL CASES: CRIMES THE PENALTY OF WHICH IS IMPRISONMENT OF

1 YEAR AND BELOW OR FINE NOT EXCEEDING PHP 5,000.00 WHERE
PARTIES LIVE IN THE SAME CITY/MUNICIPALITY OR IN BARANGAYS OF
ADJACENT CITY/MUNICIPALITY
 EXAMPLE: A punched B because of jealousy. They are both live in the
municipality of Banaue where the incident also happened. A is liable for
slight physical injury and the penalty of it will not exceed in 1 year
imprisonment therefore, B can’t file a case in court but instead they must go
under the Katarungang Pambarangay.

VENUE

 Disputes between persons actually residing in the same barangay shall be brought
for amicable settlement before the lupon of said barangay.
 Those involving actual residents of different barangay’s within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant.
 Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study shall be brought in the
barangay where such workplace or institution is located.
 In all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of the counsel or representative, except for minors and
incompetents who may be assisted by their next of kin who are not lawyers.
Is there any rule that prohibits the parties to go through the katarungang
pambarangay rule if the penalty is more than 1 year imprisonment or more than
php5,000.00 fine?
  None, Even if it more than 1 year imprisonment, still it can be settled in
katarungang Pambarangay Except RA 9262 VAWC (it can’t be settled in
barangay)
WHAT IS THE EFFECT OF FILING THE CASE WITH THE BARANGAY AS TO
PRESCRIPTION?

 It stops/suspends the running of the period of prescription. It starts to run from the
issuance of a certificate to file action by the Barangay.
 EXAMPLE: A punched B on Jan. 1, Slight physical injuries which has a
prescriptive period of 2 months. B filed a complaint in the barangay, on Jan 3 (2
days passed) it will now stop the running of prescription. January 8, both parties
are not settled therefore, certificate to file action was issue was the punong
barangay. B has still 58 days to file a case against A.

JURISDICTION OVER THE TERRITORY

 It means that a criminal action should be filed in the place where the crime was
committed.
 We filed the case in court which has jurisdiction over the case where the crime was
committed
JURISDICTION OVER CONTINUING CRIMES

 The courts of territories where the essential elements of the crime took place
have concurrent jurisdiction. However, the court which first acquires jurisdiction
excludes the other courts.
 I.E. KIDNAPPING WITH SERIOUS ILLEGAL DETENTION (PARULAN V.
DIRECTOR OF PRISONS, 22 SCRA 638)
 EXAMPLE: A was kidnapped in Ifugao and brought to Baguio. A can file a case
either in Ifugao and places were passed by until he was brought in Baguio. Also,
the first place where the case was filed will acquire the jurisdiction and if ever there
is another place where the case was filed, that complaint will be dismissed.
EXCEPTIONS:

 ART. 2, RPC – COMMITTED ELSEWHERE BUT TRIED IN THE PHILIPPINES.

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands; chan robles virtual law library
 3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the presiding number;
 Introducing forge or counterfeit coin or currency in the Philippines
4. While being public officers or employees, should commit an offense in
the exercise of their functions; or
 Public officers went abroad for official business and committed
an offense.
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.
 Treason, Espionage, piracy, violation of neutrality

 PIRACY/HUMAN TRAFFICKING
o As it is a crime against humanity, accused can be tried wherever he is found
or brought (no territorial limits)
 IN CASES OF TRAIN/AIRCRAFT
o In any territory which the vehicle passes during the trip
 SHIP
o Port of entry or where it passes
 CASES WHERE THE SUPREME COURT, IN THE INTEREST OF TRUTH AND
IMPARTIAL JUSTICE, TRANSFERS THE PLACE OF TRIAL
o EXAMPLE: Maguindanao massacre, the jurisdiction is in RTC, many
counts of murder. The place of trial was transfer in Manila but still the same
jurisdiction.
 BP 22
o (PLACE OF ISSUE OR PLACE OF DISHONOR)
o EXAMPLE: A give a Cheque to B in Ifugao. When B went to Baguio and
went to a certain bank to change the cheque into cash but unfortunately
tumalbog ang cheque which is a violation of the BP 22. B can file the case
either in Ifugao where the cheque is issued or in Baguio where the cheque
was dishonored.
 LIBEL
o (PLACE OF PUBLICATION; IF PUBLIC OFFICER-PLACE OF WORK; IF
PRIVATE-PLACE OF RESIDENCE)
o Example: The place of publication is in Manila but A is a public officer in
Baguio and it is the place he works on while his place of residence is in
Ifugao. A can file either in Manila, Baguio or Ifugao.
JURISDICTION OVER THE PERSON OF THE ACCUSED

 The person charged with the offense must have been brought to court’s presence
for trial.
 HOW?
o FORCIBLY: BY WARRANT OF ARREST/VALID WARRANTLESS
ARREST
o VOLUNTARY SUBMISSION TO THE COURT.
PROSECUTION OF OFFENSES (RULE 110)

CRIMINAL ACTION – one by which the State prosecutes a person for an act or omission
punishable by law.

 It is where we file a case against a person and then after due process, after they
present evidence then the court will now decide whether or not the person is guilty
beyond reasonable doubt.
 We need to prove the guilt beyond reasonable doubt because there are some
instances that affects or may affect the liability in a way that there maybe a
justifying circumstance or else exempted from criminal liability
 For them to be able to hear both side of the case, The complainant must file a
criminal action.
COMPLAINANT

 Not necessarily the victim or offended party, it includes law enforcers and other
public offers charged with the enforcement of the law violated
SECTION 1. INSTITUTION OF CRIMINAL ACTIONS

 By filing the complaint before the Office of the Prosecutor (City of Province)
- Offenses requiring Preliminary Investigation (4-2-1)
o PI is required for criminal cases which carry with it the penalty with atleast
4 years, 2 months and 1 day. (file the case in the City or Provincial
Prosecutor)
o You can still file a case with a penalty of less than 4 years, 2 months and 1
day in the office of the prosecutor.
- Crimes committed in NCR & chartered cities (regardless of penalty)
o Chartered cities are cities with charter, they are independent. (E.g. Baguio)
o If the crime is committed in NCR or chartered city, regardless the penalty, it
should be filed before the Office of the Prosecutor.
 By filing the complaint or information directly with the MTC or MCTC or MTCC (not
chartered)
- Offenses NOT requiring Preliminary Investigation (less than 4-2-1)
o Cases with a penalty less than 4 years, 2 months and 1 day is filed in the
1st level court
NOTE:

 Cases can be filed directly with the court (MTC/MCTC/MTCC – not chartered city)
if penalty of crime is at most 4 years and 2 months.
 No cases within the jurisdiction of the RTC can be filed directly with the RTC –
minimum penalty of imprisonment is 6 years and 1 day.
o All the cases filed the RTC should be filed first in the Office of the prosecutor
because they need to undergo preliminary investigation
o Ordinary filing, not arrested by warrantless arrest or caught on act or in
flagrante delicto

WHAT IS THE EFFECT OF THE INSTITUTION OF A CRIMINAL ACTION? (office of the

prosecution)
 It stops the running of the prescriptive period of crimes.
o Interrupts the running of the prescription (article 90and 92 of the RPC)
 It interrupts the running of the period of prescription of the offense unless otherwise
provided by special laws.
 Can a Criminal Action be instituted against a juridical person?
(distinguish natural from juridical person)

o NATURAL PERSON
 Is a human being, made by a man and woman
o JUDIRICAL PERSON
 A person because it is created by law, it is the law that gives the
group a separate personality from the owner
 Would have its own asset, liabilities and networth
 EXAMPLE: Sanmiguel Corporation
o CAN WE FILE A CASE AGAINTS A JURIDICAL PERSON?
 General Rule:
 If the penalty of the crime charged includes prisonment, we
can’t file a case because we can’t be able to imprison a
juridical person.
 EXEPTION:
 If the penalty is the crime is fine only, we can file a case
against juridical person
WHO CAN CONDUCT PRELIMINARY INVESTIGATION? (SEC. 2, RULE 112)

 Provincial or City prosecutors & their assistants.

 National & Regional state prosecutors
 Other officers as authorized (i.e. COMELEC, OMBUDSMAN, PCGG)
*Ombudsman conducts preliminary investigation for cases cognizable by the
Sandiganbayan; crimes committed by public officers
 COMELEC
o Can conduct preliminary investigation only for cases in violation of
the election law.
 OMBUDSMAN
o Can conduct preliminary investigation only for cases where the crime
is committed by a public officer
 PCGG
o Can conduct preliminary investigation only for cases about ill-gotten
wealth

SECTION 2
The complaint shall be in writing, in the name of the People of the Philippines and
against all persons who appear to be responsible for the offense involved.

 Criminal Actions must be commenced in the name of the People of the

Philippines – defect is merely formal and can be cured at any stage of the trial.
The right to commence criminal prosecution is confined to representatives of the
government & persons injured, otherwise, it shall be dismissed

COMPLAINT INFORMATION
- A sworn written statement - An accusation in writing
- Subscribed (under OATH) by: - Subscribed by:
 The offended party  The public prosecutor
 Any peace officer  (need not be under oath)
 Other officer charged with
the enforcement of the law
violated

WHO MAY FILE A COMPLAINT?

 The offended party

o the person actually injured or whose feeling was offended
o the victim itself, the relative of the victim
  Any peace officer
o Police officers
 Other public officer charged with the enforcement or execution of the law violated
o If in violation of drug law – PDEA
o If in violation of immigration law – Immigration officers
o If in violation of cutting trees or environmental laws – DENR
o If in violation of illegal fishing - BFAR
OBSERVE:

Criminal Complaint is signed by the Complainant;

Filed directly with the Court because it does not require preliminary investigation
and place of the commission of the crime is not NCR or chartered city.

In the past, First Level Court Judges conduct preliminary investigation which is
why Criminal Complaints (which allege crimes where the penalty is more than 4 years 2
months and 1 day) are filed before them.

The 2 Criminal complaints signed by police officers are shown to you just so you
would have an idea of how criminal complaint subscribed by a peace officer looks like.

*Notice: in the last INFORMATION, the signature of the Provincial Prosecutor does
not appear. Why? It was prepared not after preliminary investigation but after an
INQUEST proceeding.

*Do not confuse a criminal complaint with an affidavit complaint or a sworn

statement.

SECTION 5. WHO MUST PROSECUTE CRIMINAL ACTIONS

 ALL criminal actions SHALL be prosecuted under the direction and control of the
public prosecutor
 PRIVATE CRIMES – felonies which cannot be prosecuted except upon s
complaint filed by the aggrieved party & also the state but only “out of
consideration for the aggrieved party who might prefer to suffer the outrage in
silence rather than go through the scandal of a public trial”.
 (eg. Private crime vs rir resulting in homicide)
Adultery
 A married woman having a sexual intercourse with a man not her
husband and the man knows that she is married
Married woman have a relationship to other woman – ADJUST FIXATION (crime)
 Concubinage
 A married man would bring to his home his mistress
 Caught under scandalous circumstances with the paramour
(mistress)
 Cohabits or lives with his mistress and live as a husband and wife
Married husband having a relationship with another man – VAWC RA 9262 (crime)
Seduction
Abduction
Acts of Lasciviousness
Libel in relation to/imputing A, C, S, A, & AL (Written Defamation)
 Not all libel cases are private crimes (only cases stated above)

 Adultery & concubinage shall not be prosecuted except upon a complaint filed but
the offended spouse
 Filed by the victim’s spouse (legitimate)
 Seduction, abduction & acts of lasciviousness shall not be prosecuted except upon
a complaint filed by: the offended party, her parents, her grandparents or guardian.
 If both parents and grandparents are present and the parents doesn’t want
to file a case but the grandparents want to, THEY CANNOT FILE A CASE
 The rule should be, offended party, parents, grandparents or guardians
 If the offended party dies or becomes incapacitated before she can file
the complaint, and she has NO known parents, grandparents or
guardian, the STATE shall initiate the criminal action in her behalf.
 The offended party, even if a minor, has the right to initiate the prosecution
of the offenses of seduction, abduction & acts of lasciviousness
independently of her parents, grandparents or guardian, UNLESS she is
incompetent or incapable of doing so.
 Can get help and assistance with the WCPD (Women and Children
Protection Desk) or DSWD
 Criminal action for defamation which consists in the imputation of the above
mentioned offenses shall be initiated by the offended party.
The victim or the complainant dies while the case is pending

 The death of the complainant during the pendency of the crime or the
case does not extinguish criminal liability
 The private prosecutor can prosecute the case but it must be under
the direction and control of a public prosecutor
 If the case is in the prosecutor’s office, it’s up to the prosecutor to
decide whether or not the case will proceed to court or not depends
 on the sufficiency of the pieces of evidence or if there’s a probable
cause. (dismiss or file the case)
Other points to remember for private crimes

 Spouse complainant must have legal capacity, not divorced/annulled.

 If the offended party is of age – exclusive & successive
 Death of the complainant during the pendency of the case does not extinguish
criminal liability.
 A private prosecutor may be authorized to prosecute (see Sec. 20, Rule 119)

NOTE:

 The institution of a criminal action depends upon the sound discretion of the fiscal.
But once the case is already filed in court, the same can no longer be withdrawn
or dismissed without the tribunal’s approval. Should the fiscal find it proper to
conduct a reinvestigation of the case at such stage, the permission of the court
must be secured (Crespo v. Mogul [1987] as reiterated in Fuentes v.
Sandiganbayan, GR 139618 July 11, 2006)
 In complex crimes where one of the components is a private crime and the other
a public offense, the public prosecutor may initiate the proceedings de oficio
 REASON: Since one is a public crime, it should prevail, public interest being
always paramount to private interest
COMPLEX CRIMES INSTANCES

 One of the component is private crime and the other is public offense
 Ayaw ituloy ng complainant and kaso sa private crime
 The case will still push through even with the refusal of the complainant because
there is public crime committed and it involves the interest of the republic of the
Philippines because it involves or destroy the peace and order of the state
 Since one of the crime is public crime, the case should prevail.

SECTION 6. SUFFICIENCY OF COMPLAINT OR INFORMATION

WHEN IS A COMPLAINT OR AN INFORMATION SUFFICIENT IN FORM?

 If it states the following:

1. Name of the accused
2. Designation of the offense by a statute
3. The acts or omission complained of as constituting the offense
4. Name of the offended party
 5. The approximate time of the commission of the offense
6. The place where the offense was committed
NAME OF THE ACCUSED

 First/Given/Registered Name, middle name, and surname with

alias/appellation/nickname by which he is known
 If the name cannot be ascertained, accused shall be described under fictitious
name with a statement that his true name is unknown.
 If the name becomes known, it shall be inserted as the TRUE NAME. Such
shall be a mere matter of form.
 John Doe/Jane Doe
 If the offense is committed by more than one person, ALL of them shall be included
in the complaint or information
 If offender is a minor, not referred to as accused but as CICL (Child in Conflict with
the Law)

DESIGNATION OF OFFENSE

 State the designation/name of the offense as provided for by law, the acts or
omissions constituting the offense, as well as the specific qualifying and
aggravating circumstances. (People v. Ebio, 439 SCRA 421) (eg alrams and
scandal with the use of unlicensed firearm)
 If the offense has no designation by law, cite the law, paragraph or subparagraph
or subparagraph providing for the offense. (People v. Ebio)

But remember

 The actual recital in facts in the body of the Information is controlling and not the
caption of the Information. (Joaquin v. Madrid 349 SCRA 567) Thus, the
designation of offense, by making reference to the section or subsection of the
statute punishing it is not controlling. The nature and character of the crime
charged are the facts alleged in the information. (Flores v. Layosa 436 SCRA 337)
CAUSE OF ACCUSATION

State the acts or omissions complained of as constituting the offense, the

qualifying and/or aggravating circumstances in ordinary concise language which an
ordinary person would be able to understand.

 To enable a person of common understanding to know what offense is intended to

be charged; and
  To enable the court to pronounce proper judgment.

*All elements must be alleged else the indictment is insufficient

*If the circumstances are not specified, they shall not be appreciated although proven
during trial. (People v. Delmindo, 429 SCRA 546)
CAUSE OF ACCUSATION
 The information should state ALL the ELEMENTS, essential facts, & ingredients that
would sufficiently define and clarify the crime which would be understood by the
accused.
 This is in consonance with the accused’s right to be informed of the nature of the
accusation against him.

What is required is that the charge be indicated with particularity

 The accused cannot be convicted of an offense graver than that alleged.

PLACE OF THE COMMISSION OF THE OFFENSE

 It is sufficient if it can be understood that the offense was committed or some of the
essential elements occurred at a place within the court’s jurisdiction. EXCEPT if the place
is an essential element of the crime.
 i.e. robbery in an uninhabited place, trespass to dwelling, destructive arson

DATE OF COMMISSION OF THE OFFENSE

 The date does not necessarily need to be on the precise date but on a date as near as
possible to the actual date UNLESS the date is a material element of the crime.
 i.e. infanticide – must be less than 3 days old at the time of killing. Violation of
election laws – committed during election period.

NAME OF THE OFFENDED PARTY

 Name and surname of the victim

 If the offense is against property and the offended party is unknown, the property must
be described to identify the offense charged.
 If the offense is against a juridical person, state the name or designation to which it may
be identified.
 *Minor and next of kin “AAA”

REMEDIES

 Remedy if a complaint or information is defective:

 I. If defective in form –
  A) court may dismiss the complaint or information [amendment] motu propio or upon
motion, or
 B) accused may move for a BILL OF PARTICULARS

WHEN IS A COMPLAINT OR AN INFORMATION SUFFICIENT IN SUBSTANCE?

 A complaint or information is sufficient in substance if it doesn’t contain any of the

defects which is a ground for a motion to quash. (Section 3, Rule 117)
 Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).

REMEDIES

 II. If defective in substance –

No obligation is imposed on the judge to point out the duplicitousness or other defect in
the indictment on which an accused is being arraigned. It is for the accused to move for
a motion to quash on the ground that the complaint or information charges more than
one offense, under sanction of waiver and loss of ground of objection (Concurring
opinion of CJ Narvas, People v. Bartulay, 192 SCRA 632)

DUPLICITY OF OFFENSE (Section 13)

 The information must charge only one offense, except when the law prescribes a single
punishment for various offenses in order to enable the accused to prepare his defense.
 If there is duplicity of offense, the accused must object, otherwise, he is deemed to have
waived his right and may be convicted to as many counts as the number of crimes
charged.

 Exceptions:

 Complex crimes (ART. 48, RPC)

Compound Crime – two or more grave or less grave felonies is committed arising
from one single act, i.e. Homicide with frustrated homicide – 1 bullet.

Complex Crime Proper – offense is a necessary means to commit the other, i.e.
estafa thru falsification of public documents
  Special Complex Crimes/Composite Crimes
 i.e. robbery with homicide, robbery with rape

 Continuous Crimes:
 ELEMENTS:
 Plurality of acts performed separately during a period of time;
 Unity of penal provision infringed upon or violated;
 Unity of criminal intent which means that two or more violations of the
same penal provision are united on one and the same intent leading to the
perpetration of the same criminal purpose or claim (People v. Ledesma)

 A duplicitous information is valid since such defect may be waived and the accused,
because of the waiver, can be convicted of as many offenses as those charged in the
information and proved during the trial (Dimayacyac v. Court of Appelas 403 SCRA 121)

*SPLITTING A CAUSE OF ACTION

 A defendant should not be harassed with various prosecutions based upon the same act
by splitting the same into various charges, all emanating from the same law violated
when the prosecution could easily embody them in a single information.
 Exception: if one criminal act is punished by two or more provisions of law

AMENDMENT (of Complaint or Information) (Section 14)

 BEFORE arraignment  AFTER arraignment

 Formal and Substantial amendments  Formal Amendments only
 Without leave of court  WITH leave of court
- Except downgrading of  Without affecting the right of the
offense/dropping an accused accused
- EXCEPT: when a fact supervenes
which changes the nature of the
crime charged in the information
or upgrades it to a higher crime,
them, there is need for another
arraignment of the accused under
the amended information
SUBSTITUTION (of Complaint or Information) (Section 14)

 If it appears at any time BEFORE  LIMITATION to the rule on

judgment that a mistake has been substitution
made in charging the proper offense,  No judgment has yet been
the court shall dismiss the original rendered;
complaint or information upon the  The accused cannot be convicted
filing of a new one charging the of the offense charged or of any
proper offense, provided the accused other offense necessarily included
shall not be placed in double jeopardy therein;
 The accused would not be placed
in double jeopardy

AMENDMENT SUBSTITUTION

- Either formal or substantial changes - Substantial change from original

charge
- If before plea, can be made without - Must be with leave of court as the
leave of court original charge will be dismissed
- If only as to form, there is no need for - Another preliminary investigation is
another preliminary investigation and required and the accused has to plead
retaking of the plea of the accused anew
- Amended information refers to the - Presupposes that the new
same offense. Thus, amendments to information involves a different
the information after the plea cannot offense, hence, the accused cannot
be made over the objection of the claim double jeopardy
accused, for the accused shall then be
placed in double jeopardy

An amendment is only in form:

 Where it neither affects nor alters the nature of the offense charged; or
 Where the change does not deprive the accused of a fair opportunity to present his
defense; or
 Where it does not involve a change in the basic theory of the prosecution

PLACE WHERE ACTION IS TO BE INSTITUTED (SECTION 15)

 GENERAL: Court which has territorial jurisdiction over where the offense or any of its
essential ingredients occurred.
  EXCEPTIONS:
 Felonies under ART. 2 of the RPC; offense committed in an airplane during its
voyage or a railroad train or other public vehicle; or a vessel in its voyage;
Piracy/Human Trafficking; Libel; the Supreme Court changes venue; BP Blg 22
 (all discussed during the discussion of Jurisdiction over the territory)

INTERVENTION OF THE OFFENDED PARTY (SECTION 16)

 The right of intervention of the offended party in the criminal action where the civil
action for the recovery of civil liability is instituted in the criminal action through his
counsel (private prosecutor), but shall be under the control & supervision of the public
prosecutor.
 NOT ALLOWED ANYMORE WHERE
 Complainant waives the civil aspect
 Complainant reserves the right to file a separate civil action
 There has been a separate civil action filed
 The law does not provide for indemnity

PROSECUTION OF CIVIL ACTION (RULE 111)

ART. 100, RPC – EVERY PERSON CRIMINALLY LIABLE IS ALSO CIVILLY LIABLE

 Generally, when a person commits a crime, he offends two entities, namely:

 1) The State [whose laws he violated]; and
 2) The Individual [whose person, right, honor, chastity, or property was actually or
directly injured or damaged by the same acts or omissions].
- Settlement does not dismiss; non-interest to prosecute dismisses

SECTION 1 – INSTITUTION OF CRIMINAL AND CIVIL ACTIONS

 When the criminal action is instituted, the civil action arising from the offense is
deemed instituted with the criminal action
EXCEPT

- When the offended party waives the civil action

- When the offended party reserves the right to institute it separately, or
- Where the civil action was instituted prior to the criminal action
 If a separate civil action is intended to be filed, the reservation to file it separately must
be made before the prosecution presents evidence.
  Exception to the exception is a violation of BP 22 whereby the criminal and civil
aspects cannot be separated and the fee is based on the amount of the check issued.

CIVIL INDEMNITY EX DELICTO

 Is the indemnity authorized in our criminal law for the offended party, in the amount
authorized by the prevailing judicial policy and apart from other proven actual damages,
which itself is equivalent to actual or compensatory damages in civil law. (People vc. Jugueta
G.R. No. 202124, April 5, 2016 citing People v. Combate, 653 Phil. 487.504 (2010). Citing People v. Victor, 354 Phil.
195.209 (1998)).
 It is awarded to the offended party as a kind of monetary restitution or compensation to
the victim for the damage or infraction that was done to the latter by the accused

MORAL DAMAGES

- Compensatory in nature
- To compensate for the physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar
injuries of the victim.
 They are the proximate result of the defendant’s wrongful act or omission
 It is not intended to enrich the victims’ heirs; they are awarded to allow heirs to obtain means for
diversion that could serve to alleviate their moral and psychological sufferings (suffered untold
wounded feelings)

EXEMPLARY (CORRECTIVE) DAMAGES

 These damages are intended to deter the wrongdoer and others like him/her from
similar conduct in the future
 If crime’s penalty is death, pegged at Php 100,000.00
 Other crimes, pegged at Php 50,000.00
(People vs. Jugueta G.R. No. 202124, April 5 2016)
 Being corrective in nature, it can be awarded, not only due to the presence of an
aggravating circumstance, but also where the circumstances of the case show the highly
reprehensible or outrageous conduct of the offender
 Relative to the civil aspect of the case, an aggravating circumstance, whether ordinary
or qualifying, should entitle the offended party to an award of exemplary damages
TEMPERATE DAMAGES

 When some pecuniary loss has been suffered but its amount cannot be proved with
certainty
 In lieu of actual damages when the court finds that some pecuniary loss has been
suffered but its amount cannot be proven with certainty
 Set at Php 25,000.00 in pp vs abrazaldo BUT now set at Php 50,000 in People vs. Jugueta
G.R. No. 202124, April 5, 2016)

ACTUAL DAMAGES (COMPENSATORY DAMAGES)

- They pertain to such injuries or losses that are actually sustained and susceptible of
measurement.
- The best evidence obtainable by the injured party must be presented since actual
damages cannot be presumed, but must be duly proved with a reasonable degree of
certainty

PEOPLE VS IRENEO JUGUETA G.R. NO. 202124, APRIL 5, 2016

For those crimes like Murder, Parricide, Serious Intentional Mutilation, Infanticide, and other
crimes involving death of a victim where the penalty consists of indivisible penalties:

 1.1 Where the penalty imposed is death but reduced to reclusion perpetua because of
RA 9346:
 A. Civil indemnity – P100,000.00
 B. Moral damages – P100,000.00
 C. Excemplary damages – P100,000.00

 1.2 Where the crime committed was not consummated:

 A. frustrated:
 i. Civil indemnity – P75,000.00
 ii. Moral damages – P75,000.00
 iii. Exemplary damages – P75,000.00

 b. Attempted:
 i. Civil indemnity – P50,000.00
 ii. Exemplary damages – P50,000.00
 iii. Exemplary damages – P50,000.00
SECTION 2. SUSPENSION OF CIVIL ACTION

 Where the criminal action has begun, the separate civil action arising from it cannot be
instituted until the judgment is rendered on the criminal action;
 If the civil action is filed first, it shall be suspended upon institution of the criminal action
and until the latter is disposed with. If filed separately, may be consolidated with
criminal case when criminal case is filed.
 The extinguishment of the penal action does not carry with it the extinguishment of the
civil action. HOWEVER, if the action is based of delict, it is deemed extinguished if the
act or omission on which the action is based is not present or did not exist
 RESPONDEAT SUPERIOR – if the employee committed the offense in the discharge of
his duties, the employer’s liability shall be subsidiary.
 In cases where consolidation is given due course, the evidence presented and admitted
in the civil action is deemed automatically reproduced in the criminal action.

PRINCIPLE OF PROFERRENCE OF CRIMINAL ACTION OVER CIVIL ACTION

 After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the criminal
action.
 If the criminal action is filed after the said civil action has already been instituted, the
latter shall be suspended in whatever stage it may be found before judgments on the
merits.
LECTURE 4

SECTION 3. INDEPENDENT CIVIL ACTION

 A civil action may proceed independently from the criminal action in cases provided
under: Articles 32, 33, 34, and 2176 of the New Civil Code.

Art. 32 of the NCC where “the civil cases for damages arose from the violation of rights &
liabilities.”

 i.e. freedom of religion, speech, suffrage, freedom from arbitrary or illegal detention,
liberty of abode…

Art. 33 – in cases of defamation, fraud, and physical injuries a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution, and shall require only a
preponderance of evidence.

Art. 34 – when a member of a city or municipal police office refuses or fails to render aid or
protection to any person in cases of danger to life or property.

Art. 2176 – quasi-delict

SECTION 4. WHAT IS THE EFFECT OF THE DEATH OF THE ACCUSED ON CIVIL ACTIONS?

 If the accused dies after final judgment which is favorable to the offended party, the
judgment shall be claimed from the estate of the accused.
 Death of the accused after final appeal shall not extinguish the liabilities of the accused.
Claims shall be against his estate (Rule 86)

WHAT IS THE EFFECT OF THE DEATH OF THE ACCUSED ON CIVIL ACTIONS?

 An independent civil action may be continued against the estate or legal representative
of the accused after the proper substitution.
SECTION 5

 Final judgment on the civil action shall not bar a criminal action based on the same act or
omission.

SECTION 6. SUSPENSION DUE TO A PREJUDICIAL QUESTION

 A prejudicial question is one based on a fact distinct from the crime because if both
actions arose from the same fact or transaction, the civil case does not constitute a
prejudicial question to the determination of the criminal action (People v. Delizo 436 SCRA
615)
 Has the effect of suspending the criminal action at any time before the prosecution rests.
 The rationale behind the principle is to avoid two conflicting decisions

G.R. NO. 186597, JUNE 17, 2015, PEOPLE OF THE PHILIPPINES VS VICTORIA R. ARAMBULO AND
MIGUEL ARAMBULO, JR. CITING PIMENTEL V. PIMENTEL, ET AL., 645 PHIL. 1, 6 (2010) CITING GO
V. SANDIGANBAYAN (FIRST DIVISION), 559 PHIL. 338, 341 (2007).

 A prejudicial question is one that arises in a case the resolution of which is a logical
antecedent of the issue involved therein, and the cognizance of which pertains to another
tribunal. It is a question based on a fact distinct and separate from the crime but so
intimately connected with it that it determines the guilt or innocence of the accused and
for it to suspend the criminal action, it must appear not only that said case involves facts
intimately related to those upon which the criminal prosecution would be based but also
that in the resolution of the issue or issues raised in the civil case, the guilt or innocence
of the accused would necessarily be determined.
SECTION 7. ELEMENTS OF A PREJUDICIAL QUESTION

 The PREVIOUSLY instituted civil action involves an issue similar or intimately related to
the issues raised in the SUBSEQUENT criminal action; and
 When the criminal action has been filed in court for trial, the petition to suspend shall be
filed in the same criminal action, at any time before the prosecution rests
 The petition for suspension by reason of a prejudicial question shall be filed with:
- The office of the prosecutor
- Court where the criminal action has been filed for trial, before the prosecution rests

EXAMPLE OF PREJUDICIAL QUESTION

 Nobern married Armie in 2005. In 2006, Nobern married Lydia because Lydia threatened
to kill him unless he marries her. In 2007, Nobern filed an annulment against Lydia on the
ground of threat and intimidation. In 2008, Armie filed a criminal case for bigamy against
Nobern upon learning of Nobern’s marriage to Lydia.

WHAT IS A PREJUDICIAL QUESTION?

1. The previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action, and
2. The resolution of such issue determines whether or not the criminal action may proceed.

 NOTE: the ONLY instance when a Criminal action is suspended due to the pendency of
a civil action
LECTURE 5

PRELIMINARY INVESTIGATION (RULE 112)

 An inquiry or proceeding to determine whether there is sufficient ground to engender a

well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial.
 To determine probable cause

PURPOSE OF DETERMINATION OF PROBABLE CAUSE

 Prosecutor – for ascertainment of trial or release

 Judge – for the issuance of a warrant of arrest/issuance of a search warrant
 Police Officer – valid warrantless arrest (exceptions)

NOTE

 4-2-1 Rule
 A mere statutory right
 Not a right during inquest proceedings unless waiver of Art. 125
 May be invoked within 5 days from notice
 Waiver of the right to preliminary investigation
 Remedies if no preliminary investigation was conducted
 Ordinary filing
 Suspect vs Respondent vs Accused vs Child in Conflict with the Law (CICL)

- PURPOSES according to jurisprudence

 For the investigating prosecutor to determine if a crime has been committed
 To protect the accused from the inconvenience, expense and burden of
defending himself in a formal trial unless the reasonable probability of his guilt
shall have been ascertained in a fairly summary proceeding by a competent
officer
  To secure the innocent against hasty, malicious, and oppressive prosecution,
and to protect him from an open and public accusation of a crime, from the
trouble, expenses & anxiety of public trial
 To protect the state from having to conduct useless & expensive trials

- Preliminary investigation is merely inquisitorial and often a means of discovering the

persons who may be reasonably charged with a crime. It is NOT a trial on merits, only
to determine if the is probable cause,
 Absence of PI does not affect court jurisdiction
 It is not a ground to quash information
 Not a ground to dismiss trial
 Order by court to prosecutor to conduct PI
 PI is not part of the trial; the dismissal of the case by the investigation prosecutor will not
constitute double jeopardy and will not bar the filing of another complaint for the same
offense, but if re-filed, the accused is entitled to another PI (US v. Marfori 35 Phil 666)

WHO CAN CONDUCT PRELIMINARY INVESTIGATION?

1. Provincial or City Prosecutors and their assistants;

2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law [COMELEC, Ombudsman, PCGG, etc..]

Note: AM 05-0-8-26-SC effective on October 3, 2005: MTC Judges can no longer conduct
preliminary investigation

SECTION 3. PROCEDURE

SECTION 4. RESOLUTION AND REVIEW

TAKE NOTE!

 A. A criminal action must be supported by affidavits of the complainant and his witnesses
(must be under oath; certification that the affiants were personally examined and that
they voluntarily executed the same and understood it); state the address of the
respondent; and must include the other pieces of evidence supporting the case.
 B. If a complaint is filed, it must be sufficient in form
 C. Number of copies are proportionate to the number of respondents plus 6 official copies

RULES!

 1. Within 10 days after the filing, investigating prosecutor/officer determinates if there is

prima facie case. If none – dismiss. If there is – issue subpoenas.
 2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits
and documents – respondent submits counter affidavit after furnishing a copy to the
complainant. (Respondent has the right to examine evidence)
 3. In case respondent cannot be subpoenaed or does not submit counter affidavit within
10 days – investigating prosecutor/officer resolves the complaint on the basis of evidence
presented by complainant.

RULES

 Clarificatory hearing – if there are facts and issues to be clarified from a party or witness
must be within 10 days after submission of counter affidavit. No direct/cross
examinations. Questions must be addressed to the investigating prosecutor.
- (must be concluded in 5 days)
- (eg 9262 common name)
 Resolution – within 10 days after the investigation.
 Forwarding of prosecutor’s resolution to superiors – within 5 days
 Superiors shall act on the resolution – within 10 days
 PI concluded within 60 days from filing
RULES

 Appeal via Petition for Review to Sec. of DOJ (DOJ Cir. 70; July 3, 2000) should be filed
within 15 days from the receipt of the resolution or of the denial of Motion for
Reconsideration/Motion for Reinvestigation
 Only ONE MR shall be allowed
 If crime is within jurisdiction of MTC – Regional State Prosecutor
 If crime is within jurisdiction of RTC – Department of Justice

RULES

 Appeal (Petition for Review) shall stay the filing of the corresponding information in court
on the bases of the finding of probable cause in the appealed resolution
 If the information has been filed in court, the court is bound to suspend the arraignment
of the accused for a period NOT exceeding 60 days

TAKE NOTE

 No motion to dismiss is allowed in lieu of a counter-affidavit

 Rights of respondent in a preliminary investigation
 To submit counter-affidavit
 To examine evidence submitted by the complainant
 To be present in the clarificatory hearing

RULES

 The Rules do not require the presence of the respondent in the Preliminary Investigation.
What is required is that he be given the opportunity to controvert the evidence of the
complainant by submitting a counter-affidavit and affidavits of witnesses
 The dismissal of the complainant during PI does not constitute double jeopardy because
PI is not part of the trial. In this case, it cannot be considered equivalent to a juridical
pronouncement of acquittal. (Vincoy v. CA, GR 156558 June 14, 2004)
WAIVER OF PRELIMINARY INVESTIGATION

1. Failure to claim it before the accused pleaded.

2. Silence of the accused.
3. Failure to request it within 5 days from the time he learns of the filing of the complaint or
information in those instances where the accused is lawfully arrested without a warrant.

REMEDIES IF NO PRELIMINARY INVESTIGATION WAS CONDUCTED

1. Refuse to enter a plea upon arraignment and object to further proceedings upon such
ground.
2. Insist on a preliminary investigation.
3. Rate lack of preliminary investigation as error on appeal.
4. File a petition for certiorari.
5. File for petition for prohibition.

SECTION 5. WHEN WARRANT OF ARREST MAY ISSUE

WARRANT OF ARREST

 Is issued after the judge determines that there is probable cause to issue warrant within
10 days from the filing of the complaint or information. There is no need to conduct
hearing.
 PROBABLE CAUSE – it presupposes a reasonable ground for belief in the existence of facts
warranting the proceedings complained of
 If the judge is satisfied that there is no necessity for placing the accused under custody,
he may issue summons instead of a warrant of arrest.
 Judges are required, in the determination of probable cause, to:
 Personally evaluate the report & supporting documents submitted by the prosecutor;
 On the basis of such evaluation, he may: a) dismiss; b) issue warrant; or c) require
further affidavits
  Judges of RTCs and lower courts need not PERSONALLY EXAMINE the complainant
and witnesses in the determination of probable cause for the issuance of a warrant
of arrest.
 Instances when NO warrant of arrest is necessary:
 If the accused is already under detention (instead-commitment order);
 If the complaint/information was filed after the accused was lawfully arrested
without warrant
 If the offense is punishable by fine only
 The prosecutor may file information without conducting a preliminary investigation if the
accused is caught in flagrante delicto, or as a result of a hot pursuit, or is an escapee.
 The accused may ask for a preliminary investigation if he is charged with a crime carrying
a penalty of at least 4 yrs., 2 mos., and 1 day if he signs a waiver of his rights under Art.
125, RPC, and in the presence of his counsel, BEFORE the complaint or information is filed.
 Notwithstanding the waiver, he may apply for bail and the investigation must be
terminated within 15 days from its inception.
 AFTER the filing of complaint or information without a preliminary investigation, the
accused may, within 5 days from the time he learns of its filing, ask for a preliminary
investigation.

INQUEST PROCEEDINGS

 An inquest is an informal and summary investigation conducted by a public prosecutor in

a criminal case involving persons arrested and detained without the benefit of a warrant
of arrest issued by the court for the purpose of determining whether said persons should
remain under custody and correspondingly charged in court.
 The prosecutor may file information without conducting a preliminary investigation if the
accused is caught in flagrante delicto, or as a result of a hot pursuit, or is an escapee.
 The arresting officer must bring the arrestee before the inquest prosecutor to determine
whether the person should remain in custody and charged in court or if he should be
released for lack of evidence or for further investigation.
  The custodial investigation report shall be reduced to writing, and it should be read and
adequately explained to the arrestee by his counsel in the language or dialect known to
him.
 The record of the preliminary investigation shall NOT form part of the record of the case.
 However, the court may order the production of the record or any of its part when
necessary for the resolution of the case or any incident therein, or when it is to be
introduced as an evidence in the case by the requesting party

SECTION 8. CASES NOT REQUIRING PI NOR COVERED BY RULES ON SUMMARY PROCEDURE

 At least 4 years 2 months and 1 day = required preliminary investigation

 6 months and below imprisonment/fine not exceeding Php 1,000.00 = Rules on Summary
Procedure

So what do we do

6 months and 1 day to 4 years and 2 months???

 If filed with the prosecutor – if the crime is punishable by LESS than 4 yrs., 2 mos., and 1
day, the prosecutor determines probable cause based on complaint and evidence, then
file the information within 10 days from receipt otherwise recommend dismissal
 If filed with MTC/MCTC/MTCC (not chartered cities)
 If the judge finds probable cause, he shall issue a warrant of arrest or a
commitment order
 However, if there is no necessity of placing accused under custody, he may issue
summons instead
 If the judge finds that there is no probable cause, he may either:
 Dismiss the case within 10 days after the filing; or
 Require submission of additional evidence. If he still finds no probable cause, he
may dismiss it within 10 days from submission.
SUMMARY:

Penalty is more than 6 months to 4 years and 2 months, case may be filed:

a. With the prosecutor’s office but probable cause must be determined within 10 days then
file information in Court else dismiss the case; or
b. Directly with the Court where Court determines probable cause by ordering accused to
submit counter affidavit; if still no probable cause, dismiss the case within 10 days; if with
probable cause, issue warrant of arrest/commitment order/summons

 Summary proceedings – (if penalty is 6 months and below of imprisonment/fine not

exceeding Php 1,000.00) filing of affidavits of witness is necessary (witness cannot testify
if he/she does not have an affidavit); no warrant shall be issued except where the accused
fails to appear after being summoned
 Revised Rules on Summary Procedure requires 2 sets/copies of affidavit and attachments
plus number of accused. (ground for dismissal)
RULE 113

SECTION 1. DEFINITION

- Refers to the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.

MODES of arrest:

 Arrest by virtue of a warrant

 Arrest without warrant under exceptional circumstances as may be provided by statute
(sec. 5, Rule 113)

WARRANT OF ARREST

- A warrant of arrest is legal process issued by competent authority, directing the arrest of
a person or persons upon grounds stated therein.

NOTES ON ARREST

- A warrant arrest has NO EXPIRY DATE. It remains valid until arrest is effected or warrant
is lifted or there is proof that the accused has already died.
- A PETITION TO QUASH is the remedy if the warrant was improperly issued.
- Posting of bail does not bar one from questioning illegal arrest.

HOW ARREST IS EFFECTED

 By actual restraint of the person to be arrested

 By his submission to the custody of the person making the arrest

**No violence or unnecessary force shall be used in making an arrest.

Reasonable amount of the force may be used to effect arrest

“A police officer, in the performance of his duty, must stand his ground and cannot, like a private
individual, take refuge in flight. This duty requires him to overcome his opponent”. (Valcorza v.
People 30 SCRA 143)
DUTY OF THE ARRESTING OFFICER

A duly issued warrant not only authorizes the proper officer to make an arrest but makes it his
duty to carry out without delay the commands thereof.

Once the arrest is made, the officer executing the warrant is directed to deliver the arrested
person to the nearest police station or jail and make a return to the court which issued the
warrant.

REMEDIES OF A PARTY WHEN WARRANT OF ARREST ISSUED AGAINST HIM

 Post bail
 Ask for reinvestigation
 Petition for review
 Motion to quash the information
 If denied, appeal the judgment after trial

NOTE: no certiorari

 The MIRANDA RIGHTS should be read in a language or dialect fully understood by the
accused (PNP KNOW YOUR RIGHTS mobile app)

ARTICLE III, SECTION 12 OF THE 1987 CONSTITUTION, providing as follows:

Sec. 12. (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
SERVICE OF A WARRANT OF ARREST

Upon arrest, the following may be confiscated:

 Objects subject of the offense or used or intended to be used in the commission of the
crime.
 Objects which are the fruits of the crime
 Objects which might be used by the arrested person to commit violence or escape
 Dangerous weapons and those which may be used as evidence in the case.

GEN RULE: ARREST MUST PRECEDE THE SEARCH\

SECTION 5

1. IN FLAGRANTE DELICTO – when in his presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense.
2. DOCTRINE OF HOT PURSUIT – when an offense has in fact just been committed, and he
has probable cause to believe based on PERSONAL KNOWLEDGE of facts and
circumstances that the person to be arrested has committed it.

 In the Doctrine of Hot Pursuit, there must be a large measure of immediacy between the
time the offense was committed and the time of the arrest.

In both instances (in flagrante delicto and hot pursuit), the arrested person should be brought to
the nearest police station or jail and comply with the provisions of ART. 125, RPC. Otherwise, the
officer may be liable for arbitrary detention.

3. When the person to be arrested is a prisoner who has escaped from a penal establishment
or 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.
 Convict – escape – in the continuous act of committing a crime – evasion of service of
sentence
 4. Where a person who has been lawfully arrested escapes or is rescued (sec. 13, Rule 113)
5. Arrest made by a bondsman for the purpose of surrendering the accused (sec. 23, Rule
114)
6. Where the accused attempts to leave the country without permission from the court (sec.
23, Rule 114)
- If the arrest is believed to be illegal, the accused must raise his objection to the
illegality of the arrest BEFORE ARRAIGNMENT, otherwise, the right to object is
deemed waived.
 i.e. enters a plea and participated in trial, accused waives illegality of arrest.

In the case of People v. Alunday, 564 SCRA 135 (2008), the Court held that when a police officer
sees the offense although at a distance, or hears the disturbances created thereby, and
proceeded at once to the scene, he may effect an arrest without a warrant as the offense is
deemed committed in his presence within his view.

People v. Legaspi (GR 173485 November 23, 2011)

Entrapment (Buy – bust) Instigation

- lawful - unlawful
- purpose is to trap and capture - involves the inducement of the
lawbreakers in the execution would-be accused into the
of their criminal plan commission of the offense.
- sanctioned by law - the instigators become co-
principals themselves.
- the criminal intent originates in - the criminal intent originates in
the mind of the accused the mind of the instigating
person
SECTION 6. TIME OF MAKING ARREST

Present warrant for the accused to rad, but an arrest may be made even if the police officer is
not in possession of the warrant of arrest, then show him a copy when practicable.\

 The officer shall inform the person to be arrested the cause of the arrest and the fact the
warrant has been issued for his arrest, except:
 When the person to be arrested flees;
 When he forcibly resists before the officer has an opportunity to inform him;
 When the giving of such information will imperil the arrest.
 A letter-invitation is equivalent to arrest
 Under RA 7438, the requisites of a custodial interrogation are applicable even to a
person not formally arrested but merely invited for questioning

Female arresting officer part of the team

SECTION 10. OFFIER MAY SUMMON ASSISTANCE

Only an officer making the arrest is governed by the rule. It does not cover a private individual
making an arrest.

SECTION 11. RIGHT OF AN OFFICER TO BREAK INTO A BUILDING OR ENCLOSURE TO MAKE AN

ARREST

The person to be arrested is or is reasonable believed to be in the said building.

That he has announced his authority and purpose for entering therein.

That he has requested and had been denied admittance.

Generally, a lawful arrest can be made anywhere even on private property.

SECTION 12. RIGHT TO BREAK OUT FROM BUILDING OR ENCLOSURE

The officer has the right to break in, has also the right to break out.

But a private person making an arrest cannot break in or out of a building or enclosure because
only officers are allowed to do so.

SECTION 13. ARREST AFTER ESCAPE OR RESCUE

Where a person lawfully arrested escapes or is rescued, any person may immediately pursue or
retake him without a warrant at any time and in any place within the country. The pursuit must
be immediate.

The fugitive may be retaken by any person who may not necessarily be the same person from
whose custody he escaped or was rescued.

SECTION 14. RIGHT OF ATTORNEY OR RELATIVE TO VISIT A PERSON ARRESTED

The counsel, at the request of the person arrested or someone in his behalf, has the right to visit
and confer privately with such person at any hour of the day or night.

The relative may visit the arrested person within reasonable hours of the day.
BAIL

 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.

BASIS

 All persons, except those charged with the offenses punishable by Reclusion Perpetua
when the evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. (SEC 13. ART. III, 1987
CONSTITUTION)

KINDS

 Corporate Surety
 Property Bond
 Cash Deposit
 Recognizance
 (RA 10389 – Recognizance Act of 2012 – an act institutionalizing recognizance as
a mode of granting the release of an indigent person in custody as an accused in a criminal
case and for other purposes)
 Prosecution witnesses may also be required to post bail to ensure appearance at trial
where
 There is a substitution of information
 The court believes that a material witness may not appear at the trial.

CONDITIONS OR REQUIREMENTS OF BAIL

 Effective upon approval, unless cancelled, shall remain in force at all stages of the case
until the promulgation of judgment of the RTC (whether original or appellate jurisdiction)
 The accused shall appear before the proper courts whenever required by the court
 Failure to appear at trial without justification despite due notice shall be deemed a waiver
of his right to be present thereat. Trial may proceed in absentia.
  The court could not, however, impose as a condition for bail the arraignment of the
accused (LAVIDED V. CA FEBRUARY 1, 2000)
 The bondsman shall surrender the accused to court for execution of the final judgment.
 No additional conditions shall be imposed.
 A detention prisoner who escapes waives his right to cross examination (160 SCRA 1)
 The condition which requires the accused to appear whenever required operates as a
valid restriction on his right to travel (142 SCRA 149)

REQUISITE WHEN THE ACCUSED SHOULD BE PRESENT IN COURT

1. Must be in court during arraignment

2. Must be in court for purposes of identification
3. Must be in court during the promulgation of judgment
4. Must be in court in all other instances when required

SECTION 3. NO RELEASE OR TRANSFER EXCEPT ON COURT ORDER OR BAIL

 No person under detention by legal process shall be released or transferred except upon
order of the court or when he is admitted to bail

SECTION 4. BAIL, A MATTER OR RIGHT; EXCEPTION

 BAIL A MATTER OF RIGHT

 Before or after conviction by the MTC/MCTC/MTCC
 Before conviction by the RTC

 Except: when the imposable penalty is death, reclusion perpetua, or life

imprisonment and the evidence of guilt is strong
Hearing is not necessary when bail is a matter of right and the bail is based on the
recommendation of the prsecutor.
 But where there is a reduction of bail as recommended or after conviction by the RTC of
an offense not punishable by capital punishment, there must be a hearing before bail is
granted to afford the prosecution the chance to oppose it (Bangayan V. Butacan 345 SCRA
301)
  ??? An extradite is not entitled to bail because extradition courts do not render judgments
of conviction or acquittal

 The right to bail is not available to a military personnel or officer who violate the articles
of war. (ASWAT V. GALIDO 204 SCRA 205)

SECTION 5. BAIL, WHEN DISCRETIONARY

 Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or
life imprisonment.
 The application for bail shall be filed and acted upon despite notice of appeal if records
are still with the trial court.

 Appellate court shall decide if the records are with the appellate court already or
the conviction is from non-bailable offense to a bailable offense.

GROUNDS FOR DENIAL:

 If the penalty imposed by the trial court is imprisonment exceeding 6 years;

 The accused is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
crime aggravated by the circumstance of reiteration;
 Accused has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without justification;
 Accused committed the offense while under probation, parole, or conditional pardon;
 The circumstances of his case indicate the probability of flight if released on bail; or
 There is undue risk he may commit another crime during pendency of appeal.

SECTION 6. CAPITAL OFFENSE DEFINED

An offense which, under the law existing at the time of its commission and of the
application for admission to bail, may be punished with death.

 RA 9346 – an act abolishing the death penalty

SECTION 7. CHARGED WITH CAPITAL OFFENSE

 Accused shall not be admitted to bail when evidence of guilt is strong, regardless of the
stage of the criminal prosecution.
 Hearing on application for bail of non-bailable offense is mandatory

SECTION 8. BURDEN OF PROOF IN BAIL APPLICATION

 Prosecution has the burden of showing that evidence of guilt is strong

 Hearing should be summary or otherwise in the discretion of the court. (COMIA V.
ANTONA 337 SCRA 656)
 The evidence presented during the bail hearings are considered automatically reproduced
at the trial, but upon motion of either party, the court may recall any witness for
additional examination unless the witness is dead, outside the Philippines or otherwise
unable to satisfy

SECTION 9. AMOUNT OF BAIL; GUIDELINES

The judge who issued the warrant shall fix a reasonable amount of bail considering
primarily, but not limited to:

 Financial ability of the accused to give bail

 Nature and circumstance of the offense
 Penalty for the offense charged
 Character and reputation of the accused
 Age and health of the accused
 Weight of the evidence against the accused
 Probability of the accused appearing at trial
 Forfeiture of other bail
 The fact that the accused was a fugitive from justice when arrested
 Pendency of other cases where the accused is on bail
SECTION 16. BAIL, WHEN NOT REQUIRED; REDUCED BAIL OR RECOGNIZANCE

 No bail required when the law or rules so provide

 When the accused has been in custody for a period equal to or more than the possible
maximum imprisonment prescribed for the offense charged, he must be released
immediately without prejudice to the continuation of the trial

 If the maximum penalty is destierro, the accused shall be released after 30 days of
imprisonment
 If the person has been in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged without the application of the ISL or
other modifying circumstance, he shall be released on a reduced bail or on his own
recognizance.
 RA 6036 – bail shall not be required in cases of violations of municipal or city ordinances,
and in criminal cases where the prescribed penalty is not higher than arresto mayor
and/or a fine of P2,000.00 or both
 Except:
 When the accused is caught committing the offense in flagrante;
 When he confesses to the commission of the offense unless he later repudiates it
in a sworn statement or in an open court as having been extracted through force or
intimidation;
 When he has previously escaped imprisonment, evaded sentence or jumped bail;
 When he has been previously found to violate SEC. 2 of RA 6036 as to the
requirement that he be placed under the custody of a responsible citizen of the
community;
 When he is a recidivist or a habitual delinquent or previously convicted of an
offense to which the law ordinance attaches an equal or greater penalty or for two or
more offenses to which it attaches a lighter penalty;

 When he commits the offense while on a parole or under conditional pardon;

  When he has been previously pardoned by the municipal or city mayor for
violation of municipal or city ordinance at least twice;

SECTION 17. BAIL-WHERE FILED

 In court where the case is pending, or in the absence or unavailability of the judge thereof,
with any regional trial judge, or any inferior court judge in the province, city or
municipality (when bail is a matter of right)

 If the records are still with the RTC after conviction, then apply for bail in the RTC; if the
case records have already been submitted to the court of appeals, the bail application
should be with the CA
 If the accused is arrested in another territory he may file with any regional trial court of
said place, or if no judge is available, with any inferior court judge therein (when bail is a
matter of right)

 If bail is sought as a matter of discretion or sought to be released on recognizance, only

in the court where the case is pending, whether on trial or appeal
 Any person who is not yet charged in court may apply for bail with any court in the
province, city or municipality where he is held

 If the decision of the trial court changed the nature of the offense, from non-bailable to
bailable, the application for bail can only be resolved by the appellate court

SECTION 18. NOTICE OF APPLICATION TO THE PROSECUTOR BY THE COURT

 When bail is a matter of discretion, the court must give reasonable notice of the hearing
to the prosecutor or require him to make a recommendation
 The notice is necessary as the burden of proving that the evidence of guilt is strong is on
the prosecution and that the discretion of the court in admitting the accused to bail can
be exercised only after the fiscal has been heard regarding the nature of the evidence in
his possession (PEOPLE V. RABA 130 PHIL 384)
SECTION 19. RELEASE ON BAIL

 Once the accused has been admitted to bail, he is entitled to immediate release from
custody.
 An officer who fails or refuses to release him from detention notwithstanding the
approval of his bail bond shall be liable under ART. 126 (ARBITRARY DETENTION) of the
revised penal code

 If it is filed in another court, the latter court sends the documents of bail to the court
where the case is pending

SECTION 20. INCREASE OR REDUCTION OF BAIL

 When the amount of bail is increased, the accused may be committed to custody if he
does not post bail in the increased amount within a reasonable period.
 The guidelines in SEC. 9 of this rule shall also be applicable in increasing or reducing the
amount of bail
 Where the offense is bailable as a matter of right, the mere probability that the accused
will escape, or even if he had previously escaped detention, does not deprive him of his
right to bail.
 The remedy is to increase the amount of bail, provided it will not be excessive (SY
GUAN V. AMPARO 79 PHIL 670)

SECTION 21. FORFEITURE OF BAIL

 Within 30 days from the failure of the accused to appear for trial, the bondsman must:
 Produce the body of the accused, and
 Explain why he failed to appear in court
 If the bondsman fails in these, a judgment shall be rendered against the
bondsmen, jointly and severally, for the amount of bail.
 The 30 days cannot be shortened but may be extended by the court for good cause shown
  ORDER OF FORFEITURE – conditional and interlocutory, there being something more to
be done, such as the production of the accused within 30 days. This order is not
appealable
 ORDER OF CONFISCATION – dependent on the order of forfeiture. It is a judgment
ultimately determining the liability of the surety, and therefore final and execution may
issue at once.

SECTION 22. CANCELLATION OF BAIL

 Death of the accused or upon order of the court

 Automatic upon acquittal of the accused or dismissal of the case, or execution of
judgment of conviction
 In order to be relieved from the obligation contracted by them by virtue of their bond, a
judicial order relieving the bondsmen of their liability is necessary (PEOPLE V. LORREDO
50 PHIL 209)

SECTION 23. ARREST OF ACCUSED OUT ON BAIL

 Methods by which sureties relieve themselves from responsibility:

 Arrest the principal and deliver him to the proper authorities
 They may cause the arrest of the principal by a police officer or other person of
suitable age and discretion
 By endorsing the authority to arrest upon a certified copy of the undertaking and
delivering it to such person

 An accused released on bail may be rearrested without a warrant if he attempts to depart

from the Philippines without prior permission of the court where the case is pending.
 The proper court may issue a hold-departure order or direct the DFA to cancel the
passport of the accused. This is a valid restriction on the right of the accused to travel.
(SILVERIO V. CA 195 SCRA 760)
SECTION 24. NO BAIL AFTER FINAL JUDGMENT

Except if before finality, the accused applies for probation, he may be allowed temporary
liberty under his existing bail bond

 Application for probation serves as a waiver of the right to appeal

 No bail if accused commences to serve sentence
 No bail shall be granted even if continued confinement of the accused would be
detrimental to his health.
 The remedy is to submit him to medical treatment or hospitalization

BAIL NOT A BAR TO OBJECTIONS ON ILLEGAL ARREST, LACK OF OR IRREGULAR PRELIMINARY

INVESTIGATION

 Shall not bar the accused from challenging:

 The validity of his arrest
 The legality of the warrant issued; or

 The regularity or questioning the absence of preliminary investigation of the

charge against him. Provided, he raises them before entering his plea

KEY: (PIPTEC CoSpA)

P – resumed innocent

I – nformed of the nature of the cause and accusation

P – resent in person and by counsel

T – estify in his own behalf

E – xempt from being compelled to be a witness against himself

C – onfront witnesses

S – peedy, impartial and public trial

A – ppeal

RIGHTS OF THE ACCUSED

To be presumed innocent until the contrary is proved beyond reasonable doubt

 The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
 It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies
in the prosecution. Unless guilt beyond reasonable doubt is established, the accused need
not prove his innocence.
 Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of
Argumentation and Debate).

 Equipoise rule – where the evidence of the parties is evenly balanced, the constitutional
presumption of innocence shall tilt in favor of the accused who must be acquitted.

TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM

 Essential to avoid surprise and to afford him the opportunity to prepare his defense
accordingly.

 Arraignment serves this purpose by informing him why the prosecuting arm of the state
is mobilized against him.

 An accused cannot be convicted of an offense unless it is clearly charged in the complaint

or information. Basic rule – you cannot prove what you did not allege.

TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE

PROCEEDINGS, FROM ARRAIGNMENT TO PROMULGATION OF JUDGMENT

 Express of Implied waiver is renunciation to be present on that particular date only

 Trial in absentia – accused has been: Arraigned/Duly Notified of the Trial/His Failure to
Appear is Unjustified.
 Escape of the accused is waiver by implication to be present on said date and all
subsequent trial dates. [Fact of escape made his failure unjustified because he has, by
escaping, placed himself beyond the pale and protection of the law (People v. Salas 143
SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)]

 Without the help or assistance of a counsel, a person may be convicted not because he is
guilty but because he does not know how to establish his innocence
 Counsel not member of bar (except in places where there are absolutely no lawyers)
 Counsel with conflict of interest
 Counsel he cannot afford
 Change counsels/panel of counsels
 The right covers the period beginning from the custodial investigation up to appeal
(People v. Serzo Jr. 274 SCRA 553)
 If during custodial investigation, the lawyer comes and goes, the statement signed by the
accused is still an inadmissible extrajudicial confession

 Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel
de officio. He must act on behalf of the accused.
When an accused is represented by a fake lawyer who pretended to be a member of the
bar, his right to counsel is violated, unless the accused voluntarily chose him knowing him
to be a non-lawyer.

 The duty of the court to appoint a counsel de officio when the accused has no legal
counsel and desires to employ the services of one is MANDATORY only at the time of
arraignment (sec. 6, Rule 116)
 Note: Counsel de officio; counsel de parte
  To testify as a witness on his own behalf subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.

 Right to testify on his own behalf:

 Once exercised, the accused is subject to limited cross-examination.
 If not exercised, no inference of guilt can be derived from his silence alone.

To be exempt from being compelled to be a witness against himself.

 Right against self-incrimination:

 Intended to shield the guilty & imprudent as well as the innocent & farsighted.
 Based on public policy and humanity, otherwise, the accused will be placed on the
strongest temptation to commit perjury.

A. Prohibition covers testimonial compulsion and the production of the accused of

incriminating documents and articles demanded from him.
B. Does not include compulsion to submit fingerprints, photograph, blood or urine samples,
and others requiring a mere mechanical act on the part of the accused [Villaflor v.
Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v. California, US L.Ed. 2d
908, 89 S CT No. 658]

** if witness is presented but was not cross-examined – testimony must be expunged

** Accused cannot insist of this right if the witness did not take the witness stand.

A detention prisoner who escapes waives his right to cross examination (160 SCRA 1)

TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT THE TRIAL

  Accused can ask the court to issue subpoena for his witness to be present and to ask that
pieces of evidence in his favor be brought by witness.
 Note: Subpoena and testificandum;

Subpoena duces tecum

RIGHT TO COMPUSARY PROCESS ISSUED TO SECURE ATTENDANCE OF WITNESSES AND

PRODUCTION OF OTHER EVIDENCE ON HIS BEHALF.

RIGHT TO SPEEDY TRIAL

 The right to a speedy trial is intended to avoid oppression and to prevent delay by
imposing on the courts and on the prosecution an obligation to procees with reasonable
dispatch.
 The limitation of this right is that the State must not be deprived of its day in court and
the right of the State and the prosecution of due process must be respected.

 There is NO violation of the right where the delay is imputable to the accused.
 The right to a speedy trial is violated when there are UNJUSTIFIED postponements.

RIGHT TO SPEEDY TRIAL

 Due process requires a hearing before an impartial and disinterested tribunal and that
every litigant is entitled to nothing less that the cold neutrality of an impartial judge.
(Mateo, Jr. v. Villaluz, 50 SCRA 180)
 “Like Caesar’s wife, a judge must not be only pure but beyond suspicion.” (Palang v. Zosa,
58 SCRA 776)

RIGHT TO IMPARTIAL TRIAL

  One held open or publicity; anyone interested in observing the way the judge conducts
his proceedings in a courtroom may do so.
 It is sufficient that relatives and friends who want to watch the proceedings are given the
opportunity to witness the proceedings.
 It is done in public to prevent abuses that may be committed by the court and the accused
is entitled to moral support from his friends and relatives. If it is done in the judge’s
chambers, it is still valid because the public is not excluded.

RIGHT TO PUBLIC TRIAL

 The right to appeal from a judgment of the conviction is fundamentally of statutory origin.
It is not a matter of absolute right that is independent of constitutional or statutory
provisions allowing such appeal.
 Within 15 days from the promulgation of judgment
 The right to appeal is personal to the accused and it may be waived either expressly or by
implication.

RIGHT TO APPEAL
ARRAIGNMENT AND PLEA

SECTION 1. ARRAIGNMENT AND PLEA; HOW MADE

 The accused must be arraigned before the court where the complaint was filed or
assigned for trial.
 Arraignment is made:
- In open court
- By the judge or clerk
- By furnishing the accused with a copy of the complaint or information
- Reading it in the language or dialect known to him, and
- Asking him whether he pleads guilty or not guilty.

A plea of “Not Guilty” shall be entered for the accused if:

- He pleads not guilty
- He refuses to enter a plea
- He makes a conditional plea
- He pleads an indefinite or ambiguous plea
- He pleads guilty but presents exculpatory evidence
- He pleads guilty under due to coercion, duress or intimidation
- He claims to not have understood the information
- The accused MUST BE PRESENT at the arraignment and must personally enter his plea.
- Both arraignment and plea shall be entered into record but failure to do so shall not
affect the validity of the proceedings

PERIOD OF ARRAIGNMENT

- Unless provided by special law or supreme court, the arraignment shall be held
within 30 days from the date the court acquires jurisdiction over the accused (from
arrest or surrender)
 - If the accused is under preventive detention, records shall be transmitted to the
court where the case was raffled, within 3 days from filing.
- The accused shall be arraigned within 10 days from the date of raffle
- A pre-trial conference shall be held within 10 days from the date of arraignment
- Importance of arraignment: it is an indispensable means for bringing the accused into
court and informing him of the nature and cause of the accusation against him.
- Why he was indicted, what penal offense he has to face
- Know the precise charge that confronts him so that he can prepare for his defense
- He is made fully aware of possible loss of freedom
- There can be no double jeopardy where the accused has not yet pleaded to the
offense
- There is no rule that simply because the accused pleaded guilty to the charge, that
his conviction automatically follows. Additional evidence independent of the plea may
be considered to convince the judge that it was intelligently made.

- The private offended party shall be required to appear at the arraignment for purposes
of:
- Plea bargaining
- Determination of civil liability
- Other matters requiring his presence
- In case of failure of the offended party to appear despite due notice, the court may
allow the accused to enter a plea of guilty to a lesser offense which is necessarily
included in the offense charged, with the conformity of the trial prosecutor alone.
SECTION 2. PLEA OF GUILTY TO A LESSER OFFENSE

Elements for pleading to a lesser offense:

- Accused himself must plead guilty to a lesser offense, during or after arraignment
but BEFORE trial
- Consent of the offended party and trial prosecutor
- There is no need to amend the information
- If the second element is absent, there will be no double jeopardy

Plea bargaining – a process where the defense and the trial prosecutor comes up with reasonable
solution to dispose a case

- It should be made anytime during or after arraignment but BEFORE trial (before
prosecution presents evidence)

SECTION 3. PLEA OF GUILTY TO A CAPITAL OFFENSE; RECEPTION OF EVIDENCE

- If the accused pleads guilty to a capital offense, the court shall conduct a
SEARCHING INQUIRY as to the voluntariness of the plea and full comprehension of
the consequences of his plea
- The prosecution is required to prove his guilt and precise degree of culpability
- The accused may be allowed to present evidence

EFFECT OF FAILURE TO CONDUCT SEARCHING INQUIRY:

- If the conviction is based solely on the plea, conviction is void for failure to comply
with the requirement of law
- If there were other pieces of evidence presented to support the conviction, it is
valid
SECTION 4. PLEA OF GUILTY TO A NON-CAPITAL OFFENSE; RECEPTION OF EVIDENCE

- Hearing is discretionary upon the court; the purpose of hearing is only to determine
the proper penalty to be imposed (circumstances affecting criminal liability)

EFFECTS OF PLEA OF GUILTY:

- Accused admits nature and cause of the charges against him (admits the crime
without conditions)
- Accused admits material facts in the information (admits any aggravating or
qualifying circumstances in the information)
- Becomes sufficient basis for rendering judgment (crime is deemed tried on the
merits and submitted for decision)
- No other recourse of judge but to render decision based on judicial admission

Capital offense Non-capital offense

- Hearing is mandatory - Hearing is discretionary
- Evidence must be presented by - Searching inquiry is not
the prosecution required
- Searching inquiry is required - No need for the court to receive
evidence

SECTION 5. WITHDRAWAL OF AN IMPROVIDENT PLEA OF GUILTY

Instances of Improvident plea

- Plea of guilty was compelled by violence or intimidation

- The accused did not fully understand the meaning and consequences of his plea
- Insufficient information to sustain conviction of the offense charged
- Information does not charge any offense, any conviction from such information is
void
- The court has no territorial jurisdiction or jurisdiction over the subject matter
When should IPG be raised?

- AFTER conviction but BEFORE finality of judgment

- i.e. on appeal since conviction is not yet final

SECTION 6. DUTY OF COURT TO INFORM ACCUSED OF HIS RIGHT TO COUNSEL

- BEFORE arraignment, it is the court’s duty to appoint a counsel

- AFTER arraignment, it is no longer the duty of the court to provide counsel, unless
accused asks for assistance (166 S 68; 284 S 315)
- Where the record of the case does not show whether or not the court informed
the appellant of his right to counsel, it is presumed that the court has complied
with its duty
- The duty of the court does not end with the appointment of counsel for accused;
counsel appointed must be required to act
- The court may restrict accused’s option to retain a counsel de parte if:
- The accused insists on a lawyer he cannot afford
- The chosen counsel is not a member of the bar
- The lawyer declines to represent the accused for valid reasons
- i.e. conflict of interest

SECTION 8. TIME FOR THE COUNSEL DE OFICIO TO PREPARE FOR THE ARRAIGNMENT

- reasonable time for the appointed counsel de oficio (315 S 505):

- to study the information
- to confer with the accused before he enters a plea

SECTION 9. BILL OF PARTICULARS

- it is a remedy of the accused who does not understand the information

- it is a tool which may make the information much more understandable
Motion shall be made AT or BEFORE arraignment, and must specify those which
are not clear to him
 - Accused cannot raise for the first time on appeal the vagueness of the information
(202 S 726)
- After the arraignment and plea, the accused is deemed to have waived this right
- **the remedy against an indictment that fails to allege the time of the commission
of the offense with sufficient definiteness is a motion for a bill of particulars not a
motion to quash.

SECTION 10. PRODUCTION OR INSPECTION OF MATERIAL EVIDENCE IN POSSESSION OF THE

PROSECUTION

- Accused shall file a motion to produce the documents necessary or material for his
defense

SECTION 11. GROUNDS FOR SUSPENSION OF ARRAIGNMENT

1. If the accused appears to be suffering from an unsound mental condition, which renders
him unable to fully understand the charge against him and plead intelligently thereto. The
court should order his mental examination and his confinement, if necessary.
2. If there exists a prejudicial question.
3. If a petition for review of the resolution of the prosecutor is pending either at the DOJ or
the Office of the President. However, the period of suspension shall not exceed 60 days
counted from the filing of the petition for review.

MOTION TO QUASH (RULE 117)

- Is a special pleading filed by the defendant before entering his plea, which
hypothetically admits the truth of the facts spelled out in the complaint or
information at the same time that it sets up a matter which, if duly proved, would
preclude further proceedings.
SECTION 1. TIME TO MOVE TO QUASH

 Filed before arraignment

 GENERAL RULE: The accused may move to quash the complaint or information at any time
before entering his plea, except:
 Where the complaint or information fails to charge an offense
 Where the court has lack of jurisdiction over the offense charged
 Where the offense or the penalty has prescribed
 Where the defendant would be placed in double jeopardy

NATURE: it is an interlocutory order

 INTERLOCUTORY ORDER – it is an order disposing only an incident and not the case in its
entirety, leaving other issues still to be resolved after evidence of both parties are
submitted for resolution. It does not resolve the issue of whether or not the accused is
guilty.
 GENERAL RULE: cannot be assailed by way of a petition for certiorari, except when
it is clearly shown that the court acted without or in excess of jurisdiction with grave abuse
of discretion (University of Mindanao, Inc. v. CA 643 SCRA 562)

SECTION 2. FORM AND CONTENTS

 Shall be in writing, signed by the accused or his counsel and shall specify its factual and
legal grounds.
 The court shall consider only those grounds which were stated, except lack of jurisdiction
over the subject matter
 A motion to spend the issuance of warrant of arrest should be considered as a motion to
quash if the allegations therein are to the effect that the facts charged in the information
do not constitute an offense
 The motion must be resolved BEFORE trial, otherwise, it violates the right of the accused
to speedy trial
  It may also be resolved at the preliminary investigation since the investigating officer has
the power to either dismiss the case or bind the accused over the trial

SECTION 3. GROUNDS for a Motion to Quash

1. Facts charged do not constitute an offense

2. Court trying the case has no jurisdiction over the offense charged
3. Court trying the case has no jurisdiction over the person of the accused
4. Officer who file the information had no authority to do so
5. Information does not conform substantially to the prescribed form
6. The more than one offense is charged (duplicitous information)
7. Criminal action or liability has been extinguished
8. Information contains averments which, if true, would constitute a legal excuse or
justification
9. Double jeopardy
 7 and 9 constitute double jeopardy
 The grounds are EXCLUSIVE in character
 Lack of preliminary investigation is not a ground for a motion to quash not only
because it is not stated by the Rule as one of the grounds but because it does not impair
the validity of the information nor affect the jurisdiction of the court.

SECTION 4. AMENDMENT OF COMPLAINT OR INFORMATION

 If the motion to quash is based on an alleged defect which can be cured by amendment,
the court shall order that an amendment be made
 If the MTQ is based on the ground that the information does not allege an offense
(concubinage [but paramour is male] amend to violation of RA 9262):
 Prosecution shall be given an opportunity to amend information
 The MTQ shall be granted if:
 The prosecution fails to make the amendment; or
 Despite the amendment, the complaint or information still suffers the
same defect.
  When the original complaint states a cause of action, but does it imperfectly, and
afterwards an amended complaint is filed correcting the defect, the plea of prescription
will relate to the time of the filing of the original complaint

DOUBLE JEOPARDY

 The requisites are:

 A first jeopardy must have attached prior to the second
 The first jeopardy has been validly terminated
 The second jeopardy is for the same offense or the second offense includes or is
necessarily included in the offense charged in the first information, or is an attempt to
commit the same or is a frustration thereof.
 First jeopardy – attaches when the following are present:
 Court of competent jurisdiction
 Valid complaint or information
 Arraignment
 Valid plea
 Defendant was either acquitted or convicted or the case was dismissed or
otherwise terminated without the express consent of the accused
 The discharge of a defendant in a preliminary investigation will not bar a subsequent
prosecution for the offense as PI is not part of trial
 If an act is punished by a law and an ordinance, conviction or acquittal in one shall bar a
prosecution in the other
 If a single act is punishable by two different provisions of law, but each requires proof of
an additional fact which the other does not require, neither conviction nor acquittal in
one shall bar a prosecution in the other

SECTION 8. PROVISIONAL DISMISSAL

 ELEMENTS:
 A motion for provisional dismissal filed by the prosecutor
  The express consent of the accused
 Notice of the offended party
 Order of the court, copy furnished to: the offended party, the prosecutor, and the
accused (counsel)
 EFFECT:
 If it is with the consent of the accused:
 If the penalty is 6 years and below, the prosecutor should revive/re-file the
information within 1 year from issuance of the order and receipt of the prosecutor
 If the penalty is above 6 years, the prosecutor should revive within 2 years from
notice
 If it is without the consent of the accused:
 He may raise the defense of double jeopardy
 EXPRESS CONSENT
 May be oral or written
 Positive, direct, unequivocal, requiring no inference or implication to supply its
meaning
 Oral – should appear in the minutes in the records of the case
 Written – should appear on the face of the motion

SECTION 9. FAILURE TO MOVE TO QUASH OR ALLEGE ANY GROUND THEREFOR

 GENERAL RULE: ALL grounds for the motion to quash should be alleged before plea
 EXCEPT: (may be raised at any time even for the first time on appeal)
 When alleged facts do not constitute an offense
 When the court has no jurisdiction over the subject matter or territory
 When the offense or the penalty has been extinguished
 Double jeopardy has attached
PRE-TRIAL
- A tool to simplify issues, abbreviate. proceedings, or shorten time of trial without compromising the
rights of the parties
- Mandatory arbitration
- No trial can proceed without going through a pre-trial
- The civil aspect may be referred to a his mediation process if provided for by law

SECTION I.PRE-TRIAL: MANDATORY IN ALL CRIMINAL CASES

* GENERAL RULE: after arraignment but within 30 days from the date the court acquires jurisdiction
over the person of the accused

* EXCEPT: when a shorter period is provided for in special laws or circulars of the Supreme Court

MATTERS DISCUSSED DURING THE PRE TRIAL CONFERENCE

- Plea-bargaining (Pp vs Magat)

*Only for an offense necessarily included in the offense charged

- Stipulation of Facts / Admissions

*May be before, during or after pre-trial conference, or during trial

- Marking of Documentary/Object Exhibits

*Alphabetical; Numerical

- Waiver of objections to admissibility of evidence

- Modification of the order of trial
*reverse trial

- Trial Dates
- Names of witnesses

- PLEA BARGAINING - it is the process whereby the accused, the offended party and the
prosecution 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 or some of a multi-count
indictment in return for a lighter sentence than that for the graver charge.

Other matters discussed:

- Number of witnesses to be presented by both parties
- Name & addresses of such witnesses
- Summary of testimonies of each
- Willingness to enter into discovery procedures
- Defining issue/s for the case
- Tinio v. Manzano 307 SCRA 415

SECTION 2 PRE-TRIAL AGREEMENT

* Admissions during the pre-trial conference must be:

- In writing
- Signed by the accused, his counsel, and the trial prosecutor
- Approved by the court ( not for validity but for the court's supervision and control
- All admissions during the pre-trial conference are presumed to be authorized by the accused.
- The parties in the criminal case may agree that the evidence in the civil case be used Chua v. CA
331 SCRA 1

Q: May one party unilaterally withdraw stipulations of facts agreed upon?

GENERAL: NO, because it is presumed that he has agreed to it voluntarily

EXCEPT: when tainted with vitiation of consent or the stipulation is contrary to law, public morals or
public policy
- Bayan v. Sandiganbayan 391 SCRA 415
SECTION 3 -NON-APPEARANCE AT PRE- TRIAL CONFERENCE

- The counsel of the accused or the trial prosecutor may be sanctioned or penalized by the court if
their absence during the pre-trial conference is unjustifiable
- The accused is not the one compelled to appear, but only the counsel for the accused and the
prosecutor, since it might violate the right of the accused to remain silent

Section 4. Pre trial order

After the pre-trial conference, the court shall issue a pre-trial order (sec 5 Speedy Trial Act)

The order shall contain:

- The agreement of the parties
- Actions taken by the parties during the conference (admissions)
- Exhibits marked for both parties
- Other relevant matters
* Number of trial days
* Limiting number of postponements
* Names of witnesses

* Effect of lack of pre-trial conference

- There shall be no basis for the pre-trial order, which is mandatory
* After the pre-trial conference, the parties may still file motions to amend, revise, clarify or correct the
contents of the pre-trial order but only to avoid manifest injustice (People v. Abelda 210 SCRA 497)

Trial
- It is the examination before a competent tribunal according to the laws of the land, of the facts put in
issue in a case for the purpose of determining such issue

HEARING
- It is not confined to trial but embraces the several stages of litigation, including the pre-trial stage.

Section 1 - time to prepare for trial

* TRIAL - the examination before a competent tribunal according to the laws of the land, of the facts
put in issue in a case for the purpose of determining such issue

* After a plea of not guilty, the accused shall have at least 15 days to prepare for trial
* Trial shall commence within 30 days from receipt of the pre-trial order

SECTION 2.CONTINUOUS TRIAL UNTIL TERMINATED; POSTPONEMENTS

* General Rule: the trial shall not exceed 180 days from the first day of trial
EXCEPT: as authorized by the Supreme Court

* trial, once commenced shall continue from day to day, as far as practicable. Postponement shall
only be for good cause.

* Requisites before a trial can be put-off due to absence of a witness;

- That the witness is material and appears to the court to be so;
- That the party who applies has not been negligent;
- That the witnesses can be had at the time to which the trial is deferred and no similar evidence
could be obtained;
- That an affidavit showing the existence of the above circumstances must be filed

* The non-appearance of the prosecution at the trial, despite due notice, justifies a provisional
dismissal or an absolute dismissal of the case depending on the circumstances

Section 3. Excuses
The following periods of delay shall not be included in the computation of time within which the trial
must commence (30-day period)
* Any period of delay resulting from other proceedings concerning the accused, included but not
limited to:

- Delay due to an examination of the physical and mental condition of the accused;
- Delay due to proceedings with respect to other criminal charges against the accused;
- Delay due to extraordinary remedies against interlocutory orders;
- Delay due to pre-trial proceedings; provided, that the delay does not exceed 30 days
- Delay due to orders of inhibition, or proceedings relating to change of venue of cases or transfer
from other courts
- Delay due to a finding of the existence of a prejudicial question;
- Delay attributable to any period, not exceeding 30 days, during which, any proceeding concerning
the accused is actually under advisement.

Delay resulting from the absence or unavailability of an essential witness

* Essential witness-
1. Absent - when his whereabouts are unknown or cannot be determined by due diligence
2. Unavailable - his whereabouts are known but his presence for trial cannot be obtained by due
diligence.

* Delay due to the mental incompetence or physical inability of the accused to stand trial

SECTION 4 FACTORS FOR GRANTING CONTINUANCE

The following shall be considered by the court

- Whether or not the failure to grant a continuance in the proceeding would likely make a continuation
of such proceeding impossible or result in a miscarriage of justice
- Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of
accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation
within the periods of time provided.

* No continuance shall be granted if due to

- congestion of the court's calendar
- lack of diligent preparation
- failure to obtain available witnesses on the part of the prosecutor

SECTION 5.TIME LIMIT FOLLOWING AN ORDER FOR A NEW TRIAL

- the trial shall commence within 30 days from notice of the order, provided that if the period becomes
impractical, the court may extend it but should not exceed 180 days from notice of the order for a new
trial.

SECTION 6.EXTENDED TIME LIMIT

- for the first 12 calendar month period, the time limit with respect to the period from arraignment to
trial shall be 180 days. For the 2nd 12-month period-120 days, 3rd 12-month period-80 days

SECTION 7.PUBLIC ATTORNEY'S DUTIES WHERE ACCUSED IS IMPRISONED

* if the public attorney has knowledge that the accused is preventively detained, either because
- he is charged with a bailable crime but has no means to post bail; or
- is charged with a non-bailable crime; or
- is serving a term in any penal institution.

SECTION 8. SANCTIONS
In any case in which the private counsel for the accused, the public attorney or the prosecutor:

- Knowingly allows the case to be set for trial without disclosing that a necessary witness would be
unavailable for trial;
- Files a motion solely for delay which he knows is totally frivolous and without merit;
- Makes a statement for the purpose of obtaining continuance which he knows to be false and which
is material to the granting of a continuance; or

* Willfully fails to proceed to trial without justification consistent with the provisions of the Rules, the
court may punish such counsel, attorney, or prosecutor, as follows:

- Private counsel - fine not exceeding P20,000.00

- Appointed counsel de oficio, public attorney or prosecutor - fine not exceeding P5,000.00.
- Denying any defense counsel or prosecutor the right to practice before the court trying the case for
a period not exceeding 30 days.
These shall be without prejudice to other criminal or administrative sanctions applicable.
SECTION 9.REMEDY WHERE ACCUSED iS NOT BROUGHT TO TRIAL WITHIN THE TIME
LIMIT

- The information may be dismissed on motion of the accused on the ground of denial of his right to
speedy trial.
- The accused shall have the burden of proving the motion but the prosecution has the burden of
proving exclusion of time as provided by the Rules,
- The dismissal shall be subject to the rules on double jeopardy
- Failure of the accused to move for dismissal before trial shall he deemed a waiver of such right

SECTION 10.LAW ON SPEEDY TRIAL NOT A BAR TO PROVISION ON SPEEDY TRIAL IN THE
CONSTITUTION

- No provision of law on speedy trial and no rule implementing the same shall be deemed a bar to any
charge of denial of the right to speedy trial under the Constitution.

SEC. 11 ORDER OF TRIAL

1. The prosecution shall present evidence to prove the charge and/or the civil liability

2. The accused may present evidence to prove his defense and damages, if any, arising from the
issuance of a provisional remedy in the case.

3. The prosecution an defense may, in that order, present rebuttal and sur-rebuttal evidence UNLESS
the court, in furtherance of justice, allows presentation of additional
evidence bearing upon the main issue.

4. Upon admission of the evidence of the parties, the case is deemed submitted for decision UNLESS
the court directs them to argue orally or to submit written memoranda( summary of facts issue on
their own favor)

5. When the accused admits the act or omission charged, but interposes a defense, the order of trial
may be modified. (reversed trial)

ORDER OF TRIAL
GENERAL RULE: the order must be followed, except where a reverse procedure was adopted
without the objection of the defendant and such procedure did not prejudice his substantial rights

REVERSE TRIAL - where the accused admits the act or omission charged but interposes a lawful
defense. The trial court may allow the accused to present his defense first and thereafter give the
prosecution the opportunity to present its rebuttal evidence.

SECTION 12 APPLICATION FOR EXAMINATION OF WITNESS FOR ACCUSED BEFORE TRIAL

- Upon motion of the accused, with notice to the other parties, have witnesses conditionally examined
on his behalf

The motion shall state:

- Name and residence of witness
- Substance of his testimony
- That the witness is sick or infirm as to afford a reasonable ground for believing that he will not be
able to attend trial
- That the witness resides more than 100 kilometers from the place of trial and has no means to
attend the same
- Other similar circumstances that would prevent the witness from attending the trial

* The motion shall be supported by an affidavit of the accused and other evidence as the court may
require

SECTION 13 EXAMINATION OF DEFENSE WITNESS; HOW MADE

* If the court deems it necessary, an order shall be issued directing that

- the witness be examined at a specific date, time and place
- copy of the order be served on the prosecutor at least 3 days before the scheduled examination
* The examination shall be held before
- a judge
- a member of the Bar in good standing so designated by the judge in the order
- if order was made by a superior court, before an inferior court so designated

* examination shall proceed notwithstanding the absence of the prosecutor, provided he was duly
notified of the hearing
* a written record of the testimony shall be taken

SECTION 14 BAIL TO SECURE APPEARANCE OF A MATERIAL WITNESS

- if a material witness will not testify when required, the court may, upon motion of either party, order
the witness to post bail in such sum as it deems proper
- if the witness refuses to post bail, the court shall commit him to prison until he complies or is legally
discharged after his testimony has been taken.

SECTION 15.EXAMINATION OF WITNESS FOR THE PROSECUTION

- When a witness for the prosecution is too sick, or infirm to appear for trial, or has to leave the
Philippines with no definite date of returning, he may be conditionally examined before the court
where the case is pending.
You sent
- The examination shall be in the presence of the accused, or his absence if he was duly notified,
conducted in the same manner as in the trial.
- Failure or refusal of the accused to attend the examination shall be considered a waiver.
- The statement taken may be on behalf of or against the accused.

EXAMINATION OF DEFENSE WITNESS

- Conducted before any judge, member of the bar in good standing or before any inferior court
- No right to cross-examine
- May be made if the witness resides more than 100 km from the place of trial

EXAMINATION OF PROSECUTION WITNESS

- Conducted only before the good judge or the court where the any case is pending
- Right to cross-examine
- Cannot be made even if the witness resides more than 100 km from the place of trial

SECTION 16. TRIAL OF SEVERAL ACCUSED

GENERAL: the trial shall be made jointly

EXCEPT: when upon motion of the accused, the court orders a separate trial for one or more
accused.

- The motion for separate trial must be made before the commencement of the trial and cannot be
raised for the first time on appeal.
- If a separate trial is granted, the testimony of one accused imputing the crime to his co-accused is
not admissible against the latter.
- In joint trial, it would be admissible if the latter had the opportunity for cross-examination

SECTION 17. DISCHARGE OF ACCUSED TO BE

STATE WITNESS
- There are TWO OR MORE persons jointly charged of an offense
- Upon motion of the prosecution BEFORE resting its case
- With the consent of the accused to be discharged as state witness
- Evidence adduced in support of the discharge shall automatically form part of the trial.
- If the court denies the motion for discharge, his sworn statement shall be inadmissible as evidence

DISCHARGE OF ACCUSED TO BE STATE WITNESS

* the court should be satisfied that:

- there is absolute necessity for the testimony of the accuse whose discharge is requested
- there is no other direct evidence available except the testimony of the accused
- the testimony of the accused can be substantially corroborated in its material points
- said accused does not appear to be the most guilty
- said accused has not AT ANY TIME been convicted of any offense involving moral turpitude
* Discharge under this rule is only one of the modes to be a state witness
- Others: The Witness Protection Program (RA 6981); Immunity under PD 749; Immunity under RA
6770; Immunity under EO 14-A

State witness
- A state witness is one of two or More persons jointly charged with the commission of a crime but
who is discharged with his consent as such accused so that he may be a witness for the State.

GENERAL Rule:
- The order of discharge shall amount to an acquittal and shall bar future prosecution for the same
offense.

EXCEPTION: when the accused fails or refuses to testify against his co- accused in accordance with
his sworn statement

Procedure to be a state witness

1. Before resting its case, the prosecution should file a motion to discharge the accused as state
witness with his consent.
2. The court will require the prosecution to present evidence and the sworn statement of the proposed
state witness at a hearing in order to support the discharge.
3. The court will determine if the requisites of giving the discharge are present. Evidence adduced in
support of the discharge shall automatically form part of the trial.
4. If the court is satisfied, it will discharge the state witness. The discharge is equivalent to an
acquittal, unless the witness later fails or refuses to testify
5. If the court denies the motion for discharge, his sworn statement shall be inadmissible as evidence.

SECTION 18.DISCHARGE OF ACCUSED OPERATE AS ACQUITTAL

GENERAL:
- The order of discharge shall amount to an acquittal and shall bar future prosecution for the same
offense.
EXCEPT:
- when the accused fails or refuses to testify against his co-accused in accordance with his sworn
statement

SECTION 19.WHEN MISTAKE HAS BEEN MADE IN CHARGING THE PROPER OFFENSE

- If at any time before judgment, it becomes manifest that there has been a mistake in charging the
proper offense, the accused shall not be discharged if there is good cause to detain him.

REMEDY:
- the original case shall be dismissed and the court shall commit the accused to answer for the proper
offense.
* Substitution of Information

SECTION 20.APPOINTMENT OF ACTING PROSECUTOR

- When a prosecutor, his assistant is disqualified (sec. 1 Rule 137 or for any other reason) the judge
or prosecutor shall communicate with the Secretary of Justice, who shall appoint an acting prosecutor

* A private prosecutor may be authorized to prosecute a criminal action subject to the

following conditions:
- The public prosecutor has a heavy work schedule, or there is no public prosecutor in the province or
city;
- The private prosecutor is authorized IN WRITING, by the Chief of the Prosecutors Office or the
Regional State Prosecutor;
- The authority of the private prosecutor must be approved by the court;
- The private prosecutor shall continue to prosecute the case until its termination, unless the authority
is withdrawn or revoked;
- In this case, the withdrawal or revocation must be approved by the court
SECTION 21.EXCLUSION OF THE PUBLIC
* GENERAL: the accused is entitled to a public trial,
* EXCEPT
- The judge may, motu proprio, exclude the public from the courtroom if the evidence to be presented
during trial is offensive to decency or public morals.
- He may also exclude the public from trial, on motion of the accused.

SECTION 22.CONSOLIDATION OF TRIALS OF RELATED OFFENSES

- Offenses should be founded on the same , facts or forming a part of a series of offenses of similar
character
- Such offenses may be tried jointly upon discretion of the court.
( ex. Estafa and illegal recruitment)

Consolidation of Criminal Cases

- When the offenses are founded on the same facts or form part of a series of offenses of similar
character, the court has the discretion to consolidate and try them jointly.

TRIAL OF SEVERAL ACCUSED

GENERAL: the trial shall be made jointly
EXCEPT: when upon motion of the accused, the court orders a separate trial for one or more
accused.

SECTION 23.DEMURRER TO EVIDENCE

* After the prosecution rests its case, the court may dismiss the action on the ground of
insufficiency of evidence:
- On its own initiative after giving the prosecution the opportunity to be heard; or
- Upon demurrer to evidence filed by the accused with or without leave of court

* If with leave of court, and the demurrer is denied, the accused may adduce evidence in his behalf
* If without leave of court, the accused waives the right to present evidence and submits his case for
judgment on the basis of the evidence for the prosecution
* If the demurrer is sustained, the order of dismissal is tantamount to an acquittal. Hence, not
appealable.

The order ( interlocutory) denying the motion for leave of court to file demurrer to evidence or the
demurrer itself is not reviewable by appeal or certiorari

SECTION 24.REOPENING
- At any time before finality of judgment (incl before judgment after parties rest case)
- May be by the judge, motu proprio, or upon a motion
- Only to avoid miscarriage of justice
- Proceedings shall be terminated within 30 days from the order granting it

JUDGEMENT

SECTION 1 JUDGMENT; DEFINITION AND FORM

- It is an 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, if any.

REQUISITES OF A JUDGMENT:
1. Written in official language
2. Personally and directly prepared by the judge
3. Signed by him
4. Contains clearly and distinctly a statement of the facts and the law upon which it is based.

* It is not necessary that the judge who tried the case be the same judge to decide it. It is sufficient
that he be apprised of the evidence already presented by a reading of the testimonies already
introduced
• In the same manner that appellate courts review evidence on appeal

* If the judgment is not in writing, file a petition for mandamus ( to force by aid of law ) to compel the
judge to put in writing the decision of the court
SECTION 2.CONTENTS OF THE JUDGMENT
If the judgment is of conviction, it shall state the following:

1. the legal qualification of the offense constituted by the acts committed by the accused and the
aggravating and mitigating circumstances which attended its commission;
2. the participation of the accused, whether as principal, accomplice, or accessory;
3. the penalty imposed upon the accused;
4. the civil liability or damages, if any, unless the enforcement of the civil liability has been reserved or
waived by the offended party

Contents of a judgment
If the judgment is of acquittal, the decision shall state:

1. whether the evidence of the prosecution absolutely failed to prove the quilt of the accused or
merely failed to prove it beyond reasonable doubt; and
2. if the act or omission from which the civil liability might arise did not exist.

ACQUITTAL - a finding of not guilty based on the merits, that is, the accused is acquitted because
the evidence does not show that his guilt is beyond reasonable doubt, or a dismissal of the case after
the prosecution has rested its case upon motion of the accused on the ground that the evidence fails
to show beyond reasonable doubt that the accused is
guilty.

- Acquittal in a criminal case is immediately final and executory upon its promulgation, and that
accordingly, the State may not seek its review without placing the accused in double jeopardy
(Barbers v Laguio, Jr., 351 SCRA 606)
- Acquittal based on reasonable doubt DOES NOT bar the offended party from filing a separate civil
action based on other sources of obligation.

SECTION 3 JUDGMENT FOR TWO OR MORE OFFENSES

- If two or more offenses are charged in a single complaint or information but the accused fails to
object to it BEFORE trial, he may be convicted of as many offenses as are charged and proved, and
impose upon him the penalty for each offense
• The fact and law in each offense must be set out separately

* In the service of the sentence, the maximum duration shall not be more than three-fold length of
time corresponding to the most severe of the penalties imposed upon the accused, and such
maximum shall in no case exceed forty years.

SECTION 4JUDGMENT IN CASE OF VARIANCE BETWEEN ALLEGATION AND PROOF

Variance Doctrine
GENERAL:
- the accused can only be convicted of an offense when it is both charged and proved.
EXCEPT:
- If the offense charged is included or necessarily includes the offense proved, the accused shall be
convicted of the offense proved which is included in the offense charged, or of the offense charged
which is included in the offense proved.

* The accused can only be convicted of a lesser offense of the crime charged.

SECTION 5.WHEN AN OFFENSE INCLUDES OR IS INCLUDED IN ANOTHER

GENERAL:
- if what is proved by the prosecution evidence is an offense which is necessarily included in the
offense charged in the information, the accused may validly be convicted of the offense prove.
• EXCEPT:
- where the facts supervened AFTER the filing of information which change the nature of the offense

* An accused cannot be convicted for the lesser offense necessarily included in the offense charged if
at the time of filing of information, the lesser offense has already prescribed Francisco v. Court of
Appeals, 122 SCRA 538)
VARIANCE DOCTRINE

1. When the offense proved is less serious than and is necessarily included in the offense charged, in
which case, the defendant shall be convicted of the offense proved

3. When the offense proved is neither included in, nor does it include, the offense charged and is
different therefrom, in which case the court should dismiss the action and order the filing of new
information charging the proper offense.( Substitution of information applies in this case).

SECTiON 6. PROMULGATION OF JUDGMENT

- it refers to an official proclamation or announcement of the judgment in an open court

The judgment is promulgated by:

- Reading it in the presence of the accused and the judge of the court where it was rendered
EXCEPTION:
- if the conviction is for a light offense, it may be pronounced in the presence of his counsel

* When the judge is absent or outside the province or city, it may be promulgated by the clerk of court

***If the accused is detained in another province or city, it may be promulgated by the executive judge
of the TC having jurisdiction over the place of detention, upon request of
the court which rendered judgment.
* The court promulgating the judgment has authority to accept notice of appeal and approve bail bond
pending appeal, provided, if the decision changed the nature of offense from non-bailable to bailable,
the application for bail can only be resolved by the appellate court

Promulgation of Judgment
- The clerk of court shall personally notify the accused or his bondsman or warden and counsel,
requiring him to be personally present during promulgation
- If the accused was tried in absentia, notice to him shall be served at his last known address
- If the accused is absent despite due notice, the promulgation shall be made by:
• Recording the judgment in the criminal docket; and
• Serving him a copy thereof at his last known
address or thru his counsel

* If the judgment is for conviction and the absence of the accused was without justifiable reasons, he
shall lose the remedies available in the Rules against the judgment and the court shall issue a
warrant for his arrest
- Within 15 days from promulgation, accused may surrender and file a motion for leave of court to
avail of these remedies if he proves that his absence was for a justifiable reason.
* The accused has 15 days from notice to avail of the remedies

* Rules on the validity of promulgation:

- It must have been rendered during the incumbency of the judge who signed it
- The presence of counsel during promulgation is not necessary

Section 7 modification of judgment

- A judgment of conviction may be modified or set aside before it becomes final or before appeal is
perfected
- if judgment is acquittal, it cannot be modified
NEW TRIAL AND RECONSIDERATION

SECTION 1. NEW TRIAL OR RECONSIDERATION

 It is the rehearing of a case already decided but BEFORE the judgment of conviction
therein rendered has become final, whereby errors of law or irregularities are expunged
from the record or new evidence is introduced or both steps are taken.
 At any time before the judgment becomes final, the accused may file a motion for new
trial or reconsideration
 The motion should be filed within 15 days from promulgation and shall interrupt the
period for perfecting an appeal

NEW TRIAL REOPENING of the CASE

Filed after judgment is rendered but before Made by the court before judgment is
the finality thereof rendered in the exercise of sound discretion
Made by the court on motion of the accused Does not require the consent of the accused;
or motu proprio but with the consent of the it may be made at the instance of either party
accused who can thereafter present additional
evidence

SECTION 2. GROUNDS FOR A NEW TRIAL

1. Errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial (errors of law or irregularities) (eg counsel who assisted the
accused is not a member of the bar) (witness not cross examined-expunge testimony)
2. New and material evidence discovered which the accused could not, with reasonable
diligence, have discovered and produced at the trial and which if introduced and admitted
would probably change the judgment (newly discovered evidence)
3. Other grounds which the court may determine in the exercise of its direction
REQUISITES for Newly Discovered evidence:

 That the evidence was discovered after trial

 Such evidence could not have been discovered and produced at the trial even with the
exercise of due diligence
 That it is material, not merely cumulative, corroborative or impeaching; and
 The evidence is of such weight that it would probably change the judgment if admitted

 Mistakes or errors of the counsel in the conduct of his case are not grounds for new trial.
This rule is the same whether the mistakes are the result of ignorance, inexperience or
incompetence (US v. Umali 15 Phil 37)

SECTION 3. GROUND FOR RECONSIDERATION

 On the ground of errors of law or errors of fact in the judgment

 Requires no further proceedings such as the taking of additional proof.

SECTION 4. FORM OF MOTION OR NOTICE TO THE PROSECUTOR

The motion for new trial or reconsideration shall be:

 In writing
 Filed with the court
 State the grounds on which it is based
 If based on newly discovered evidence, motion must be supported by:
Affidavits of witnesses expected by whom such evidence is expected to be given
Authenticated copies of documents which are proposed to be introduced as
evidence
 Notice of the motion shall be given to the prosecutor
SECTION 5. HEARING ON MOTION

 Where the motion for new trial calls for resolution of any question of fact, the court may
hear evidence thereon by affidavits or otherwise.

SECTION 6. EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION

 If the ground is errors of law or irregularities during the trial, all the proceedings and
evidence affected thereby shall be set aside and taken anew.
 The court may allow the introduction of additional evidence

EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION

 The effect of granting a new trial is not to acquit the accused but to set aside the judgment
so that the case may be tried as if np trial had been had before.

SECTION 1. WHO MAY APPEAL

 Any party may appeal the judgments, unless the accused will be placed in double jeopardy

**APPEAL – is a proceeding for review by which the whole case is transferred to the higher court
for a final determination

 Only final judgments and orders are appealable

EFFECT OF AN APPEAL

 It opens the whole case for review including that of the penalty, indemnity and the
damages involved. Consequently, the appellate court may increase or decrease the
penalty, indemnity or damages awarded although the offended party had not appealed
from said award.

SECTION 2. WHERE TO APPEAL

*RTC – for cases decided by the MeTC, MTCC, MTC, or MCTC

*Court of Appeals or Supreme Court – in cases decided by the RTC

*Supreme court – for cases decided by the Court of Appeals

SECTION 3. HOW APPEAL TAKEN

 Appeal to the RTC or to the Court of Appeals in cases decided by the RTC in the exercise
of its original jurisdiction
 By notice of appeal filed with the court which rendered the decision and by
serving a copy thereof to the adverse party
 Appeal to the Court of Appeals in cases decided by the RTC in the exercise of its appellate
jurisdiction
 By petition for review under Rule 42
 MODES OF REVIEW:
 Ordinary appeal – file notice of appeal
 Petition for review
 Petition for review on certiorari
 Automatic appeal

SECTION 4. SERVICE OF NOTICE OF APPEAL

 Personal service (sec. 6 Rule 13)

 Delivering a copy personally to the party or his counsel; or
 By leaving it in his office with his clerk or the person in charge
 If office is unknown or there is no office, by leaving a copy in his residence between
8:00 am to 6:00 pm with a person of sufficient age and residing therein
 If personal service of the copy cannot be made to the adverse party or his counsel, service
may be done by
 Registered male (sec. 7 Rule 13)
 Deposit the copy in the post office, in a sealed envelope
 Plainly addressed to the party or his counsel at his office, if known, or
residence, if known
 Postage fully pre-paid
  With instructions to the postmaster to return the mail within 10 days if
undelivered
 If no registry service in the locality of either the sender or addressee,
service may be made by ordinary mail
 Substituted service (sec. 8 Rule 13) – if the abovementioned options are
unavailable only
 Deliver the copy to the clerk of court
 With proof of failure of both personal service and service by mail
 The service is complete at the time of such delivery
 If copy of the notice or appeal cannot be served on the adverse party or counsel, it can
be done by publication in a newspaper of general circulation in the vicinity once a week
for a period not exceeding 30 days.

SECTION 5. WAIVER OF NOTICE

 Appellee may waive his right to a notice that an appeal has been taken
 The appellate court may entertain an appeal notwithstanding failure to give such notice
if the interests of justice so requires

SECTION 6. WHEN APPEAL TO BE TAKEN

 Must be taken within 15 days from the promulgation of judgment or notice of the final
order appealed from
 This period shall be suspended from the time a motion for new trial or reconsideration is
filed until notice of the order overruling the motion has been served upon accused or his
counsel
 In computing the period to appeal, the first day is excluded and the last day is included.
Should the last day fall on a Sunday or a holiday, the period continues to run until the next
day which is neither a Sunday or a holiday (sec. 13, Revised Administrative Code)
SECTION 7. TRANSCRIBING AND FILING NOTES OF STENOGRAPHIC REPORTER UPON APPEAL

 When notice of appeal is filed, the court shall direct the stenographic reporter to
transcribe his notes of the proceedings
 If appeal is filed by the People of the Philippines, the stenographic reporter shall
transcribe portions of the trial as specified by the trial court
 The stenographic reporter shall
 Certify as to the correctness of the notes and the transcript, consisting of the
original and four copies thereof file such original and copies with the clerk, without
delay

SECTION 8. TRANSMISSION OF PAPERS TO APPELLATE COURT

 The clerk of court, with whom the notice of appeal was filed, must transmit within 5 days
(from filing of the notice) to the clerk of the appellate court all records of the case
 The original and three copies of the transcript of stenographic notes, together
with the records, shall be transmitted without undue delay
 The other copy shall remain in the lower court

SECTION 9. APPEAL TO THE REGIONAL TRIAL COURTS

 Within 5 days from perfection of appeal, the clerk of court must transmit the records to
the proper RTC
 Upon receipt, the clerk of court of the RTC shall notify the parties of the fact
 Within 15 days from receipt, the parties may submit memoranda or briefs
 After submission or lapse of the period allowed, the RTC shall decide the case
based on the records and on the submitted memoranda and briefs

SECTION 11. EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED

GENERAL: shall not affect those who did not appeal

 If the judgment is favorable, it shall also apply to them

  The appeal of the offended party from the civil aspect shall not affect the criminal aspect
of the judgment
 Upon perfection of appeal, the execution of judgment shall be stayed as to the appealing
party

SECTION 12. WITHDRAWAL OF APPEAL

 Notwithstanding the perfection of appeal, the lower court may allow withdrawal of the
appeal before the records of the case has been forwarded to the proper appellate court
 In this case, the judgment shall become final and executory
 The RTC may also allow the appellant from the judgment of lower courts to withdraw his
appeal, provided that a motion is filed before the rendition of the judgment on the case
on appeal
 In this case, the judgment of the court of origin shall become final and shall be
remanded for execution

SECTION 13. APPOINTMENT OF COUNSEL DE OFICIO FOR ACCUSED ON APPEAL

 It is the duty of the clerk of court to ask from the appellant if he wishes the RTC, CA or SC
to appoint a counsel de oficio.
 There needs to be a certificate of compliance with his duty and the response of
the appellant

PROCEDURE IN THE MUNICIPAL TRIAL COURTS

UNIFORM PROCEDURE

 GENERAL: The procedure in the MeTC, MTC, MTCC, and MCTC shall be the same as the
RTC, EXCEPT:
 Where a particular provision applies only to either court; and
  In criminal cases governed by the Rules on Summary Procedure
o i.e. rental laws, municipal or city ordinances, traffic laws, rules and
regulations
o small claims

PROCEDURE IN THE COURT OF APPEALS

SECTION1. TITLE OF THE CASE

 The title of the case shall remain as it was in the court of origin
 Appellant – the party appealing the case
 Appellee – the adverse party

SECTION 2. APPOINTMENT OF COUNSEL DE OFICIO FOR THE ACCUSED

 If the accused is
 Confined in prison;
 Without counsel de parte on appeal; or
 Has signed the notice of appeal himself
 The clerk of court of the CA shall designate a counsel de oficio
 If the appellant is not confined in prison, he may be assigned a counsel de oficio, upon
request, within 10 days from receipt of the notice to file brief and he establishes his right
thereto

SECTION 3. WHEN BRIEF FOR APPELLANT TO BE FILED

 Within 30 days from receipt by the appellant or his counsel of the notice from the clerk
court of the CA that evidence is already attached to the record, he shall file 7 copies of his
brief, accompanied by proof of service of 2 copies upon the appellee.
 BRIEF – means a short or condensed statement to present in court in concise from the
points and questions in controversy, and by fair argument on the facts and law of the
case, to assist the court in arriving at a just and proper conclusion
SECTION 4. WHEN BRIEF FOR APPELLEE TO BE FILED; REPLY BRIEF OF THE APPELLANT

 Within 30 days from receipt of appellant’s brief, the appellee

 Shall file 7 copies of his brief with the clerk of court, accompanied by proof of
service of 2 copies upon the appellant
 Within 20 days from receipt of the brief of the appellee, the appellant may file a reply
brief regarding matters raised in the former, but not covered by the appellant’s brief

SECTION 5. EXTENSION OF TIME FOR FILING BRIEFS

 Will not be allowed except

 For good and sufficient cause and
 If the motion for extension is filed before the expiration of the time sought to be
extended

SECTION 6. FORM OF BRIEFS

 Either be printed, encoded or typewritten

 In double space
 On legal size good quality paper, 330 mm. in length by 216 mm. in width

SECTION 7. CONTENTS OF BRIEF

 Contents of appellant’s brief (Sec. 13 Rule 44)

 Subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes
cited with references to the pages where they are cited;
 Assignment of errors intended to be urged, which shall be separately, distinctly
and concisely stated without repetition and numbered consecutively
 STATEMENT OF THE CASE – A clear and concise statement of
o The nature of the action, a summary of the proceedings
o The appealed rulings or order of the court
 o The nature of the judgment and any matters necessary to the
understanding of the nature of the controversy, with page references to
the record

SECTION 8. DISMISSAL OF APPEAL FOR ABANDONMENT OR FAILURE TO PROSECUTE

 May be by motion of appellee or motu proprio, with notice to appellant in either case
 GENERAL: dismiss the appeal if appellant fails to timely file his brief
 EXCEPT: where the appellant is represented by a counsel de oficio
 The CA may also dismiss the appeal if the appellant
 Escapes from prison;
 Jumps bail; or
 Flees to a foreign country during pendency of appeal.

SECTION 10. JUDGMENT NOT TO BE REVERSED OR MODIFIED EXCEPT FOR SUBSTANTIAL ERROR

 GENERAL: the findings of the judge who tried the case and heard the witnesses are not
disturbed on appeal, except:
 When it is shown that the trial court has overlooked certain facts of substance and
value that, if considered, might affect the result of the case
 If after an examination of the record and the evidence adduced by both parties, the CA is
of the opinion that the error committed injuriously affected the substantial rights of the
appellant

SECTION 11. SCOPE OF JUDGMENT

 The CA may
 Reverse, affirm or modify the judgment and increase or reduce the penalty
imposed by the trial court;
 Remand the case to the RTC for new trial; or
 Dismiss the case
  An invocation of the constitutional immunity from double jeopardy will not lie in case of
appeal by the accused because when he appealed the case, he was waived such immunity
and throws the whole case open to the review of the appellate court

SECTION 12. POWER TO RECEIVE EVIDENCE (as amended by AM No. 00-5-03-sc, 2004)

 The CA shall have the power

 To try cases and conduct hearings
 Receive evidence and perform all acts necessary to resolve issues in cases falling
within its original and appellate jurisdiction
 To grant and conduct new trials or further proceedings

SECTION 13. CERTIFICATION OR APPEAL OF CASE TO THE SUPREME COURT (as amended by AM
No. 00-5-03-SC, 2004)

 If the CA imposes the death penalty, the court shall render judgment but refrain from
making an entry of judgment
 Forthwith certify and elevate the case to the Supreme Court
 If the judgment imposes a lesser penalty for offenses committed on the same occasion
that gave rise to the more severe offense for which the penalty of death is imposed and
the accused appeals, the appeal shall be included in the case certified to the Supreme
Court
 IF THE CA imposes the penalty of reclusion perpetua, life imprisonment or a lesser
penalty, the court shall render and enter judgment
 The judgment may be appealed to the SC by notice of the appeal filed with the CA

SECTION 16. RECONSIDERATION OT REHEARING

 The motion shall be filed within 15 days from notice of the decision of the CA, with copies
served to the adverse party, setting forth the grounds in support thereof
 A rehearing is not a matter of right but a privilege to be granted or not, upon the sole
discretion of the court
  New questions cannot be presented for the first time on a motion for rehearing, especially
where they are inconsistent with positions taken on the original hearing, or waived on
the original submission of the case
 The mittimus shall be stayed during the pendency of the motion for reconsideration
 Mittimus – is the final process of carrying into effect the decision of the appellate
court and the transmittal thereof to the court of origin is predicated upon the
finality of the judgment.
 Only one motion for reconsideration shall be allowed for either party.
 DOES NOT APPLY where the first motion for reconsideration resulted in a reversal
or substantial modification of the original decision or final resolution.

SECTION 17. JUDGMENT TRANSMITTED AND FILED IN TRIAL

 When an entry of judgment is issued by the CA, a certified true copy of it shall be attached
to the original record which shall be remanded to the clerk of court from which the appeal
was taken
 The copy of the entry shall serve as the formal notice to the court from which the appeal
was taken so that judgment may be executed or noted in the proper file

SECTION 18. APPLICATION OF CERTAIN RULES IN CIVIL PROCEDURE

 Rule 43 – PETITION FOR REVIEW FROM THE RTC TO THE CA

 Rule 44 – ORDINARY APPEALED CASES
 Rule 45 – APPEAL BY CERTIORARI TO THE SUPREME COURT
 Rule 46 – ORIGINAL CASES
 Rule 48 – PRELIMINARY CONFERENCE
 Rule 49 – ORAL ARGUMENT
 Rule 50 – DISMISSAL OF APPEAL
 Rule 51 – JUDGMENT
 Rule 52 – MOTION FOR RECONSIDERATION
 Rule 53 – NEW TRIAL
 Rule 54 – INTERNAL BUSINESS
  Rule 55 – PUBLICATION OF JUDGMENTS AND FINAL RESOLUTION
 Rule 56 – ORIGINAL AND APPEALED CASES IN THE SUPREME COURT

Shall be applicable in criminal cases insofar as it is not contradictory with Rule 124

PROCEDURE IN THE SUPREME COURT >>RULE 125

SECTION 1. UNIFORM PROCEDURE

 GENERAL: the procedure in the Supreme Court in original and appealed cases shall be the
same as in the Court of Appeals
 EXCEPT: when otherwise provided by the Constitution or by law
 An appeal to the Supreme Court on questions of law – in criminal cases not punishable by
death or life imprisonment – precludes a review of the facts
 Cases involving both questions of law and questions of fact are within the jurisdiction of
the Court of Appeals
 Appeal to the Supreme Court is not a matter of right but of sound discretion. The
prescribed mode of appeal is by certiorari.
 QUESTIONS OF LAW – it is when the doubt or difference arises as to what the law is on a
certain state of facts. It must now involve an examination of the probative value of the
evidence presented by the litigants or any of them (e.g. Rape – RPC or Sec. 5b, RA 7610)
 QUESTIONS OF FACT – it is when the doubt or difference arises as to the truth or falsehood
of alleged facts.

SECTION 3. DECISION IF OPINION IS EQUALLY DIVIDED

 The case shall again be deliberated upon if the Court en banc is equally divided in opinion
or the necessary majority cannot be had.
 If there is still no decision arrived at, the accused shall be acquitted.
 Only the Supreme Court en banc may modify or reverse a doctrine or principle of law or
ruling laid down by the Court in a decision rendered en banc or in division
SEARCH AND SEIZURE

SEC. 1 – SEARCH WARRANT DEFINED

 Is 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.
 SEARCH – an examination of a man’s house or other buildings or premises or of his person
with a view to discovery of contraband or illicit or stolen property or some evidence of
guilt to be used in the prosecution of a criminal action for some offense with which he is
charged.
 SEIZURE – the physical taking of a thing into custody

GENERAL WARRANT

 It is a search warrant which VAGUELY describes and does not particularize the personal
properties to be seized, without a definite guideline to the searching team, thus giving
the officers the discretion regarding what articles are to be seized
 It is NOT VALID as it infringes on the constitutional mandate requiring particular
description of the things to be seized

SCATTER – SHOT WARRANT

 It is a search warrant for more than one offense. This is not valid as it violates the
Constitution.
 One of the constitutional requirements for the validity of a search warrant is that it must
be issued based on probable cause which must be in connection with one specific offense
 See G.R. No. 196045, PP vs Pastrana and Abad, February 21, 2018 and G.R. No. 199032,
Laud vs Pp, November 19, 2014
 WARRANT OF ARREST SEARCH WARRANT
Subject: person Subject: personal property
Does not become stale Valid for 10 days only (once, not 10 times)
May be served on any day at any time of day To be served only in day time unless the
or night affidavit alleges that the property is on the
person or is in the place to be searched at
nighttime
Upon probable cause to be determined Upon probable cause to be determined
personally by the judge after examination of personally by the judge after examination in
the evidence on record (witnesses need not writing and under oath in the form of
be presented) searching answers and questions (present
witnesses)
There are instances where it may be served Cannot serve it without bringing a copy
even without a copy
Issued when a case has been filed in court May be issued even if no case is pending in
court
Cannot be issued when no case has been filed May be issued even if no case has yet been
in court filed in court
Only issued if there is a necessity of placing Sworn statements and affidavits of
accused under immediate custody complainant and witnesses must be
submitted to court

TEST to determine PARTICULARITY

o When the description therein is as specific as the circumstances will ordinarily allow
o When the description expresses a conclusion of fact – not of law which the warrant officer
may be guided in making the search and seizure
o When the things described are limited to those which bear direct relation to the offense
for which the warrant is being issued
SECTION 2. COURT WHERE APPLICATION FOR SEARCH WARRANT SHALL BE FILED

 An application for search warrant shall be filed with the following:

 Any court within whose territorial jurisdiction a crime was committed
 Any court within the judicial region where the crime was committed if the place
of commission of the crime is known
 Any court within the judicial region where the warrant shall be enforced

SECTION 3. PERSONAL PROPERTY TO BE SEIZED

 Personal property which are:

 Subject of the offense
 Stolen or embezzled and other proceeds, or fruits of the offense
 Used or intended to be used as the means of committing the offense
 The property to be seized need not be owned by the person against whom the search
warrant is directed.

SECTION 4. REQUISITED FOR ISSUING A SEARCH WARRANT

 A search warrant shall not issue except:

 Upon probable cause
 In connection with one specific offense
 To be determined personally by the judge
 After examination under oath or affirmation of the complainant and the witnesses
he may produce
 Particularly describing the place to be searched and the things to be seized which
may be anywhere in the Philippines
 The legality of a seizure can be contested only by the party whose rights have been
impaired thereby
 The objection to an unlawful search and seizure is purely personal and cannot be availed
of by third parties
  REMEDIES from an unlawful search:
 A motion to quash the warrant
 Motion to suppress as evidence the objects illegally taken
o EXCLUSIONARY RULE – any evidence obtained through unreasonable
searches and seizures shall be inadmissible for any purpose in any
proceeding
 Replevin – if the objects are illegally possessed
 PROBABLE CAUSE – refers to the facts and circumstances which could lead a reasonable,
discreet and prudent man to believe that the property subject of an offense is in the place
sought to be searched
 MULTI FACTOR BALANCING TEST in determining probable cause
 One which requires the officer to weigh the manner and intensity of the
interference on the right of the people, the gravity of the offense committed, and
the circumstances attending the incident

SECTION5. EXAMINATION OF COMPLAINANT; RECORD

 The judge must personally examine in the form of searching questions and answers, in
writing and under oath, the complainant and his witnesses on facts personally known to
them
 The judge shall attach to the record their sworn statements, together with affidavits
submitted

SECTION 6. ISSUANCE AND FORM OF SEARCH WARRANT

 If there exists probable cause, the judge shall issue the warrant in the form prescribed by
the Rules
 It must be in writing;
 Contains such particulars as the name of the person against whom it is directed;
 The offense for which it was issued;
 The place to be searched; and
 The specific things to be seized
  An application for a search warrant is heard ex-parte.
 It is neither a trial nor a part of the trial

AM No. 21-06-08-SC Rules on Body Worn Cameras In the execution of Warrants) Effective
August 1, 2021

 “The arresting officers shall, at all times, serve the SEARCH WARRANT in compliance with
AM No. 21-06-08-SC (Rules on the use of Body-worn Cameras in the Execution of
Warrants) and the PNP Memorandum Circular No. 2018-009 which provide for the
Operational Guidelines and Policies on the Use of Body-worn Cameras”

KNOCK AND ANNOUNCE PRINCIPLE

 GENERAL: officers must announce their presence identify themselves to the accused and
to the persons who rightfully have possession of the premises to be searched, and to show
them the search warrant to be implemented by them and explain to them the said
warrant in a language or dialect known and understood by them

EXCEPT (unannounced intrusion):

 The person whose premises or is entitled to the possession thereof refuses, upon demand
to open it;
 When such person in the premises already knew of the identity of the officers and their
authority;
 When the officers are justified, in the honest belief that there is an imminent peril to life
or limb; and
 When those in the premises, aware of the presence of someone outside, are then
engaged in activities which justifies the officers to believe that an escape or destruction
of evidence is imminent

SECTION 7. RIGHT TO BREAK DOOR OR WINDOW TO EFFECT THE SEARCH

 The officer must first give notice of his purpose and authority
  If he is refused admittance to the place, he may break open
 Any outer or inner door or window of a house, or
 Any part of a house, or
 Anything therein
 PURPOSE:
o To execute the warrant, or
o To liberate himself or any person lawfully aiding him when unlawfully
detained therein

SECTION 8. SEARCH OF A HOUSE, ROOM OR PREMISES TO BE MADE IN PRESENCE OF TWO

WITNESSES

 No search of a house, room, or other premises shall be made except in the presence of:
 The lawful occupant of the house; or
 Any member of his family; or
 Two witnesses of sufficient age and discretion residing in the same locality

SECTION 9. TIME OF MAKING SEARCH

 GENERAL: should ne served in day time

 EXCEPTION: it may be served at any time of the day or night
o If the affidavit asserts that the property is on the person or in the place
ordered to be searched
o A search warrant made at night without direction to that effect is an
unlawful search
o A public officer who exceeds his authority or uses unnecessary severity in
executing the warrant is liable under Art. 129 of the RPC.

SECTION 10. VALIDITY OF SEARCH WARRANT

 Shall be valid for 10 days from its date. Thereafter, it shall be VOID.
 It cannot be used every day of said period and once articles have already been seized
under said warrant, is CANNOT be used again for another search and seizure
  EXCEPT: when the search conducted on one day was interrupted, in which case,
the same may be continued under the same warrant the following day if not
beyond the 10-day period

SECTION 11. RECEIPT FOR THE PROPERTY SEIZED

 The officer seizing the property must give a detailed receipt to the lawful occupant in
whose presence the search and seizure were made OR in the presence of two witnesses,
leave a receipt in the place in which he found the seized property

SECTION 12. DELIVERY OF PROPERTY AND INVENTORY THEREOF TO COURT; RETURN AND
PROCEEDINGS THEREON

 The officer must immediately deliver the seized property to the judge who issued the
warrant, together with an inventory thereof verified under oath
 10 days after the issuance of the warrant, the issuing judge shall ascertain if the return
has been made
 If none, he shall summon the person to whom it was issued and require him to
explain why no return was made
 If the return has been made, he shall ascertain if sec 11 was complied with, and
require that the

SECTION 13. SEARCH INCIDENT TO LAWFUL ARREST

 If a person is lawfully arrested, he may be searched, without warrant, for:

 Dangerous weapons
 Anything which may have been used or constitute proof in the commission of the
offense
VALID SEARCH WITHOUT WARRANT

o In times of war, within the vicinity of the military operation;

o As an incident to a lawful arrest, subject to the following requisites:
 Arrest must be lawful
 Search and seizure must be contemporaneous with arrest;
 Search must be within permissible area
i.e. STOP AND FRISK SEARCH which allows a limited protective search of
outer clothing for weapons
o when there are prohibited articles open to eye and hand of the officer (Plain View
Doctrine)
 the law enforcement officer in search of the evidence has a prior justification for
an intrusion or is in a position from which he can view a particular area;
 the discovery of evidence in plain view is inadvertent;
 it is immediately apparent to the officer that the item he observes may be
evidence of a crime, contraband or otherwise subject of seizure
o where there is consent from the person (consented search)
 there is a right;
 there must be a knowledge of the existence of such right;
 there must be an intention to waive such right.
o When it is incident of inspection
o Under the Tariff and Customs Code for purposes of enforcing tariff and customs law
o Searches and seizures of vessels or aircrafts; this extends to warrantless search of a motor
vehicle for contraband
SETION 14. MOTION TO QUASH A SEARCH WARRANT OR TO SUPPRESS EVIDENCE; WHERE TI
FILE

 May be filed in an acted upon ONLY by the court where the action has been instituted
 If no criminal action has been instituted – by the court that issued the warrant
o If the issuing court fails to resolve the motion and a criminal case was filed
in another court – by the latter court

PROVISIONAL REMEDIES >>RULE 127

SECTION 2. ATTACHMENT

 If the civil case is instituted in the criminal case, the offended party may have the property
of the accused attached as security when:
 The accused is about to abscond from the Philippines;
 The criminal case is based on a claim for money or property embezzled by the
accused who is in a fiduciary capacity, or for a willful violation of duty
o i.e. attorney, public officer, broker, agent
 the accused has disposed of his property, or is about to do so;
 the accused resides outside the Philippines

DIFFERENT PROVISIONAL REMEDIES

I. Under the 1997 Revised Rules of Court:

A. In Civil Cases
1. Attachment (Rule 57)
2. Preliminary Injunction and Temporary Restraining Order (Rule 58)
3. Receivership (Rule 59)
4. Replevin or delivery of private property (Rule 60)
5. Support Pendente Lite (Rule 61)
 II. Under Special Laws
A. Temporary Protection Order under the Anti Violence Against Women and their
Children Act (RA No. 9262)
B. Provisional Remedies under the Human Security Act of 1997 (RA No. 9372)
1. Inspection, Examination of Accounts and Freeze Order
2. Seizure and Sequestration of Accounts and Assets

POINTS

 Narration in the affidavit is not complete;

 Grammatically wrong; wrong spellings
 Pieces of evidence attached are lacking
 Chain of custody; proper handling and turnover of evidence
 Importance of Chain of custody of pieces of evidence
 Marking of evidence on site
 Documentation of evidence

POINTS

 Attire
 Review case folder and authority used
 Organize and bring all documents needed
 Be on time
 Visit the court room/familiarize/observe how hearings are conducted
 Coordinate/visit/have case conference with the counsel who will be presenting you