THE REVISED RULES OF CRIMINAL PROCEDURE The offenses of seduction, abduction and acts of

lasciviousness shall not be prosecuted except upon a

(As amended, December 1, 2000) complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the
offender has been expressly pardoned by any of
RULE 110 them. If the offended party dies or becomes
incapacitated before she can file the complaint, and
she has no known parents, grandparents or guardian,
Prosecution of Offenses the State shall initiate the criminal action in her behalf.

Section 1. Institution of criminal actions. — Criminal The offended party, even if a minor, has the right to
actions shall be instituted as follows: initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of
(a) For offenses where a preliminary her parents, grandparents, or guardian, unless she is
investigation is required pursuant to section 1 incompetent or incapable of doing so. Where the
of Rule 112, by filing the complaint with the offended party, who is a minor, fails to file the
proper officer for the purpose of conducting complaint, her parents, grandparents, or guardian
the requisite preliminary investigation. may file the same. The right to file the action granted
to parents, grandparents or guardian shall be
(b) For all other offenses, by filing the exclusive of all other persons and shall be exercised
complaint or information directly with the successively in the order herein provided, except as
Municipal Trial Courts and Municipal Circuit stated in the preceding paragraph.
Trial Courts, or the complaint with the office of
the prosecutor. In Manila and other chartered No criminal action for defamation which consists in
cities, the complaint shall be filed with the the imputation of the offenses mentioned above shall
office of the prosecutor unless otherwise be brought except at the instance of and upon
provided in their charters. complaint filed by the offended party. (5a)

The institution of the criminal action shall interrupt the The prosecution for violation of special laws shall be
running period of prescription of the offense charged governed by the provisions thereof. (n)
unless otherwise provided in special laws. (1a)
Section 6. Sufficiency of complaint or information. —
Section 2. The Complaint or information. — The A complaint or information is sufficient if it states the
complaint or information shall be in writing, in the name of the accused; the designation of the offense
name of the People of the Philippines and against all given by the statute; the acts or omissions
persons who appear to be responsible for the offense complained of as constituting the offense; the name of
involved. (2a) the offended party; the approximate date of the
commission of the offense; and the place where the
Section 3. Complaint defined. — A complaint is a offense was committed.
sworn written statement charging a person with an
offense, subscribed by the offended party, any peace When an offense is committed by more than one
officer, or other public officer charged with the person, all of them shall be included in the complaint
enforcement of the law violated. (3) or information. (6a)

Section 4. Information defined. — An information is Section 7. Name of the accused. — The complaint or
an accusation in writing charging a person with an information must state the name and surname of the
offense, subscribed by the prosecutor and filed with accused or any appellation or nickname by which he
the court. (4a) has been or is known. If his name cannot be
ascertained, he must be described under a fictitious
Section 5. Who must prosecute criminal actions. — name with a statement that his true name is unknown.
All criminal actions commenced by a complaint or
information shall be prosecuted under the direction If the true name of the accused is thereafter disclosed
and control of the prosecutor. However, in Municipal by him or appears in some other manner to the court,
Trial Courts or Municipal Circuit Trial Courts when the such true name shall be inserted in the complaint or
prosecutor assigned thereto or to the case is not information and record. (7a)
available, the offended party, any peace officer, or
public officer charged with the enforcement of the law Section 8. Designation of the offense. — The
violated may prosecute the case. This authority cease complaint or information shall state the designation of
upon actual intervention of the prosecutor or upon the offense given by the statute, aver the acts or
elevation of the case to the Regional Trial Court. omissions constituting the offense, and specify its
(This Section was repealed by A.M. No. 02-2-07-SC effective May 1, 2002)
qualifying and aggravating circumstances. If there is
no designation of the offense, reference shall be
The crimes of adultery and concubinage shall not be made to the section or subsection of the statute
prosecuted except upon a complaint filed by the punishing it. (8a)
offended spouse. The offended party cannot institute
criminal prosecution without including the guilty
Section 9. Cause of the accusation. — The acts or
parties, if both alive, nor, in any case, if the offended
omissions complained of as constituting the offense
party has consented to the offense or pardoned the
and the qualifying and aggravating circumstances
offenders.
must be stated in ordinary and concise language and
not necessarily in the language used in the statute but prosecutor, with notice to the offended party and with
in terms sufficient to enable a person of common leave of court. The court shall state its reasons in
understanding to know what offense is being charged resolving the motion and copies of its order shall be
as well as its qualifying and aggravating furnished all parties, especially the offended party. (n)
circumstances and for the court to pronounce
judgment. (9a) If it appears at any time before judgment that a
mistake has been made in charging the proper
Section 10. Place of commission of the offense. — offense, the court shall dismiss the original complaint
The complaint or information is sufficient if it can be or information upon the filing of a new one charging
understood from its allegations that the offense was the proper offense in accordance with section 19,
committed or some of the essential ingredients Rule 119, provided the accused shall not be placed in
occurred at some place within the jurisdiction of the double jeopardy. The court may require the witnesses
court, unless the particular place where it was to give bail for their appearance at the trial. (14a)
committed constitutes an essential element of the
offense or is necessary for its identification. (10a) Section 15. Place where action is to be instituted. —

Section 11. Date of commission of the offense. — It (a) Subject to existing laws, the criminal action
is not necessary to state in the complaint or shall be instituted and tried in the court of the
information the precise date the offense was municipality or territory where the offense was
committed except when it is a material ingredient of committed or where any of its essential
the offense. The offense may be alleged to have been ingredients occurred.
committed on a date as near as possible to the actual
date of its commission. (11a) (b) Where an offense is committed in a train,
aircraft, or other public or private vehicle while
Section 12. Name of the offended party. — The in the course of its trip, the criminal action
complaint or information must state the name and shall be instituted and tried in the court of any
surname of the person against whom or against municipality or territory where such train,
whose property the offense was committed, or any aircraft or other vehicle passed during such its
appellation or nickname by which such person has trip, including the place of its departure and
been or is known. If there is no better way of arrival.
identifying him, he must be described under a
fictitious name. (c) Where an offense is committed on board a
vessel in the course of its voyage, the criminal
(a) In offenses against property, if the name of action shall be instituted and tried in the court
the offended party is unknown, the property of the first port of entry or of any municipality
must be described with such particularity as to or territory where the vessel passed during
properly identify the offense charged. such voyage, subject to the generally
accepted principles of international law.
(b) If the true name of the of the person
against whom or against whose properly the (d) Crimes committed outside the Philippines
offense was committed is thereafter disclosed but punishable under Article 2 of the Revised
or ascertained, the court must cause the true Penal Code shall be cognizable by the court
name to be inserted in the complaint or where the criminal action is first filed. (15a)
information and the record.
Section 16. Intervention of the offended party in
(c) If the offended party is a juridical person, it criminal action. — Where the civil action for recovery
is sufficient to state its name, or any name or of civil liability is instituted in the criminal action
designation by which it is known or by which it pursuant to Rule 111, the offended party may
may be identified, without need of averring intervene by counsel in the prosecution of the offense.
that it is a juridical person or that it is (16a)
organized in accordance with law. (12a)

Section 13. Duplicity of the offense. — A complaint or

information must charge but one offense, except
when the law prescribes a single punishment for RULE 111
various offenses. (13a)
Prosecution of Civil Action
Section 14. Amendment or substitution. — A
complaint or information may be amended, in form or
in substance, without leave of court, at any time Section 1. Institution of criminal and civil
before the accused enters his plea. After the plea and actions. — (a) When a criminal action is instituted, the
during the trial, a formal amendment may only be civil action for the recovery of civil liability arising from
made with leave of court and when it can be done the offense charged shall be deemed instituted with
without causing prejudice to the rights of the accused. the criminal action unless the offended party waives
the civil action, reserves the right to institute it
separately or institutes the civil action prior to the
However, any amendment before plea, which criminal action.
downgrades the nature of the offense charged in or
excludes any accused from the complaint or
information, can be made only upon motion by the The reservation of the right to institute separately the
civil action shall be made before the prosecution
starts presenting its evidence and under automatically reproduced in the criminal action
circumstances affording the offended party a without prejudice to the right of the prosecution to
reasonable opportunity to make such reservation. cross-examine the witnesses presented by the
offended party in the criminal case and of the parties
When the offended party seeks to enforce civil liability to present additional evidence. The consolidated
against the accused by way of moral, nominal, criminal and civil actions shall be tried and decided
temperate, or exemplary damages without specifying jointly.
the amount thereof in the complaint or information,
the filing fees thereof shall constitute a first lien on the During the pendency of the criminal action, the
judgment awarding such damages. running of the period of prescription of the civil action
which cannot be instituted separately or whose
Where the amount of damages, other than actual, is proceeding has been suspended shall be tolled. (n)
specified in the complaint or information, the
corresponding filing fees shall be paid by the offended The extinction of the penal action does not carry with
party upon the filing thereof in court. it extinction of the civil action. However, the civil
action based on delict shall be deemed extinguished if
Except as otherwise provided in these Rules, no filing there is a finding in a final judgment in the criminal
fees shall be required for actual damages. action that the act or omission from which the civil
liability may arise did not exist. (2a)
No counterclaim, cross-claim or third-party complaint
may be filed by the accused in the criminal case, but Section 3. When civil action may proceeded
any cause of action which could have been the independently. — In the cases provided for in Articles
subject thereof may be litigated in a separate civil 32, 33, 34 and 2176 of the Civil Code of the
action. (1a) Philippines, the independent civil action may be
brought by the offended party. It shall proceed
(b) The criminal action for violation of Batas independently of the criminal action and shall require
Pambansa Blg. 22 shall be deemed to include the only a preponderance of evidence. In no case,
corresponding civil action. No reservation to file such however, may the offended party recover damages
civil action separately shall be allowed. twice for the same act or omission charged in the
criminal action. (3a)
Upon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing Section 4. Effect of death on civil actions. — The
fees based on the amount of the check involved, death of the accused after arraignment and during the
which shall be considered as the actual damages pendency of the criminal action shall extinguish the
claimed. Where the complaint or information also civil liability arising from the delict. However, the
seeks to recover liquidated, moral, nominal, independent civil action instituted under section 3 of
temperate or exemplary damages, the offended party this Rule or which thereafter is instituted to enforce
shall pay additional filing fees based on the amounts liability arising from other sources of obligation may
alleged therein. If the amounts are not so alleged but be continued against the estate or legal
any of these damages are subsequently awarded by representative of the accused after proper substitution
the court, the filing fees based on the amount or against said estate, as the case may be. The heirs
awarded shall constitute a first lien on the judgment. of the accused may be substituted for the deceased
without requiring the appointment of an executor or
administrator and the court may appoint a
Where the civil action has been filed separately and
guardian ad litem for the minor heirs.
trial thereof has not yet commenced, it may be
consolidated with the criminal action upon application
with the court trying the latter case. If the application The court shall forthwith order said legal
is granted, the trial of both actions shall proceed in representative or representatives to appear and be
accordance with section 2 of this Rule governing substituted within a period of thirty (30) days from
consolidation of the civil and criminal actions. (cir. 57- notice.
97)
A final judgment entered in favor of the offended party
Section 2. When separate civil action is suspended. shall be enforced in the manner especially provided in
— After the criminal action has been commenced, the these rules for prosecuting claims against the estate
separate civil action arising therefrom cannot be of the deceased.
instituted until final judgment has been entered in the
criminal action. If the accused dies before arraignment, the case shall
be dismissed without prejudice to any civil action the
If the criminal action is filed after the said civil action offended party may file against the estate of the
has already been instituted, the latter shall be deceased. (n)
suspended in whatever stage it may be found before
judgment on the merits. The suspension shall last Section 5. Judgment in civil action not a bar. — A
until final judgment is rendered in the criminal action. final judgment rendered in a civil action absolving the
Nevertheless, before judgment on the merits is defendant from civil liability is not a bar to a criminal
rendered in the civil action, the same may, upon action against the defendant for the same act or
motion of the offended party, be consolidated with the omission subject of the civil action. (4a)
criminal action in the court trying the criminal action.
In case of consolidation, the evidence already Section 6. Suspension by reason of prejudicial
adduced in the civil action shall be deemed question. — A petition for suspension of the criminal
action based upon the pendency of a prejudicial respondents, plus two (2) copies for the
question in a civil action may be filed in the office of official file. The affidavits shall be subscribed
the prosecutor or the court conducting the preliminary and sworn to before any prosecutor or
investigation. When the criminal action has been filed government official authorized to administer
in court for trial, the petition to suspend shall be filed oath, or, in their absence or unavailability,
in the same criminal action at any time before the before a notary public, each of who must
prosecution rests. (6a) certify that he personally examined the
affiants and that he is satisfied that they
Section 7. Elements of prejudicial question. — The voluntarily executed and understood their
elements of a prejudicial question are: (a) the affidavits.
previously instituted civil action involves an issue
similar or intimately related to the issue raised in the (b) Within ten (10) days after the filing of the
subsequent criminal action, and (b) the resolution of complaint, the investigating officer shall either
such issue determines whether or not the criminal dismiss it if he finds no ground to continue
action may proceed. (5a) with the investigation, or issue a subpoena to
the respondent attaching to it a copy of the
complaint and its supporting affidavits and
documents.

RULE 112 The respondent shall have the right to

examine the evidence submitted by the
Preliminary Investigation complainant which he may not have been
furnished and to copy them at his expense. If
the evidence is voluminous, the complainant
Section 1. Preliminary investigation defined; when may be required to specify those which he
required. — Preliminary investigation is an inquiry or intends to present against the respondent,
proceeding to determine whether there is sufficient and these shall be made available for
ground to engender a well-founded belief that a crime examination or copying by the respondent at
has been committed and the respondent is probably his expense.
guilty thereof, and should be held for trial.
Objects as evidence need not be furnished a
Except as provided in section 7 of this Rule, a party but shall be made available for
preliminary investigation is required to be conducted examination, copying, or photographing at the
before the filing of a complaint or information for an expense of the requesting party.
offense where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day
without regard to the fine. (1a) (c) Within ten (10) days from receipt of the
subpoena with the complaint and supporting
affidavits and documents, the respondent
Section 2. Officers authorized to conduct preliminary shall submit his counter-affidavit and that of
investigations. — his witnesses and other supporting
documents relied upon for his defense. The
The following may conduct preliminary investigations: counter-affidavits shall be subscribed and
sworn to and certified as provided in
(a) Provincial or City Prosecutors and their paragraph (a) of this section, with copies
assistants; thereof furnished by him to the complainant.
The respondent shall not be allowed to file a
(b) Judges of the Municipal Trial Courts and motion to dismiss in lieu of a counter-affidavit.
Municipal Circuit Trial Courts;
(d) If the respondent cannot be subpoenaed,
(c) National and Regional State Prosecutors; or if subpoenaed, does not submit counter-
and affidavits within the ten (10) day period, the
investigating officer shall resolve the
(d) Other officers as may be authorized by complaint based on the evidence presented
law. by the complainant.

Their authority to conduct preliminary investigations (e) The investigating officer may set a hearing
shall include all crimes cognizable by the proper court if there are facts and issues to be clarified
in their respective territorial jurisdictions. (2a) from a party or a witness. The parties can be
present at the hearing but without the right to
Section 3. Procedure. — The preliminary examine or cross-examine. They may,
investigation shall be conducted in the following however, submit to the investigating officer
manner: questions which may be asked to the party or
witness concerned.
(a) The complaint shall state the address of
the respondent and shall be accompanied by The hearing shall be held within ten (10) days
the affidavits of the complainant and his from submission of the counter-affidavits and
witnesses, as well as other supporting other documents or from the expiration of the
documents to establish probable cause. They period for their submission. It shall be
shall be in such number of copies as there are terminated within five (5) days.
 (f) Within ten (10) days after the investigation, or bail of the accused and the order for his release;
the investigating officer shall determine (d) the transcripts of the proceedings during the
whether or not there is sufficient ground to preliminary investigation; and (e) the order of
hold the respondent for trial. (3a) cancellation of his bail bond, if the resolution is for the
dismissal of the complaint.
Section 4. Resolution of investigating prosecutor and
its review. — If the investigating prosecutor finds Within thirty (30) days from receipt of the records, the
cause to hold the respondent for trial, he shall prepare provincial or city prosecutor, or the Ombudsman or
the resolution and information. He shall certify under his deputy, as the case may be, shall review the
oath in the information that he, or as shown by the resolution of the investigating judge on the existence
record, an authorized officer, has personally of probable cause. Their ruling shall expressly and
examined the complainant and his witnesses; that clearly state the facts and the law on which it is based
there is reasonable ground to believe that a crime has and the parties shall be furnished with copies thereof.
been committed and that the accused is probably They shall order the release of an accused who is
guilty thereof; that the accused was informed of the detained if no probable cause is found against him.
complaint and of the evidence submitted against him; (5a)
and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall Section 6. When warrant of arrest may issue. —
recommend the dismissal of the complaint. (a) By the Regional Trial Court. — Within ten (10)
days from the filing of the complaint or information,
Within five (5) days from his resolution, he shall the judge shall personally evaluate the resolution of
forward the record of the case to the provincial or city the prosecutor and its supporting evidence. He may
prosecutor or chief state prosecutor, or to the immediately dismiss the case if the evidence on
Ombudsman or his deputy in cases of offenses record clearly fails to establish probable cause. If he
cognizable by the Sandiganbayan in the exercise of finds probable cause, he shall issue a warrant of
its original jurisdiction. They shall act on the resolution arrest, or a commitment order if the accused has
within ten (10) days from their receipt thereof and already been arrested pursuant to a warrant issued by
shall immediately inform the parties of such action. the judge who conducted the preliminary investigation
or when the complaint or information was filed
No complaint or information may be filed or dismissed pursuant to section 7 of this Rule. In case of doubt on
by an investigating prosecutor without the prior written the existence of probable cause, the judge may order
authority or approval of the provincial or city the prosecutor to present additional evidence within
prosecutor or chief state prosecutor or the five (5) days from notice and the issue must be
Ombudsman or his deputy. resolved by the court within thirty (30) days from the
filing of the complaint of information.
Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is (b) By the Municipal Trial Court. — When required
disapproved by the provincial or city prosecutor or pursuant to the second paragraph of section 1 of this
chief state prosecutor or the Ombudsman or his Rule, the preliminary investigation of cases falling
deputy on the ground that a probable cause exists, under the original jurisdiction of the Metropolitan Trial
the latter may, by himself, file the information against Court, Municipal Trial Court in Cities, Municipal Trial
the respondent, or direct any other assistant Court, or Municipal Circuit Trial Court may be
prosecutor or state prosecutor to do so without conducted by either the judge or the prosecutor.
conducting another preliminary investigation. When conducted by the prosecutor, the procedure for
the issuance of a warrant or arrest by the judge shall
If upon petition by a proper party under such rules as be governed by paragraph (a) of this section. When
the Department of Justice may prescribe or motu the investigation is conducted by the judge himself, he
proprio, the Secretary of Justice reverses or modifies shall follow the procedure provided in section 3 of this
the resolution of the provincial or city prosecutor or Rule. If the findings and recommendations are
chief state prosecutor, he shall direct the prosecutor affirmed by the provincial or city prosecutor, or by the
concerned either to file the corresponding information Ombudsman or his deputy, and the corresponding
without conducting another preliminary investigation, information is filed, he shall issue a warrant of arrest.
or to dismiss or move for dismissal of the complaint or However, without waiting for the conclusion of the
information with notice to the parties. The same rule investigation, the judge may issue a warrant of arrest
shall apply in preliminary investigations conducted by if he finds after an examination in writing and under
the officers of the Office of the Ombudsman. (4a) oath of the complainant and his witnesses in the form
of searching question and answers, that a probable
cause exists and that there is a necessity of placing
Section 5. Resolution of investigating judge and its
the respondent under immediate custody in order not
review. — Within ten (10) days after the preliminary
to frustrate the ends of justice.
investigation, the investigating judge shall transmit the
resolution of the case to the provincial or city
prosecutor, or to the Ombudsman or his deputy in (c) When warrant of arrest not necessary. — A
cases of offenses cognizable by the Sandiganbayan warrant of arrest shall not issue if the accused is
in the exercise of its original jurisdiction, for already under detention pursuant to a warrant issued
appropriate action. The resolution shall state the by the municipal trial court in accordance with
findings of facts and the law supporting his action, paragraph (b) of this section, or if the complaint or
together with the record of the case which shall information was filed pursuant to section 7 of this Rule
include: (a) the warrant, if the arrest is by virtue of a or is for an offense penalized by fine only. The court
warrant; (b) the affidavits, counter-affidavits and other shall then proceed in the exercise of its original
supporting evidence of the parties; (c) the undertaking jurisdiction. (6a)
Section 7. When accused lawfully arrested without after personally examining in writing and
warrant. — When a person is lawfully arrested without under oath the complainant and his witnesses
a warrant involving an offense which requires a in the form of searching question and
preliminary investigation, the complaint or information answers, he shall dismiss the same. He may,
may be filed by a prosecutor without need of such however, require the submission of additional
investigation provided an inquest has been conducted evidence, within ten (10) days from notice, to
in accordance with existing rules. In the absence or determine further the existence of probable
unavailability of an inquest prosecutor, the complaint cause. If the judge still finds no probable
may be filed by the offended party or a peace office cause despite the additional evidence, he
directly with the proper court on the basis of the shall, within ten (10) days from its submission
affidavit of the offended party or arresting officer or or expiration of said period, dismiss the case.
person. When he finds probable cause, he shall issue
a warrant of arrest, or a commitment order if
Before the complaint or information is filed, the person the accused had already been arrested, and
arrested may ask for a preliminary investigation in hold him for trial. However, if the judge is
accordance with this Rule, but he must sign a waiver satisfied that there is no necessity for placing
of the provisions of Article 125 of the Revised Penal the accused under custody, he may issue
Code, as amended, in the presence of his counsel. summons instead of a warrant of arrest. (9a)
Notwithstanding the waiver, he may apply for bail and
the investigation must be terminated within fifteen (15)
days from its inception.

After the filing of the complaint or information in court RULE 113

without a preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, Arrest
ask for a preliminary investigation with the same right
to adduce evidence in his defense as provided in this Section 1. Definition of arrest. — Arrest is the taking
Rule. (7a; sec. 2, R.A. No. 7438) of a person into custody in order that he may be
bound to answer for the commission of an offense. (1)
Section 8. Records. — (a) Records supporting the
information or complaint. — An information or Section 2. Arrest; how made. — An arrest is made by
complaint filed in court shall be supported by the an actual restraint of a person to be arrested, or by
affidavits and counter-affidavits of the parties and his submission to the custody of the person making
their witnesses, together with the other supporting the arrest.
evidence and the resolution on the case.
No violence or unnecessary force shall be used in
(b) Record of preliminary investigation. — The record making an arrest. The person arrested shall not be
of the preliminary investigation, whether conducted by subject to a greater restraint than is necessary for his
a judge or a fiscal, shall not form part of the record of detention. (2a)
the case. However, the court, on its own initiative or
on motion of any party, may order the production of
the record or any its part when necessary in the Section 3. Duty of arresting officer. — It shall be the
resolution of the case or any incident therein, or when duty of the officer executing the warrant to arrest the
it is to be introduced as an evidence in the case by accused and to deliver him to the nearest police
the requesting party. (8a) station or jail without unnecessary delay. (3a)

Section 9. Cases not requiring a preliminary Section 4. Execution of warrant. — The head of the
investigation nor covered by the Rule on Summary office to whom the warrant of arrest was delivered for
Procedure. — execution shall cause the warrant to be executed
within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to
(a) If filed with the prosecutor. — If the whom it was assigned for execution shall make a
complaint is filed directly with the prosecutor report to the judge who issued the warrant. In case of
involving an offense punishable by his failure to execute the warrant, he shall state the
imprisonment of less four (4) years, two (2) reasons therefor. (4a)
months and one (1) day, the procedure
outlined in section 3(a) of this Rule shall be
observed. The prosecutor shall act on the Section 5. Arrest without warrant; when lawful. — A
complaint based on the affidavits and other peace officer or a private person may, without a
supporting documents submitted by the warrant, arrest a person:
complainant within ten (10) days from its filing.
(a) When, in his presence, the person to be
(b) If filed with the Municipal Trial Court. — If arrested has committed, is actually
the complaint or information is filed directly committing, or is attempting to commit an
with the Municipal Trial Court or Municipal offense;
Circuit Trial Court for an offense covered by
this section, the procedure in section 3(a) of (b) When an offense has just been committed,
this Rule shall be observed. If within ten (10) and he has probable cause to believe based
days after the filing of the complaint or on personal knowledge of facts or
information, the judge finds no probable cause circumstances that the person to be arrested
after personally evaluating the evidence, or has committed it; and
 (c) When the person to be arrested is a building or enclosure in accordance with the
prisoner who has escaped from a penal preceding section, he may break out therefrom when
establishment or place where he is serving necessary to liberate himself. (12a)
final judgment or is temporarily confined while
his case is pending, or has escaped while Section 13. Arrest after escape or rescue. — If a
being transferred from one confinement to person lawfully arrested escapes or is rescued, any
another. person may immediately pursue or retake him without
a warrant at any time and in any place within the
In cases falling under paragraph (a) and (b) above, Philippines. (13)
the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail Section 14. Right of attorney or relative to visit
and shall be proceeded against in accordance with person arrested. — Any member of the Philippine Bar
section 7 of Rule 112. (5a) shall, at the request of the person arrested or of
another acting in his behalf, have the right to visit and
Section 6. Time of making arrest. — An arrest may confer privately with such person in the jail or any
be made on any day and at any time of the day or other place of custody at any hour of the day or night.
night. (6) Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.
Section 7. Method of arrest by officer by virtue of (14a)
warrant. — When making an arrest by virtue of a
warrant, the officer shall inform the person to be
arrested of the cause of the arrest and of the fact that
a warrant has been issued for his arrest, except when
he flees or forcibly resists before the officer has RULE 114
opportunity to so inform him, or when the giving of
such information will imperil the arrest. The officer Bail
need not have the warrant in his possession at the
time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to Section 1. Bail defined. — Bail is the security given
him as soon as practicable. (7a) for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his
appearance before any court as required under the
Section 8. Method of arrest by officer without warrant. conditions hereinafter specified. Bail may be given in
— When making an arrest without a warrant, the the form of corporate surety, property bond, cash
officer shall inform the person to be arrested of his deposit, or recognizance. (1a)
authority and the cause of the arrest, unless the latter
is either engaged in the commission of an offense, is
pursued immediately after its commission, has Section 2. Conditions of the bail; requirements. — All
escaped, flees or forcibly resists before the officer has kinds of bail are subject to the following conditions:
opportunity so to inform him, or when the giving of
such information will imperil the arrest. (8a) (a) The undertaking shall be effective upon
approval, and unless cancelled, shall remain
Section 9. Method of arrest by private person. — in force at all stages of the case until
When making an arrest, a private person shall inform promulgation of the judgment of the Regional
the person to be arrested of the intention to arrest him Trial Court, irrespective of whether the case
and cause of the arrest, unless the latter is either was originally filed in or appealed to it;
engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, (b) The accused shall appear before the
flees, or forcibly resists before the person making the proper court whenever required by the court
arrest has opportunity to so inform him, or when the of these Rules;
giving of such information will imperil the arrest. (9a)
(c) The failure of the accused to appear at the
Section 10. Officer may summon assistance. — An trial without justification and despite due
officer making a lawful arrest may orally summon as notice shall be deemed a waiver of his right to
many persons as he deems necessary to assist him be present thereat. In such case, the trial may
in effecting the arrest. Every person so summoned by proceed in absentia; and
an officer shall assist him in effecting the arrest when
he can render such assistance without detriment to (d) The bondsman shall surrender the
himself. (10a) accused to the court for execution of the final
judgment.
Section 11. Right of officer to break into building or
enclosure. — An officer, in order to make an arrest The original papers shall state the full name and
either by virtue of a warrant, or without a warrant as address of the accused, the amount of the
provided in section 5, may break into any building or undertaking and the conditions herein required.
enclosure where the person to be arrested is or is Photographs (passport size) taken within the last six
reasonably believed to be, if he is refused admittance (6) months showing the face, left and right profiles of
thereto, after announcing his authority and purpose. the accused must be attached to the bail. (2a)
(11a)
Section 3. No release or transfer except on court
Section 12. Right to break out from building or order or bail. — No person under detention by legal
enclosure. — Whenever an officer has entered the
process shall be released or transferred except upon Section 7. Capital offense of an offense punishable
order of the court or when he is admitted to bail. (3a) by reclusion perpetua or life imprisonment, not
bailable. — No person charged with a capital offense,
Section 4. Bail, a matter of right; exception. — All or an offense punishable by reclusion perpetua or life
persons in custody shall be admitted to bail as a imprisonment, shall be admitted to bail when
matter of right, with sufficient sureties, or released on evidence of guilt is strong, regardless of the stage of
recognize as prescribed by law or this Rule (a) before the criminal prosecution. (7a)
or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, Section 8. Burden of proof in bail application. — At
or Municipal Circuit Trial Court, and (b) before the hearing of an application for bail filed by a person
conviction by the Regional Trial Court of an offense who is in custody for the commission of an offense
not punishable by death, reclusion perpetua, or life punishable by death, reclusion perpetua, or life
imprisonment. (4a) imprisonment, the prosecution has the burden of
showing that evidence of guilt is strong. The evidence
Section 5. Bail, when discretionary. — Upon presented during the bail hearing shall be considered
conviction by the Regional Trial Court of an offense automatically reproduced at the trial, but upon motion
not punishable by death, reclusion perpetua, or life of either party, the court may recall any witness for
imprisonment, admission to bail is discretionary. The additional examination unless the latter is dead,
application for bail may be filed and acted upon by the outside the Philippines, or otherwise unable to testify.
trial court despite the filing of a notice of appeal, (8a)
provided it has not transmitted the original record to
the appellate court. However, if the decision of the Section 9. Amount of bail; guidelines. — The judge
trial court convicting the accused changed the nature who issued the warrant or granted the application
of the offense from non-bailable to bailable, the shall fix a reasonable amount of bail considering
application for bail can only be filed with and resolved primarily, but not limited to, the following factors:
by the appellate court.
(a) Financial ability of the accused to give bail;
Should the court grant the application, the accused
may be allowed to continue on provisional liberty (b) Nature and circumstances of the offense;
during the pendency of the appeal under the same
bail subject to the consent of the bondsman. (c) Penalty for the offense charged;

If the penalty imposed by the trial court is (d) Character and reputation of the accused;
imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled
(e) Age and health of the accused;
upon a showing by the prosecution, with notice to the
accused, of the following or other similar
circumstances: (f) Weight of the evidence against the
accused;
(a) That he is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the (g) Probability of the accused appearing at the
crime aggravated by the circumstance of trial;
reiteration;
(h) Forfeiture of other bail;
(b) That he has previously escaped from legal
confinement, evaded sentence, or violated the (i) The fact that accused was a fugitive from
conditions of his bail without valid justification; justice when arrested; and

(c) That he committed the offense while under (j) Pendency of other cases where the
probation, parole, or conditional pardon; accused is on bail.

(d) That the circumstances of his case Excessive bail shall not be required. (9a)
indicate the probability of flight if released on
bail; or Section 10. Corporate surety. — Any domestic or
foreign corporation, licensed as a surety in
(e) That there is undue risk that he may accordance with law and currently authorized to act
commit another crime during the pendency of as such, may provide bail by a bond subscribed jointly
the appeal. by the accused and an officer of the corporation duly
authorized by its board of directors. (10a)
The appellate court may, motu proprio or on motion of
any party, review the resolution of the Regional Trial Section 11. Property bond, how posted. — A
Court after notice to the adverse party in either case. property bond is an undertaking constituted as lien on
(5a) the real property given as security for the amount of
the bail. Within ten (10) days after the approval of the
Section 6. Capital offense defined. — A capital bond, the accused shall cause the annotation of the
offense is an offense which, under the law existing at lien on the certificate of title on file with the Register of
the time of its commission and of the application for Deeds if the land is registered, or if unregistered, in
admission to bail, may be punished with death. (6a) the Registration Book on the space provided therefor,
in the Registry of Deeds for the province or city where
the land lies, and on the corresponding tax
declaration in the office of the provincial, city and shall be released immediately, without prejudice to
municipal assessor concerned. the continuation of the trial or the proceedings on
appeal. If the maximum penalty to which the accused
Within the same period, the accused shall submit to may be sentenced is destierro, he shall be released
the court his compliance and his failure to do so shall after thirty (30) days of preventive imprisonment.
be sufficient cause for the cancellation of the property
bond and his re-arrest and detention. (11a) A person in custody for a period equal to or more than
the minimum of the principal penalty prescribed for
Section 12. Qualifications of sureties in property the offense charged, without application of the
bond. — The qualification of sureties in a property Indeterminate Sentence Law or any modifying
bond shall be as follows: circumstance, shall be released on a reduced bail or
on his own recognizance, at the discretion of the
(a) Each must be a resident owner of real court. (16a)
estate within the Philippines;
Section 17. Bail, where filed. — (a) Bail in the
(b) Where there is only one surety, his real amount fixed may be filed with the court where the
estate must be worth at least the amount of case is pending, or in the absence or unavailability of
the undertaking; the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or
(c) If there are two or more sureties, each may
municipality. If the accused is arrested in a province,
justify in an amount less than that expressed
city, or municipality other than where the case is
in the undertaking but the aggregate of the
pending, bail may also be filed with any regional trial
justified sums must be equivalent to the whole
court of said place, or if no judge thereof is available,
amount of bail demanded.
with any metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge therein.
In all cases, every surety must be worth the amount
specified in his own undertaking over and above all
(b) Where the grant of bail is a matter of
just debts, obligations and properties exempt from
discretion, or the accused seeks to be
execution. (12a)
released on recognizance, the application
may only be filed in the court where the case
Section 13. Justification of sureties. — Every surety is pending, whether on preliminary
shall justify by affidavit taken before the judge that he investigation, trial, or on appeal.
possesses the qualifications prescribed in the
preceding section. He shall describe the property
(c) Any person in custody who is not yet
given as security, stating the nature of his title, its
charged in court may apply for bail with any
encumbrances, the number and amount of other bails
court in the province, city, or municipality
entered into by him and still undischarged, and his
where he is held. (17a)
other liabilities. The court may examine the sureties
upon oath concerning their sufficiency in such manner
as it may deem proper. No bail shall be approved Section 18. Notice of application to prosecutor. — In
unless the surety is qualified. (13a) the application for bail under section 8 of this Rule,
the court must give reasonable notice of the hearing
to the prosecutor or require him to submit his
Section 14. Deposit of cash as bail. — The accused
recommendation. (18a)
or any person acting in his behalf may deposit in cash
with the nearest collector or internal revenue or
provincial, city, or municipal treasurer the amount of Section 19. Release on bail. — The accused must be
bail fixed by the court, or recommended by the discharged upon approval of the bail by the judge with
prosecutor who investigated or filed the case. Upon whom it was filed in accordance with section 17 of this
submission of a proper certificate of deposit and a Rule.
written undertaking showing compliance with the
requirements of section 2 of this Rule, the accused Whenever bail is filed with a court other than where
shall be discharged from custody. The money the case is pending, the judge who accepted the bail
deposited shall be considered as bail and applied to shall forward it, together with the order of release and
the payment of fine and costs while the excess, if any, other supporting papers, to the court where the case
shall be returned to the accused or to whoever made is pending, which may, for good reason, require a
the deposit. (14a) different one to be filed. (19a)

Section 15. Recognizance. — Whenever allowed by Section 20. Increase or reduction of bail. — After the
law or these Rules, the court may release a person in accused is admitted to bail, the court may, upon good
custody to his own recognizance or that of a cause, either increase or reduce its amount. When
responsible person. (15a) increased, the accused may be committed to custody
if he does not give bail in the increased amount within
Section 16. Bail, when not required; reduced bail or a reasonable period. An accused held to answer a
recognizance. — No bail shall be required when the criminal charge, who is released without bail upon
law or these Rules so provide. filing of the complaint or information, may, at any
subsequent stage of the proceedings and whenever a
strong showing of guilt appears to the court, be
When a person has been in custody for a period
required to give bail in the amount fixed, or in lieu
equal to or more than the possible maximum
thereof, committed to custody. (20a)
imprisonment prescribe for the offense charged, he
Section 21. Forfeiture of bond. — When the presence segregation of sexes and of minors from adults,
of the accused is required by the court or these Rules, ensure the observance of the right of detainees to
his bondsmen shall be notified to produce him before confer privately with counsel, and strive to eliminate
the court on a given date and time. If the accused fails conditions inimical to the detainees.
to appear in person as required, his bail shall be
declared forfeited and the bondsmen given thirty (30) In cities and municipalities to be specified by the
days within which to produce their principal and to Supreme Court, the municipal trial judges or
show cause why no judgment should be rendered municipal circuit trial judges shall conduct monthly
against them for the amount of their bail. Within the personal inspections of the municipal jails in their
said period, the bondsmen must: respective municipalities and submit a report to the
executive judge of the Regional Trial Court having
(a) produce the body of their principal or give jurisdiction therein.
the reason for his non-production; and
A monthly report of such visitation shall be submitted
(b) explain why the accused did not appear by the executive judges to the Court Administrator
before the court when first required to do so. which shall state the total number of detainees, the
names of those held for more than thirty (30) days,
Failing in these two requisites, a judgment shall be the duration of detention, the crime charged, the
rendered against the bondsmen, jointly and severally, status of the case, the cause for detention, and other
for the amount of the bail. The court shall not reduce pertinent information. (25a)
or otherwise mitigate the liability of the bondsmen,
unless the accused has been surrendered or is Section 26. Bail not a bar to objections on illegal
acquitted. (21a) arrest, lack of or irregular preliminary investigation. —
An application for or admission to bail shall not bar
Section 22. Cancellation of bail. — Upon application the accused from challenging the validity of his arrest
of the bondsmen, with due notice to the prosecutor, or the legality of the warrant issued therefor, or from
the bail may be cancelled upon surrender of the assailing the regularity or questioning the absence of
accused or proof of his death. a preliminary investigation of the charge against him,
provided that he raises them before entering his plea.
The bail shall be deemed automatically cancelled The court shall resolve the matter as early as
upon acquittal of the accused, dismissal of the case, practicable but not later than the start of the trial of the
or execution of the judgment of conviction. case. (n)

In all instances, the cancellation shall be without

prejudice to any liability on the bond. (22a)

Section 23. Arrest of accused out on bail. — For the RULE 115
purpose of surrendering the accused, the bondsmen
may arrest him or, upon written authority endorsed on Rights of Accused
a certified copy of the undertaking, cause him to be
arrested by a police officer or any other person of Section 1. Rights of accused at the trial. — In all
suitable age and discretion. criminal prosecutions, the accused shall be entitled to
the following rights:
An accused released on bail may be re-arrested
without the necessity of a warrant if he attempts to (a) To be presumed innocent until the contrary
depart from the Philippines without permission of the is proved beyond reasonable doubt.
court where the case is pending. (23a)
(b) To be informed of the nature and cause of
Section 24. No bail after final judgment; exception. — the accusation against him.
No bail shall be allowed after the judgment of
conviction has become final. If before such finality, the (c) To be present and defend in person and
accused has applies for probation, he may be allowed by counsel at every stage of the proceedings,
temporary liberty under his bail. When no bail was from arraignment to promulgation of the
filed or the accused is incapable of filing one, the judgment. The accused may, however, waive
court may allow his release on recognizance to the his presence at the trial pursuant to the
custody of a responsible member of the community. stipulations set forth in his bail, unless his
In no case shall bail be allowed after the accused has presence is specifically ordered by the court
commenced to serve sentence. (24a) for purposes of identification. The absence of
the accused without justifiable cause at the
Section 25. Court supervision of detainees. — The trial of which he had notice shall be
court shall exercise supervision over all persons in considered a waiver of his right to be present
custody for the purpose of eliminating unnecessary thereat. When an accused under custody
detention. The executive judges of the Regional Trial escapes, he shall be deemed to have waived
Courts shall conduct monthly personal inspections of his right to be present on all subsequent trial
provincial, city, and municipal jails and their prisoners dates until custody over him is regained. Upon
within their respective jurisdictions. They shall motion, the accused may be allowed to
ascertain the number of detainees, inquire on their defend himself in person when it sufficiently
proper accommodation and health and examine the appears to the court that he can properly
condition of the jail facilities. They shall order the
 protect his right without the assistance of (e) When the accused is under preventive
counsel. detention, his case shall be raffled and its
records transmitted to the judge to whom the
(d) To testify as a witness in his own behalf case was raffled within three (3) days from the
but subject to cross-examination on matters filing of the information or complaint. The
covered by direct examination. His silence accused shall be arraigned within ten (10)
shall not in any manner prejudice him. days from the date of the raffle. The pre-trial
conference of his case shall be held within ten
(e) To be exempt from being compelled to be (10) days after arraignment. (n)
a witness against himself.
(f) The private offended party shall be
(f) To confront and cross-examine the required to appear at the arraignment for
witnesses against him at the trial. Either party purposes of plea bargaining, determination of
may utilize as part of its evidence the civil liability, and other matters requiring his
testimony of a witness who is deceased, out presence. In case of failure of the offended
of or can not with due diligence be found in party to appear despite due notice, the court
the Philippines, unavailable or otherwise may allow the accused to enter a plea of guilty
unable to testify, given in another case or to a lesser offense which is necessarily
proceeding, judicial or administrative, included in the offense charged with the
involving the same parties and subject matter, conformity of the trial prosecutor alone. (cir. 1-
the adverse party having the opportunity to 89)
cross-examine him.
(g) Unless a shorter period is provided by
(g) To have compulsory process issued to special law or Supreme Court circular, the
secure the attendance of witnesses and arraignment shall be held within thirty (30)
production of other evidence in his behalf. days from the date the court acquires
jurisdiction over the person of the accused.
The time of the pendency of a motion to
(h) To have speedy, impartial and public trial.
quash or for a bill of particulars or other
causes justifying suspension of the
(i) To appeal in all cases allowed and in the arraignment shall be excluded in computing
manner prescribed by law. (1a) the period. (sec. 2, cir. 38-98)

Section 2. Plea of guilty to a lesser offense. — At

arraignment, the accused, with the consent of the
offended party and the prosecutor, may be allowed by
RULE 116 the trial court to plead guilty to a lesser offense which
is necessarily included in the offense charged. After
Arraignment and Plea arraignment but before trial, the accused may still be
allowed to plead guilty to said lesser offense after
Section 1. Arraignment and plea; how made. — withdrawing his plea of not guilty. No amendment of
the complaint or information is necessary. (sec. 4,
(a) The accused must be arraigned before the circ. 38-98)
court where the complaint or information was
filed or assigned for trial. The arraignment Section 3. Plea of guilty to capital offense; reception
shall be made in open court by the judge or of evidence. — When the accused pleads guilty to a
clerk by furnishing the accused with a copy of capital offense, the court shall conduct a searching
the complaint or information, reading the inquiry into the voluntariness and full comprehension
same in the language or dialect known to him, of the consequences of his plea and require the
and asking him whether he pleads guilty or prosecution to prove his guilt and the precise degree
not guilty. The prosecution may call at the trial of culpability. The accused may present evidence in
witnesses other than those named in the his behalf. (3a)
complaint or information.
Section 4. Plea of guilty to non-capital
(b) The accused must be present at the offense; reception of evidence, discretionary. —
arraignment and must personally enter his When the accused pleads guilty to a non-capital
plea. Both arraignment and plea shall be offense, the court may receive evidence from the
made of record, but failure to do so shall not parties to determine the penalty to be imposed. (4)
affect the validity of the proceedings.
Section 5. Withdrawal of improvident plea of guilty. —
(c) When the accused refuses to plead or At any time before the judgment of conviction
makes a conditional plea, a plea of not guilty becomes final, the court may permit an improvident
shall be entered for him. (1a) plea of guilty to be withdrawn and be substituted by a
plea of not guilty. (5)
(d) When the accused pleads guilty but
presents exculpatory evidence, his plea shall Section 6. Duty of court to inform accused of his right
be deemed withdrawn and a plea of not guilty to counsel. — Before arraignment, the court shall
shall be entered for him. (n) inform the accused of his right to counsel and ask him
if he desires to have one. Unless the accused is
allowed to defend himself in person or has employed
a counsel of his choice, the court must assign a RULE 117
counsel de oficio to defend him. (6a)
Motion to Quash
Section 7. Appointment of counsel de oficio. — The
court, considering the gravity of the offense and the Section 1. Time to move to quash. — At any time
difficulty of the questions that may arise, shall appoint before entering his plea, the accused may move to
as counsel de oficio only such members of the bar in quash the complaint or information. (1)
good standing who, by reason of their experience and
ability, can competently defend the accused. But in Section 2. Form and contents. — The motion to
localities where such members of the bar are not quash shall be in writing, signed by the accused or his
available, the court may appoint any person, resident counsel and shall distinctly specify its factual and
of the province and of good repute for probity and legal grounds. The court shall consider no ground
ability, to defend the accused. (7a) other than those stated in the motion, except lack of
jurisdiction over the offense charged. (2a)
Section 8. Time for counsel de oficio to prepare for
arraignment. — Whenever a counsel de oficio is Section 3. Grounds. — The accused may move to
appointed by the court to defend the accused at the quash the complaint or information on any of the
arraignment, he shall be given a reasonable time to following grounds:
consult with the accused as to his plea before
proceeding with the arraignment. (8)
(a) That the facts charged do not constitute an
offense;
Section 9. Bill of particulars. — The accused may,
before arraignment, move for a bill of particulars to
(b) That the court trying the case has no
enable him properly to plead and to prepare for trial.
jurisdiction over the offense charged;
The motion shall specify the alleged defects of the
complaint or information and the details desired. (10a)
(c) That the court trying the case has no
jurisdiction over the person of the accused;
Section 10. Production or inspection of material
evidence in possession of prosecution. — Upon
motion of the accused showing good cause and with (d) That the officer who filed the information
notice to the parties, the court, in order to prevent had no authority to do so;
surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection and (e) That it does not conform substantially to
copying or photographing of any written statement the prescribed form;
given by the complainant and other witnesses in any
investigation of the offense conducted by the (f) That more than one offense is charged
prosecution or other investigating officers, as well as except when a single punishment for various
any designated documents, papers, books, accounts, offenses is prescribed by law;
letters, photographs, objects or tangible things not
otherwise privileged, which constitute or contain (g) That the criminal action or liability has
evidence material to any matter involved in the case been extinguished;
and which are in the possession or under the control
of the prosecution, police, or other law investigating (h) That it contains averments which, if true,
agencies. (11a) would constitute a legal excuse or justification;
and
Section 11. Suspension of arraignment. — Upon
motion by the proper party, the arraignment shall be (i) That the accused has been previously
suspended in the following cases: convicted or acquitted of the offense charged,
or the case against him was dismissed or
(a) The accused appears to be suffering from otherwise terminated without his express
an unsound mental condition which effective consent. (3a)
renders him unable to fully understand the
charge against him and to plead intelligently Section 4. Amendment of the complaint or
thereto. In such case, the court shall order his information. — If the motion to quash is based on an
mental examination and, if necessary, his alleged defect of the complaint or information which
confinement for such purpose; can be cured by amendment, the court shall order
that an amendment be made. (4a)
(b) There exists a prejudicial question; and
If it is based on the ground that the facts charged do
(c) A petition for review of the resolution of the not constitute an offense, the prosecution shall be
prosecutor is pending at either the given by the court an opportunity to correct the defect
Department of Justice, or the Office of the by amendment. The motion shall be granted if the
President; provided, that the period of prosecution fails to make the amendment, or the
suspension shall not exceed sixty (60) days complaint or information still suffers from the same
counted from the filing of the petition with the defect despite the amendment. (n)
reviewing office. (12a)
Section 5. Effect of sustaining the motion to quash.
— If the motion to quash is sustained, the court may
order that another complaint or information be filed
except as provided in section 6 of this rule. If the permanent two (2) years after issuance of the order
order is made, the accused, if in custody, shall not be without the case having been revived. (n)
discharged unless admitted to bail. If no order is
made or if having been made, no new information is Section 9. Failure to move to quash or to allege any
filed within the time specified in the order or within ground therefor. — The failure of the accused to
such further time as the court may allow for good assert any ground of a motion to quash before he
cause, the accused, if in custody, shall be discharged pleads to the complaint or information, either because
unless he is also in custody for another charge. (5a) he did not file a motion to quash or failed to allege the
same in said motion, shall be deemed a waiver of any
Section 6. Order sustaining the motion to quash not a objections based on the grounds provided for in
bar to another prosecution; exception. — An order paragraphs (a), (b), (g), and (i) of section 3 of this
sustaining the motion to quash is not a bar to another Rule. (8)
prosecution for the same offense unless the motion
was based on the grounds specified in section 3 (g)
and (i) of this Rule. (6a)

Section 7. Former conviction or acquittal; double RULE 118

jeopardy. — When an accused has been convicted or
acquitted, or the case against him dismissed or Pre-Trial
otherwise terminated without his express consent by
a court of competent jurisdiction, upon a valid
complaint or information or other formal charge Section 1. Pre-trial; mandatory in criminal cases. —
sufficient in form and substance to sustain a In all criminal cases cognizable by the
conviction and after the accused had pleaded to the Sandiganbayan, Regional Trial Court, Metropolitan
charge, the conviction or acquittal of the accused or Trial Court, Municipal Trial Court in Cities, Municipal
the dismissal of the case shall be a bar to another Trial Court and Municipal Circuit Trial Court, the court
prosecution for the offense charged, or for any shall after arraignment and within thirty (30) days from
attempt to commit the same or frustration thereof, or the date the court acquires jurisdiction over the
for any offense which necessarily includes or is person of the accused, unless a shorter period is
necessarily included in the offense charged in the provided for in special laws or circulars of the
former complaint or information. Supreme Court, order a pre-trial conference to
consider the following:
However, the conviction of the accused shall not be a
bar to another prosecution for an offense which (a) plea bargaining;
necessarily includes the offense charged in the former
complaint or information under any of the following (b) stipulation of facts;
instances:
(c) marking for identification of evidence of the
(a) the graver offense developed due to parties;
supervening facts arising from the same act or
omission constituting the former charge; (d) waiver of objections to admissibility of
evidence;
(b) the facts constituting the graver charge
became known or were discovered only after (e) modification of the order of trial if the
a plea was entered in the former complaint or accused admits the charge but interposes a
information; or lawful defense; and

(c) the plea of guilty to the lesser offense was (f) such other matters as will promote a fair
made without the consent of the prosecutor and expeditious trial of the criminal and civil
and of the offended party except as provided aspects of the case. (secs. 2 and 3, cir. 38-98)
in section 1 (f) of Rule 116.
Section 2. Pre-trial agreement. — All agreements or
In any of the foregoing cases, where the accused admissions made or entered during the pre-trial
satisfies or serves in whole or in part the judgment, he conference shall be reduced in writing and signed by
shall be credited with the same in the event of the accused and counsel, otherwise, they cannot be
conviction for the graver offense. (7a) used against the accused. The agreements covering
the matters referred to in section 1 of this Rule shall
Section 8. Provisional dismissal. — A case shall not be approved by the court. (sec. 4, cir. 38-98)
be provisionally dismissed except with the express
consent of the accused and with notice to the Section 3. Non-appearance at pre-trial conference.
offended party. — If the counsel for the accused or the prosecutor
does not appear at the pre-trial conference and does
The provisional dismissal of offenses punishable by not offer an acceptable excuse for his lack of
imprisonment not exceeding six (6) years or a fine of cooperation, the court may impose proper sanctions
any amount, or both, shall become permanent one (1) or penalties. (se. 5, cir. 38-98)
year after issuance of the order without the case
having been revived. With respect to offenses Section 4. Pre-trial order. — After the pre-trial
punishable by imprisonment of more than six (6) conference, the court shall issue an order reciting the
years, their provisional dismissal shall become actions taken, the facts stipulated, and evidence
marked. Such order shall bind the parties, limit the
trial to matters not disposed of, and control the course which any proceeding which any proceeding
of the action during the trial, unless modified by the concerning the accused is actually under
court to prevent manifest injustice. (3) advisement.

(b) Any period of delay resulting from the absence or

unavailability of an essential witness.

RULE 119 For purposes of this subparagraph, an essential

witness shall be considered absent when his
Trial whereabouts are unknown or his whereabouts cannot
be determined by due diligence. He shall be
Section 1. Time to prepare for trial. — After a plea of considered unavailable whenever his whereabouts
not guilty is entered, the accused shall have at least are known but his presence for trial cannot be
fifteen (15) days to prepare for trial. The trial shall obtained by due diligence.
commence within thirty (30) days from receipt of the
pre-trial order. (sec. 6, cir. 38-98) (c) Any period of delay resulting from the mental
incompetence or physical inability of the accused to
Section 2. Continuous trial until stand trial.
terminated; postponements. — Trial once
commenced shall continue from day to day as far as (d) If the information is dismissed upon motion of the
practicable until terminated. It may be postponed for a prosecution and thereafter a charge is filed against
reasonable period of time for good cause. (2a) the accused for the same offense, any period of delay
from the date the charge was dismissed to the date
The court shall, after consultation with the prosecutor the time limitation would commence to run as to the
and defense counsel, set the case for continuous trial subsequent charge had there been no previous
on a weekly or other short-term trial calendar at the charge.
earliest possible time so as to ensure speedy trial. In
no case shall the entire trial period exceed one (e) A reasonable period of delay when the accused is
hundred eighty (180) days from the first day of trial, joined for trial with a co-accused over whom the court
except as otherwise authorized by the Supreme has not acquired jurisdiction, or, as to whom the time
Court. (sec. 8, cir. 38-98). for trial has not run and no motion for separate trial
has been granted.
The time limitations provided under this section and
the preceding section shall not apply where special (f) Any period of delay resulting from a continuance
laws or circulars of the Supreme Court provide for a granted by any court motu proprio, or on motion of
shorter period of trial. (n) either the accused or his counsel, or the prosecution,
if the court granted the continuance on the basis of its
Section 3. Exclusions. — The following periods of findings set forth in the order that the ends of justice
delay shall be excluded in computing the time within served by taking such action outweigh the best
which trial must commence: interest of the public and the accused in a speedy
trial. (sec. 9, cir. 38-98)
(a) Any period of delay resulting from other
proceedings concerning the accused, including but Section 4. Factors for granting continuance. — The
not limited to the following: following factors, among others, shall be considered
by a court in determining whether to grant a
continuance under section 3(f) of this Rule.
(1) Delay resulting from an examination of the
physical and mental condition of the accused;
(a) Whether or not the failure to grant a
continuance in the proceeding would likely
(2) Delay resulting from proceedings with make a continuation of such proceeding
respect to other criminal charges against the impossible or result in a miscarriage of justice;
accused; and

(3) Delay resulting from extraordinary (b) Whether or not the case taken as a whole
remedies against interlocutory orders; is so novel, unusual and complex, due to the
number of accused or the nature of the
(4) Delay resulting from pre-trial proceedings; prosecution, or that it is unreasonable to
provided, that the delay does not exceed thirty expect adequate preparation within the
(30) days; periods of time established therein.

(5) Delay resulting from orders of inhibition, or In addition, no continuance under section 3(f) of this
proceedings relating to change of venue of Rule shall be granted because of congestion of the
cases or transfer from other courts; court's calendar or lack of diligent preparation or
failure to obtain available witnesses on the part of the
(6) Delay resulting from a finding of the prosecutor. (sec. 10, cir. 38-98)
existence of a prejudicial question; and
Section 5. Time limit following an order for new trial.
(7) Delay reasonably attributable to any — If the accused is to be tried again pursuant to an
period, not exceed thirty (30) days, during order for a new trial, the trial shall commence within
thirty (30) days from notice of the order, provided that (d) Willfully fails to proceed to trial without
if the period becomes impractical due to unavailability justification consistent with the provisions
of witnesses and other factors, the court may extend it hereof, the court may punish such counsel,
but not to exceed one hundred eighty (180) days from attorney, or prosecution, as follows:
notice of said order for a new trial. (sec. 11, cir. 38-98)
(1) By imposing on a counsel privately
Section 6. Extended time limit. — Notwithstanding retained in connection with the
the provisions of section 1(g), Rule 116 and the defense of an accused, a fine not
preceding section 1, for the first twelve-calendar- exceeding twenty thousand pesos
month period following its effectivity on September 15, (P20,000.00);
1998, the time limit with respect to the period from
arraignment to trial imposed by said provision shall be (2) By imposing on any appointed
one hundred eighty (180) days. For the second counsel de oficio, public attorney, or
twelve-month period, the limit shall be one hundred prosecutor a fine not exceeding five
twenty (120) days, and for the third twelve-month thousand pesos (P5,000.00); and
period, the time limit shall be eighty (80) days. (sec. 7,
cir. 38-98) (3) By denying any defense counsel or
prosecutor the right to practice before
Section 7. Public attorney's duties where accused is the court trying the case for a period
imprisoned. — If the public attorney assigned to not exceeding thirty (30) days. The
defend a person charged with a crime knows that the punishment provided for by this
latter is preventively detained, either because he is section shall be without prejudice to
charged with a bailable crime but has no means to any appropriate criminal action or
post bail, or, is charged with a non-bailable crime, or, other sanction authorized under these
is serving a term of imprisonment in any penal rules. (sec. 13, cir. 38-98)
institution, it shall be his duty to do the following:
Section 9. Remedy where accused is not brought to
(a) Shall promptly undertake to obtain the trial within the time limit. — If the accused is not
presence of the prisoner for trial or cause a brought to trial within the time limit required by
notice to be served on the person having Section 1(g), Rule 116 and Section 1, as extended by
custody of the prisoner requiring such person Section 6 of this rule, the information may be
to so advise the prisoner of his right to dismissed on motion of the accused on the ground of
demand trial. denial of his right of speedy trial. The accused shall
have the burden of proving the motion but the
(b) Upon receipt of that notice, the custodian prosecution shall have the burden of going forward
of the prisoner shall promptly advise the with the evidence to establish the exclusion of time
prisoner of the charge and of his right to under section 3 of this rule. The dismissal shall be
demand trial. If at anytime thereafter the subject to the rules on double jeopardy.
prisoner informs his custodian that he
demands such trial, the latter shall cause Failure of the accused to move for dismissal prior to
notice to that effect to sent promptly to the trial shall constitute a waiver of the right to dismiss
public attorney. under this section. (sec. 14, cir. 38-98)

(c) Upon receipt of such notice, the public Section 10. Law on speedy trial not a bar to provision
attorney shall promptly seek to obtain the on speedy trial in the Constitution. — No provision of
presence of the prisoner for trial. law on speedy trial and no rule implementing the
same shall be interpreted as a bar to any charge of
(d) When the custodian of the prisoner denial of the right to speedy trial guaranteed by
receives from the public attorney a properly section 14(2), article III, of the 1987 Constitution. (sec.
supported request for the availability of the 15, cir. 38-98)
prisoner for purposes of trial, the prisoner
shall be made available accordingly. (sec. 12, Section 11. Order of trial. — The trial shall proceed in
cir. 38-98) the following order:

Section 8. Sanctions. — In any case in which private (a) The prosecution shall present evidence to
counsel for the accused, the public attorney, or the prove the charge and, in the proper case, the
prosecutor. civil liability.

(a) Knowingly allows the case to be set for (b) The accused may present evidence to
trial without disclosing that a necessary prove his defense, and damages, if any,
witness would be unavailable for trial; arising from the issuance of a provisional
remedy in the case.
(b) Files a motion solely for delay which he
knows is totally frivolous and without merit; (c) The prosecution and the defense may, in
that order, present rebuttal and sur-rebuttal
(c) Makes a statement for the purpose of evidence unless the court, in furtherance of
obtaining continuance which he knows to be justice, permits them to present additional
false and which is material to the granting of a evidence bearing upon the main issue.
continuance; or
 (d) Upon admission of the evidence of the Section 16. Trial of several accused. — When two or
parties, the case shall be deemed submitted more accused are jointly charged with any offense,
for decision unless the court directs them to they shall be tried jointly unless the court, in its
argue orally or to submit written memoranda. discretion and upon motion of the prosecutor or any
accused, orders separate trial for one or more
(e) When the accused admits the act or accused. (8a)
omission charged in the complaint or
information but interposes a lawful defense, Section 17. Discharge of accused to be state
the order of trial may be modified. (3a) witness. — When two or more persons are jointly
charged with the commission of any offense, upon
Section 12. Application for examination of witness for motion of the prosecution before resting its case, the
accused before trial. — When the accused has been court may direct one or more of the accused to be
held to answer for an offense, he may, upon motion discharged with their consent so that they may be
with notice to the other parties, have witnesses witnesses for the state when, after requiring the
conditionally examined in his behalf. The motion shall prosecution to present evidence and the sworn
state: (a) the name and residence of the witness; (b) statement of each proposed state witness at a
the substance of his testimony; and (c) that the hearing in support of the discharge, the court is
witness is sick or infirm as to afford reasonable satisfied that:
ground for believing that he will not be able to attend
the trial, or resides more than one hundred (100) (a) There is absolute necessity for the
kilometers from the place of trial and has no means to testimony of the accused whose discharge is
attend the same, or that other similar circumstances requested;
exist that would make him unavailable or prevent him
from attending the trial. The motion shall be supported (b) The is no other direct evidence available
by an affidavit of the accused and such other for the proper prosecution of the offense
evidence as the court may require. (4a) committed, except the testimony of said
accused;
Section 13. Examination of defense witness; how
made. — If the court is satisfied that the examination (c) The testimony of said accused can be
of a witness for the accused is necessary, an order substantially corroborated in its material
will be made directing that the witness be examined at points;
a specified date, time and place and that a copy of the
order be served on the prosecutor at least three (3) (d) Said accused does not appear to be the
days before the scheduled examination. The most guilty; and
examination shall be taken before a judge, or, if not
practicable, a member of the Bar in good standing so
(e) Said accused has not at any time been
designated by the judge in the order, or if the order be
convicted of any offense involving moral
made by a court of superior jurisdiction, before an
turpitude.
inferior court to be designated therein. The
examination shall proceed notwithstanding the
absence of the prosecutor provided he was duly Evidence adduced in support of the discharge shall
notified of the hearing. A written record of the automatically form part of the trial. If the court denies
testimony shall be taken. (5a) the motion for discharge of the accused as state
witness, his sworn statement shall be inadmissible in
evidence. (9a)
Section 14. Bail to secure appearance of material
witness. — When the court is satisfied, upon proof or
oath, that a material witness will not testify when Section 18. Discharge of accused operates as
required, it may, upon motion of either party, order the acquittal. — The order indicated in the preceding
witness to post bail in such sum as may be deemed section shall amount to an acquittal of the discharged
proper. Upon refusal to post bail, the court shall accused and shall be a bar to future prosecution for
commit him to prison until he complies or is legally the same offense, unless the accused fails or refuses
discharged after his testimony has been taken. (6a) to testify against his co-accused in accordance with
his sworn statement constituting the basis for the
discharge. (10a)
Section 15. Examination of witness for the
prosecution. — When it satisfactorily appears that a
witness for the prosecution is too sick or infirm to Section 19. When mistake has been made in
appear at the trial as directed by the order of the charging the proper offense. — When it becomes
court, or has to leave the Philippines with no definite manifest at any time before judgment that a mistake
date of returning, he may forthwith be conditionally has been made in charging the proper offense and
examined before the court where the case is pending. the accused cannot be convicted of the offense
Such examination, in the presence of the accused, or charged or any other offense necessarily included
in his absence after reasonable notice to attend the therein, the accused shall not be discharged if there
examination has been served on him, shall be appears good cause to detain him. In such case, the
conducted in the same manner as an examination at court shall commit the accused to answer for the
the trial. Failure or refusal of the accused to attend the proper offense and dismiss the original case upon the
examination after notice shall be considered a waiver. filing of the proper information. (11a)
The statement taken may be admitted in behalf of or
against the accused. (7a) Section 20. Appointment of acting prosecutor. —
When a prosecutor, his assistant or deputy is
disqualified to act due to any of the grounds stated in
section 1 of Rule 137 or for any other reasons, the and the imposition on him of the proper penalty and
judge or the prosecutor shall communicate with the civil liability, if any. It must be written in the official
Secretary of Justice in order that the latter may language, personally and directly prepared by the
appoint an acting prosecutor. (12a) judge and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon
Section 21. Exclusion of the public. — The judge which it is based. (1a)
may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during the Section 2. Contents of the judgment. — If the
trial is offensive to decency or public morals. He may judgment is of conviction, it shall state (1) the legal
also, on motion of the accused, exclude the public qualification of the offense constituted by the acts
from the trial, except court personnel and the counsel committed by the accused and the aggravating or
of the parties. (13a) mitigating circumstances which attended its
commission; (2) the participation of the accused in the
Section 22. Consolidation of trials of related offenses. offense, whether as principal, accomplice, or
— Charges for offenses founded on the same facts or accessory after the fact; (3) the penalty imposed upon
forming part of a series of offenses of similar the accused; and (4) the civil liability or damages
character may be tried jointly at the discretion of the caused by his wrongful act or omission to be
court. (14a) recovered from the accused by the offended party, if
there is any, unless the enforcement of the civil
Section 23. Demurrer to evidence. — After the liability by a separate civil action has been reserved or
prosecution rests its case, the court may dismiss the waived.
action on the ground of insufficiency of evidence (1)
on its own initiative after giving the prosecution the In case the judgment is of acquittal, it shall state
opportunity to be heard or (2) upon demurrer to whether the evidence of the prosecution absolutely
evidence filed by the accused with or without leave of failed to prove the guilt of the accused or merely failed
court. to prove his guilt beyond reasonable doubt. In either
case, the judgment shall determine if the act or
If the court denies the demurrer to evidence filed with omission from which the civil liability might arise did
leave of court, the accused may adduce evidence in not exist. (2a)
his defense. When the demurrer to evidence is filed
without leave of court, the accused waives the right to Section 3. Judgment for two or more offenses. —
present evidence and submits the case for judgment When two or more offenses are charged in a single
on the basis of the evidence for the prosecution. (15a) complaint or information but the accused fails to
object to it before trial, the court may convict him of as
The motion for leave of court to file demurrer to many offenses as are charged and proved, and
evidence shall specifically state its grounds and shall impose on him the penalty for each offense, setting
be filed within a non-extendible period of five (5) days out separately the findings of fact and law in each
after the prosecution rests its case. The prosecution offense. (3a)
may oppose the motion within a non-extendible period
of five (5) days from its receipt. Section 4. Judgment in case of variance between
allegation and proof. — When there is variance
If leave of court is granted, the accused shall file the between the offense charged in the complaint or
demurrer to evidence within a non-extendible period information and that proved, and the offense as
of ten (10) days from notice. The prosecution may charged is included in or necessarily includes the
oppose the demurrer to evidence within a similar offense proved, the accused shall be convicted of the
period from its receipt. offense proved which is included in the offense
charged, or of the offense charged which is included
in the offense proved. (4a)
The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not
be reviewable by appeal or by certiorari before Section 5. When an offense includes or is included in
judgment. (n) another. — An offense charged necessarily includes
the offense proved when some of the essential
elements or ingredients of the former, as alleged in
Section 24. Reopening. — At any time before finality
the complaint or information, constitute the latter. And
of the judgment of conviction, the judge may, motu
an offense charged is necessarily included in the
proprio or upon motion, with hearing in either case,
offense proved, when the essential ingredients of the
reopen the proceedings to avoid a miscarrage of
former constitute or form a part of those constituting
justice. The proceedings shall be terminated within
the latter. (5a)
thirty (30) days from the order grating it. (n)
Section 6. Promulgation of judgment. — The
judgment is promulgated by reading it in the presence
of the accused and any judge of the court in which it
was rendered. However, if the conviction is for a light
RULE 120 offense, the judgment may be pronounced in the
presence of his counsel or representative. When the
Judgment judge is absent or outside of the province or city, the
judgment may be promulgated by the clerk of court.
Section 1. Judgment definition and form. —
Judgment is the adjudication by the court that the If the accused is confined or detained in another
accused is guilty or not guilty of the offense charged province or city, the judgment may be promulgated by
the executive judge of the Regional Trial Court having instance but with the consent of the accused, grant a
jurisdiction over the place of confinement or detention new trial or reconsideration. (1a)
upon request of the court which rendered the
judgment. The court promulgating the judgment shall Section 2. Grounds for a new trial. — The court shall
have authority to accept the notice of appeal and to grant a new trial on any of the following grounds:
approve the bail bond pending appeal; provided, that
if the decision of the trial court convicting the accused (a) The errors of law or irregularities
changed the nature of the offense from non-bailable prejudicial to the substantial rights of the
to bailable, the application for bail can only be filed accused have been committed during the trial;
and resolved by the appellate court.
(b) The new and material evidence has been
The proper clerk of court shall give notice to the discovered which the accused could not with
accused personally or through his bondsman or reasonable diligence have discovered and
warden and counsel, requiring him to be present at produced at the trial and which if introduced
the promulgation of the decision. If the accused and admitted would probably change the
tried in absentia because he jumped bail or escaped judgment. (2a)
from prison, the notice to him shall be served at his
last known address.
Section 3. Ground for reconsideration. — The court
shall grant reconsideration on the ground of errors of
In case the accused fails to appear at the scheduled law or fact in the judgment, which requires no further
date of promulgation of judgment despite notice, the proceedings. (3a)
promulgation shall be made by recording the
judgment in the criminal docket and serving him a
Section 4. Form of motion and notice to the
copy thereof at his last known address or thru his
prosecutor. — The motion for a new trial or
counsel.
reconsideration shall be in writing and shall state the
grounds on which it is based. If based on a newly-
If the judgment is for conviction and the failure of the discovered evidence, the motion must be supported
accused to appear was without justifiable cause, he by affidavits of witnesses by whom such evidence is
shall lose the remedies available in these rules expected to be given or by duly authenticated copies
against the judgment and the court shall order his of documents which are proposed to be introduced in
arrest. Within fifteen (15) days from promulgation of evidence. Notice of the motion for new trial or
judgment, however, the accused may surrender and reconsideration shall be given to the prosecutor. (4a)
file a motion for leave of court to avail of these
remedies. He shall state the reasons for his absence
Section 5. Hearing on motion. — Where a motion for
at the scheduled promulgation and if he proves that
a new trial calls for resolution of any question of fact,
his absence was for a justifiable cause, he shall be
the court may hear evidence thereon by affidavits or
allowed to avail of said remedies within fifteen (15)
otherwise. (5a)
days from notice. (6a)
Section 6. Effects of granting a new trial or
Section 7. Modification of judgment. — A judgment of
reconsideration. — The effects of granting a new trial
conviction may, upon motion of the accused, be
or reconsideration are the following:
modified or set aside before it becomes final or before
appeal is perfected. Except where the death penalty
is imposed, a judgment becomes final after the lapse (a) When a new trial is granted on the ground
of the period for perfecting an appeal, or when the of errors of law or irregularities committed
sentence has been partially or totally satisfied or during the trial, all proceedings and evidence
served, or when the accused has waived in writing his affected thereby shall be set aside and taken
right to appeal, or has applied for probation. (7a) anew. The court may, in the interest of justice,
allow the introduction of additional evidence.
Section 8. Entry of judgment. — After a judgment has
become final, it shall be entered in accordance with (b) When a new trial is granted on the ground
Rule 36. (8) of newly-discovered evidence, the evidence
already adduced shall stand and the newly-
discovered and such other evidence as the
Section 9. Existing provisions governing suspension
court may, in the interest of justice, allow to be
of sentence, probation and parole not affected by this
introduced shall be taken and considered
Rule. — Nothing in this Rule shall affect any existing
together with the evidence already in the
provisions in the laws governing suspension of
record.
sentence, probation or parole. (9a)
(c) In all cases, when the court grants new
trial or reconsideration, the original judgment
shall be set aside or vacated and a new
judgment rendered accordingly. (6a)
RULE 121

New Trial or Reconsideration

Section 1. New trial or reconsideration. — At any RULE 122

time before a judgment of conviction becomes final,
the court may, on motion of the accused or at its own
Appeal
Section 1. Who may appeal. — Any party may taken. The appellate court may, in its discretion,
appeal from a judgment or final order, unless the entertain an appeal notwithstanding failure to give
accused will be placed in double jeopardy. (2a) such notice if the interests of justice so require. (5a)

Section 2. Where to appeal. — The appeal may be Section 6. When appeal to be taken. — An appeal
taken as follows: must be taken within fifteen (15) days from
promulgation of the judgment or from notice of the
(a) To the Regional Trial Court, in cases final order appealed from. This period for perfecting
decided by the Metropolitan Trial Court, an appeal shall be suspended from the time a motion
Municipal Trial Court in Cities, Municipal Trial for new trial or reconsideration is filed until notice of
Court, or Municipal Circuit Trial Court; the order overruling the motion shall have been
served upon the accused or his counsel at which time
(b) To the Court of Appeals or to the Supreme the balance of the period begins to run. (6a)
Court in the proper cases provided by law, in
cases decided by the Regional Trial Court; Section 7. Transcribing and filing notes of
and stenographic reporter upon appeal. — When notice of
appeal is filed by the accused, the trial court shall
(c) To the Supreme Court, in cases decided direct the stenographic reporter to transcribe his notes
by the Court of Appeals. (1a) of the proceedings. When filed by the People of the
Philippines, the trial court shall direct the stenographic
reporter to transcribe such portion of his notes of the
Section 3. How appeal taken. —
proceedings as the court, upon motion, shall specify
in writing. The stenographic reporter shall certify to
(a) The appeal to the Regional Trial Court, or the correctness of the notes and the transcript
to the Court of Appeals in cases decided by thereof, which shall consist of the original and four
the Regional Trial Court in the exercise of its copies, and shall file the original and four copies with
original jurisdiction, shall be taken by filing a the clerk without unnecessary delay.
notice of appeal with the court which rendered
the judgment or final order appealed from and
If death penalty is imposed, the stenographic reporter
by serving a copy thereof upon the adverse
shall, within thirty (30) days from promulgation of the
party.
sentence, file with the clerk original and four copies of
the duly certified transcript of his notes of the
(b) The appeal to the Court of Appeals in proceedings. No extension of time for filing of said
cases decided by the Regional Trial Court in transcript of stenographic notes shall be granted
the exercise of its appellate jurisdiction shall except by the Supreme Court and only upon
be by petition for review under Rule 42. justifiable grounds. (7a)

(c) The appeal to the Supreme Court in cases Section 8. Transmission of papers to appellate court
where the penalty imposed by the Regional upon appeal. — Within five (5) days from the filing of
Trial Court is death, reclusion perpetua, or life the notice of appeal, the clerk of the court with whom
imprisonment, or where a lesser penalty is the notice of appeal was filed must transmit to the
imposed but for offenses committed on the clerk of court of the appellate court the complete
same occasion or which arose out of the record of the case, together with said notice. The
same occurrence that gave rise to the more original and three copies of the transcript of
serious offense for which the penalty of stenographic notes, together with the records, shall
death, reclusion perpetua, or life imprisonment also be transmitted to the clerk of the appellate court
is imposed, shall be by filing a notice of without undue delay. The other copy of the transcript
appeal in accordance with paragraph (a) of shall remain in the lower court. (8a)
this section.
Section 9. Appeal to the Regional Trial Courts. —
(d) No notice of appeal is necessary in cases
where the death penalty is imposed by the
(a) Within five (5) days from perfection of the
Regional Trial Court. The same shall be
appeal, the clerk of court shall transmit the
automatically reviewed by the Supreme Court
original record to the appropriate Regional
as provided in section 10 of this Rule.
Trial Court.
(e) Except as provided in the last paragraph of
(b) Upon receipt of the complete record of the
section 13, Rule 124, all other appeals to the
case, transcripts and exhibits, the clerk of
Supreme Court shall be by petition for review
court of the Regional Trial Court shall notify
on certiorari under Rules 45. (3a)
the parties of such fact.
Section 4. Publication of notice of appeal. — If
personal service of the copy of the notice of appeal
can not be made upon the adverse party or his
counsel, service may be done by registered mail or by
substituted service pursuant to sections 7 and 8 of
Rule 13. (4a)

Section 5. Waiver of notice. — The appellee may

waive his right to a notice that an appeal has been
 (c) Within fifteen (15) days from receipt of the
said notice, the parties may submit
memoranda or briefs, or may be required by
the Regional Trial Court to do so. After the RULE 123
submission of such memoranda or briefs, or
upon the expiration of the period to file the Procedure in the Municipal Trial Courts
same, the Regional Trial Court shall decide
the case on the basis of the entire record of
the case and of such memoranda or briefs as Section 1. Uniform Procedure. — The procedure to
may have been filed. (9a) be observed in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial
Courts shall be the same as in the Regional Trial
Section 10. Transmission of records in case of death Courts, except where a particular provision applies
penalty. — In all cases where the death penalty is only to either of said courts and in criminal cases
imposed by the trial court, the records shall be governed by the Revised Rule on Summary
forwarded to the Supreme Court for automatic review Procedure. (1a)
and judgment within five (5) days after the fifteenth
(15) day following the promulgation of the judgment or
notice of denial of a motion for new trial or
reconsideration. The transcript shall also be
forwarded within ten (10) days after the filing thereof
by the stenographic reporter. (10a) RULE 124

Section 11. Effect of appeal by any of several Procedure in the Court of Appeals
accused. —
Section 1. Title of the case. — In all criminal cases
(a) An appeal taken by one or more of several appealed to the Court of Appeals, the party appealing
accused shall not affect those who did not the case shall be called the "appellant" and the
appeal, except insofar as the judgment of the adverse party the "appellee," but the title of the case
appellate court is favorable and applicable to shall remain as it was in the court of origin. (1a)
the latter;
Section 2. Appointment of counsel de oficio for the
(b) The appeal of the offended party from the accused. — If it appears from the record of the case
civil aspect shall not affect the criminal aspect as transmitted that (a) the accused is confined in
of the judgment or order appealed from. prison, (b) is without counsel de parte on appeal, or
(c) has signed the notice of appeal himself, the clerk
(c) Upon perfection of the appeal, the of court of the Court of Appeals shall designate a
execution of the judgment or final order counsel de oficio.
appealed from shall be stayed as to the
appealing party. (11a) An appellant who is not confined in prison may, upon
request, be assigned a counsel de oficio within ten
Section 12. Withdrawal of appeal. — Notwithstanding (10) days from receipt of the notice to file brief and he
the perfection of the appeal, the Regional Trial Court, establishes his right thereto. (2a)
Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court, or Municipal Circuit Trial Section 3. When brief for appellant to be filed. —
Court, as the case may be, may allow the appellant to Within thirty (30) days from receipt by the appellant or
withdraw his appeal before the record has been his counsel of the notice from the clerk of court of the
forwarded by the clerk of court to the proper appellate Court of Appeals that the evidence, oral and
court as provided in section 8, in which case the documentary, is already attached to the record, the
judgment shall become final. The Regional Trial Court appellant shall file seven (7) copies of his brief with
may also, in its discretion, allow the appellant from the the clerk of court which shall be accompanied by
judgment of a Metropolitan Trial Court, Municipal Trial proof of service of two (2) copies thereof upon the
Court in Cities, Municipal Trial Court, or Municipal appellee. (3a)
Circuit Trial Court to withdraw his appeal, provided a
motion to that effect is filed before rendition of the Section 4. When brief for appellee to be filed; reply
judgment in the case on appeal, in which case the brief of the appellant. — Within thirty (30) days from
judgment of the court of origin shall become final and the receipt of the brief of the appellant, the appellee
the case shall be remanded to the latter court for shall file seven (7) copies of the brief of the appellee
execution of the judgment. (12a) with the clerk of court which shall be accompanied by
proof of service of two (2) copies thereof upon the
Section 13. Appointment of counsel de oficio for appellant.
accused on appeal. — It shall be the duty of the clerk
of the trial court, upon filing of a notice of appeal, to Within twenty (20) days from receipt of the brief of the
ascertain from the appellant, if confined in prison, appellee, the appellant may file a reply brief traversing
whether he desires the Regional Trial Court, Court of matters raised in the former but not covered in the
Appeals or the Supreme Court to appoint a brief of the appellant. (4a)
counsel de oficio to defend him and to transmit with
the record on a form to be prepared by the clerk of
court of the appellate court, a certificate of compliance
with this duty and of the response of the appellant to
his inquiry. (13a)
Section 5. Extension of time for filing briefs. — judgment or final resolution, which shall be reached in
Extension of time for the filing of briefs will not be consultation before the writing of the opinion by a
allowed except for good and sufficient cause and only member of the division. In the event that the three (3)
if the motion for extension is filed before the expiration Justices can not reach a unanimous vote, the
of the time sought to be extended. (5a) Presiding Justice shall direct the raffle committee of
the Court to designate two (2) additional Justices to
Section 6. Form of briefs. — Briefs shall either be sit temporarily with them, forming a special division of
printed, encoded or typewritten in double space on five (5) members and the concurrence of a majority of
the legal size good quality unglazed paper, 330 mm. such division shall be necessary for the
in length by 216 mm. in width. (6a) pronouncement of a judgment or final resolution. The
designation of such additional Justices shall be made
Section 7. Contents of brief. — The briefs in criminal strictly by raffle and rotation among all other Justices
cases shall have the same contents as provided in of the Court of Appeals.
sections 13 and 14 of Rule 44. A certified true copy of
the decision or final order appealed from shall be Whenever the Court of Appeals finds that the penalty
appended to the brief of appellant. (7a) of death, reclusion perpetua, or life imprisonment
should be imposed in a case, the court, after
Section 8. Dismissal of appeal for abandonment or discussion of the evidence and the law involved, shall
failure to prosecute. — The Court of Appeals may, render judgment imposing the penalty of
upon motion of the appellee or motu proprio and with death, reclusion perpetua, or life imprisonment as the
notice to the appellant in either case, dismiss the circumstances warrant. However, it shall refrain from
appeal if the appellant fails to file his brief within the entering the judgment and forthwith certify the case
time prescribed by this Rule, except where the and elevate the entire record thereof to the Supreme
appellant is represented by a counsel de oficio. Court for review. (13a)

The Court of Appeals may also, upon motion of the Section 14. Motion for new trial. — At any time after
appellee or motu proprio, dismiss the appeal if the the appeal from the lower court has been perfected
appellant escapes from prison or confinement, jumps and before the judgment of the Court of Appeals
bail or flees to a foreign country during the pendency convicting the appellant becomes final, the latter may
of the appeal. (8a) move for a new trial on the ground of newly-
discovered evidence material to his defense. The
motion shall conform with the provisions of section 4,
Section 9. Prompt disposition of appeals. — Appeals
Rule 121. (14a)
of accused who are under detention shall be given
precedence in their disposition over other appeals.
The Court of Appeals shall hear and decide the Section 15. Where new trial conducted. — When a
appeal at the earliest practicable time with due regard new trial is granted, the Court of Appeals may
to the rights of the parties. The accused need not be conduct the hearing and receive evidence as provided
present in court during the hearing of the appeal. (9a) in section 12 of this Rule or refer the trial to the court
of origin. (15a)
Section 10. Judgment not to be reversed or modified
except for substantial error. — No judgment shall be Section 16. Reconsideration. — A motion for
reversed or modified unless the Court of Appeals, reconsideration shall be filed within fifteen (15) days
after an examination of the record and of the evidence after from notice of the decision or final order of the
adduced by the parties, is of the opinion that error Court of Appeals, with copies served upon the
was committed which injuriously affected the adverse party, setting forth the grounds in support
substantial rights of the appellant. (10a) thereof. The mittimus shall be stayed during the
pendency of the motion for reconsideration. No party
shall be allowed a second motion for reconsideration
Section 11. Scope of judgment. — The Court of
of a judgment or final order. (16a)
Appeals may reverse, affirm, or modify the judgment
and increase or reduce the penalty imposed by the
trial court, remand the case to the Regional Trial Section 17. Judgment transmitted and filed in trial
Court for new trial or retrial, or dismiss the case. (11a) court. — When the entry of judgment of the Court of
Appeals is issued, a certified true copy of the
judgment shall be attached to the original record
Section 12. Power to receive evidence — The Court
which shall be remanded to the clerk of the court from
of Appeals shall have the power to try cases and
which the appeal was taken. (17a)
conduct hearings, receive evidence and perform any
and all acts necessary to resolve factual issues raised
in cases (a) falling within its original jurisdiction, (b) Section 18. Application of certain rules in civil to
involving claims for damages arising from provisional criminal cases. — The provisions of Rules 42, 44 to
remedies, or (c) where the court grants a new trial 46 and 48 to 56 relating to procedure in the Court of
based only on the ground of newly-discovered Appeals and in the Supreme Court in original and
evidence. (12a) appealed civil cases shall be applied to criminal cases
insofar as they are applicable and not inconsistent
with the provisions of this Rule. (18a)
Section 13. Quorum of the court; certification or
appeal of cases to Supreme Court. — Three (3)
Justices of the Court of Appeals shall constitute
a quorum for the sessions of a division. The
unanimous vote of the three (3) Justices of a division
shall be necessary for the pronouncement of a RULE 125
 Procedure in the Supreme Court Section 4. Requisites for issuing search warrant. — A
search warrant shall not issue except upon probable
Section 1. Uniform procedure. — Unless otherwise cause in connection with one specific offense to be
provided by the Constitution or by law, the procedure determined personally by the judge after examination
in the Supreme Court in original and in appealed under oath or affirmation of the complainant and the
cases shall be the same as in the Court of Appeals. witnesses he may produce, and particularly
(1a) describing the place to be searched and the things to
be seized which may be anywhere in the Philippines.
Section 2. Review of decisions of the Court of (3a)
Appeals. — The procedure for the review by the
Supreme Court of decisions in criminal cases Section 5. Examination of complainant; record. —
rendered by the Court of Appeals shall be the same The judge must, before issuing the warrant,
as in civil cases. (2a) personally examine in the form of searching questions
and answers, in writing and under oath, the
Section 3. Decision if opinion is equally divided. — complainant and the witnesses he may produce on
When the Supreme Court en banc is equally divided facts personally known to them and attach to the
in opinion or the necessary majority cannot be had on record their sworn statements, together with the
whether to acquit the appellant, the case shall again affidavits submitted. (4a)
be deliberated upon and if no decision is reached
after re-deliberation, the judgment of conviction of the Section 6. Issuance and form of search warrant. — If
lower court shall be reversed and the accused the judge is satisfied of the existence of facts upon
acquitted. (3a) which the application is based or that there is
probable cause to believe that they exist, he shall
issue the warrant, which must be substantially in the
form prescribed by these Rules. (5a)

RULE 126 Section 7. Right to break door or window to effect

search. — The officer, if refused admittance to the
place of directed search after giving notice of his
Search and Seizure purpose and authority, may break open any outer or
inner door or window of a house or any part of a
Section 1. Search warrant defined. — A search house or anything therein to execute the warrant or
warrant is an order in writing issued in the name of liberate himself or any person lawfully aiding him
the People of the Philippines, signed by a judge and when unlawfully detained therein. (6)
directed to a peace officer, commanding him to
search for personal property described therein and Section 8. Search of house, room, or premise to be
bring it before the court. (1) made in presence of two witnesses. — No search of a
house, room, or any other premise shall be made
Section 2. Court where application for search warrant except in the presence of the lawful occupant thereof
shall be filed. — An application for search warrant or any member of his family or in the absence of the
shall be filed with the following: latter, two witnesses of sufficient age and discretion
residing in the same locality. (7a)
a) Any court within whose territorial jurisdiction
a crime was committed. Section 9. Time of making search. — The warrant
must direct that it be served in the day time, unless
b) For compelling reasons stated in the the affidavit asserts that the property is on the person
application, any court within the judicial region or in the place ordered to be searched, in which case
where the crime was committed if the place of a direction may be inserted that it be served at any
the commission of the crime is known, or any time of the day or night. (8)
court within the judicial region where the
warrant shall be enforced. Section 10. Validity of search warrant. — A search
warrant shall be valid for ten (10) days from its date.
However, if the criminal action has already been filed, Thereafter it shall be void. (9a)
the application shall only be made in the court where
the criminal action is pending. (n) Section 11. Receipt for the property seized. — The
officer seizing property under the warrant must give a
Section 3. Personal property to be seized. — A detailed receipt for the same to the lawful occupant of
search warrant may be issued for the search and the premises in whose presence the search and
seizure of personal property: seizure were made, or in the absence of such
occupant, must, in the presence of at least two
(a) Subject of the offense; witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in which
(b) Stolen or embezzled and other proceeds, he found the seized property. (10a)
or fruits of the offense; or
Section 12. Delivery of property and inventory thereof
(c) Used or intended to be used as the means to court; return and proceedings thereon. — (a) The
of committing an offense. (2a) officer must forthwith deliver the property seized to
the judge who issued the warrant, together with a true
inventory thereof duly verified under oath.
 (b) Ten (10) days after issuance of the search employment as such, or by any other person
warrant, the issuing judge shall ascertain if the in a fiduciary capacity, or for a willful violation
return has been made, and if none, shall of duty;
summon the person to whom the warrant was
issued and require him to explain why no (c) When the accused has concealed,
return was made. If the return has been removed, or disposed of his property, or is
made, the judge shall ascertain whether about to do so; and
section 11 of this Rule has been complained
with and shall require that the property seized a) When the accused resides outside
be delivered to him. The judge shall see to it the Philippines. (2a)
that subsection (a) hereof has been complied
with.

(c) The return on the search warrant shall be

filed and kept by the custodian of the log book
on search warrants who shall enter therein the
date of the return, the result, and other actions
of the judge.

A violation of this section shall constitute contempt of

court.(11a)

Section 13. Search incident to lawful arrest. — A

person lawfully arrested may be searched for
dangerous weapons or anything which may have
been used or constitute proof in the commission of an
offense without a search warrant. (12a)

Section 14. Motion to quash a search warrant or to

suppress evidence; where to file. — A motion to
quash a search warrant and/or to suppress evidence
obtained thereby may be filed in and acted upon only
by the court where the action has been instituted. If
no criminal action has been instituted, the motion may
be filed in and resolved by the court that issued the
search warrant. However, if such court failed to
resolve the motion and a criminal case is subsequent
filed in another court, the motion shall be resolved by
the latter court. (n)

RULE 127

Provisional Remedies in Criminal Cases

Section 1. Availability of provisional remedies. — The

provisional remedies in civil actions, insofar as they
are applicable, may be availed of in connection with
the civil action deemed instituted with the criminal
action. (1a)

Section 2. Attachment. — When the civil action is

properly instituted in the criminal action as provided in
Rule 111, the offended party may have the property of
the accused attached as security for the satisfaction
of any judgment that may be recovered from the
accused in the following cases:

(a) When the accused is about to abscond

from the Philippines;

(b) When the criminal action is based on a

claim for money or property embezzled or
fraudulently misapplied or converted to the
use of the accused who is a public officer,
officer of a corporation, attorney, factor,
broker, agent, or clerk, in the course of his