CLJ311 – CRIMINAL PROCEDURE

S.Y. 2023-2024 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H

LECTURE NOTES No. 5

COVERED TOPICS:

▪ WARRANT OF ARREST
▪ WARRANTLESS ARREST
▪ SEARCH WARRANT
▪ WARRANTLESS SEARCH
▪ CYBERCRIME WARRANTS
▪ BAIL
▪ RIGHTS OF THE ACCUSED
▪ MOTION FOR BILL OF PARTICULAR
▪ MOTION TO QUASH
▪ ARRAIGNMENT
▪ PRE-TRIAL

DISTINGUISH SEARCH WARRANT FROM WARRANT OF ARREST

SEARCH WARRANT WARRANT OF ARREST

Order in writing issued in the Order directed to the peace
NATURE AND name of the People of the officer to execute the
PURPOSE Philippines, signed by the warrant by taking the person
judge and directed to the stated therein into custody
peace officer to search that he may be bound to
personal property described answer for the commission
therein and to bring it to court of the offense.
[Sec. 1, Rule 126]

The judge must personally Sec. 2, Art. III of the

examine in the form of Constitution does not
DETERMINATION searching questions and mandatorily require the
OF answers, under oath, the judge to personally examine
PROBABLE complainant and witnesses he the complainant and her
CAUSE may produce on facts witnesses. Instead, he may
personally known to them opt to personally evaluate
and attach to the record their the report and supporting
sworn statements, together documents submitted by the
with the affidavits submitted prosecutor or he may
[Sec. 5, Rule 126] disregard the prosecutor’s
report and require the
submission of supporting
affidavits of witnesses.

It must particularly describe It must particularly describe

FORM the place to be searched and the person to be arrested
the things to be seized [Sec. 2, [Sec. 2, Art. III, Constitution]
Art. III, Constitution], which
may be anywhere in the
Philippines [Sec. 4, Rule 126]

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The warrant must direct that

it be served in the day time,
WHEN EXECUTED unless the affidavit asserts No such limitation under
that the property is on the Sec. 2, Art. III, Constitution
person or in the place ordered and Rule 113
to be searched, in which case
a direction may be inserted
that it be served at any time of
the day or night.

Valid for 10 days from its date Does not expire. The 10-day
VALIDITY [Sec. 10, period referred to in Sec. 4,
Rule 126] Rule 113 refers to the time
within which the head of the
office to whom the warrant
of arrest was delivered for
execution shall cause the
warrant to be executed.

FILING OF Does not necessarily require a Requires the filing of

CRIMINAL prior filing of criminal criminal complaint or
ACTION complaint or information information before the court.

ARREST
WHAT IS ARREST?
• Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

PERSONS NOT SUBJECT TO ARREST

DIPLOMATIC PARLIAMENTARY PRESIDENTIAL

IMMUNITY IMMUNITY IMMUNITY
Head of State Senator and Congressman President and other
Ambassadors impeachable officers.
Ministers
Plenipotentiary
Charge D’ Affaires
Minister residents
Immunity from civil, In all offenses not more than Privilege from arrest
criminal and six years of imprisonment during the entire tenure.
administrative charges. while the Congress is in
session

HOW IS AN ARREST MADE?

 An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest.
 NOTE: No violence or unnecessary force shall be used in making an arrest. The
person arrested shall not be subject to a greater restraint than is necessary for
his detention.

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IS APPLICATION OF ACTUAL FORCE NECESSARY?

 Application of actual force, manual touching of the body, physical restraint or
a formal declaration of arrest is not required. It is enough that there be an intent
on the part of one of the parties to arrest the other and an intent on the part of
the other to submit, under the belief and impression that submission is
necessary [Sanchez v. Demetriou, G.R. No. 111771 (1993)]

WHAT IS THE DUTY OF ARRESTING OFFICER?

 It shall be the duty of the officer executing the warrant to arrest the accused and
to deliver him to the nearest police station or jail without unnecessary delay.

EXECUTION OF WARRANT
 The head of the office to whom the warrant of arrest was delivered for
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
whom it was assigned for execution shall make a report to the judge who issued
the warrant. In case of his failure to execute the warrant, he shall state the
reasons therefor.
 NOTE: Warrant of Arrest does not expire. The 10-day period referred to in Sec.
4, Rule 113 refers to the time within which the head of the office to whom the
warrant of arrest was delivered for execution shall cause the warrant to be
executed.

VALID WARRANTLESS ARREST

a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense (IN FLAGRANTE
DELICTO);
b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it (HOT PURSUIT); and
c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112.

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IN FLAGRANTE HOT PURSUIT ARREST OF ESCAPED

DELICTO PERSON
A peace officer or a private A peace officer or a private A peace officer or a private
person may, without person may, without warrant, person may, without warrant,
warrant, arrest a person arrest a person when an offense arrest a person when the
when, in his presence, the has just been committed and the person to be arrested is a
person to be arrested: officer or private person has prisoner who has escaped
1. Has committed probable cause to believe, based 1. from a penal establishment
2. Is actually committing, or on personal knowledge of facts or place where he is serving
3. Is attempting to commit or circumstances that the person final judgment or temporarily
an offense [Sec. 5(a), Rule to be arrested has committed it confined while his case is
113] [Sec. 5(b), Rule 113] pending; or
2. While being transferred
from one confinement to
another [Sec. 5(c), Rule 113]
Escapee may be immediately
pursued or re-arrested
without a warrant at any time
and in any place within the
Philippines [Sec. 13, Rule
113]

1. The person to be arrested 1. An offense has just been Rationale

must Committed. At the time of arrest, the
execute an Overt Act - There must be a large measure escapee is in continuous
indicating that of commission of a crime (i.e.,
he has just committed, is Immediacy between the time the evasion of service of
actually committing, or is offense was committed and the sentence).
attempting to commit a time of the arrest. If there was an
crime, and appreciable lapse of time
2. Such overt act is done in between the arrest and the
the Presence or within the commission of the crime, a
View of the Arresting warrant of arrest must be
Officer. secured.

2. The person making the arrest

has probable cause to believe,
based on Personal Knowledge of
facts and
circumstances, that the person to
be arrested has committed it.

“In his presence” Personal knowledge does not

means: require actual presence at the
1. He sees the offense, even scene while a crime was being
though at a distance, or committed; it is enough that
2. He hears the evidence of the recent
disturbances created by the commission of the crime is
patent and the police officer has

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offense and proceeds at probable cause to believe based

once to the scene on personal knowledge of facts
or circumstances, that the person
to be arrested has recently
“Reliable information” committed the crime.
alone, absent any overt act
indicative of a felonious
enterprise in the presence
and within the view of the
arresting officers, are not
sufficient to constitute
probable cause that would
justify an in flagrante
delicto
Arrest

OTHER LAWFUL WARRANTLESS ARREST

1. If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in any
place within the Philippines [Sec. 13, Rule 113]
2. For the purpose of surrendering the accused, the bondsmen may arrest him or,
upon written authority endorsed on a certified copy of the undertaking, cause
him to be arrested by a police officer or any other person of suitable age and
discretion [Sec. 23, Rule 114]
3. An accused released on bail may be re- arrested without the necessity of a
warrant if he attempts to depart from the Philippines without permission of the
court where the case is pending [Sec. 23, Rule 114]

RELEVANT JURISPRUDENCE:
• Arrest in flagrante delicto is one made after conducting a buy-bust operation.
An arrest made after an entrapment operation does not require a warrant
inasmuch as it is considered as a valid warrantless arrest. Considering that an
arrest was lawfully made, the search incidental to such arrest was also valid. A
person lawfully arrested may be searched, without a search warrant, for
dangerous weapons or anything which may have been used or constitute as
proof in the commission of an offense.
• The mere act of darting away when approached by a police officer should not
be construed against the accused. Flight per se is not synonymous with guilt
and must not always be attributed to one’s consciousness of guilt. It is not a
reliable indicator of guilt without other circumstances.
• A warrantless arrest effected the day after the commission of the crime does
not fall within the purview of hot pursuit exception. The requirement of
“immediacy” between the time of the commission of the crime and the time of
the arrest must be present in such circumstance.
• Supreme Court declared that a warrantless arrest cannot be justified where no
crime is being committed at the time of the arrest because no crime may be
inferred from the fact that the eyes of person arrested were “moving fast” and
“looking at every person” passing by.

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OTHER RELEVANT CASES TO READ:

• People v. Andaya
• People v. Edano
• People v. Almodiel
• People v. Collado
• Antiquera v. People
• People v. Villareal
• People v. Aminuddin
• People v. Molina
• People v. Laguio
• Comerciante v. People
• People v. Cendana
• Posadas v. Ombudsman
• People v. Gerente

RULE ON ILLEGALITY OF ARREST AND WAIVER

• The legality of the arrest affects only the jurisdiction of the court over the person
of the accused [People v. Nuevas, G.R. No. 170233 (2007)]
• WAIVER: Any objection involving the arrest or the procedure in the court’s
acquisition of jurisdiction over the person of an accused must be made before
he enters his plea; otherwise the objection is deemed waived. Accordingly, an
application for or admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued, provided that it
was raised before he enters his plea. [Sec. 26, Rule 114]
• A waiver of the right to question an illegal warrantless arrest does not also
mean a waiver of the inadmissibility of evidence seized during an illegal
warrantless arrest [People v. Nuevas, G.R. No. 170233 (2007)]

ESSENTIAL REQUISITES OF WARRANT OF ARREST

• The warrant must:
a) Be issued upon probable cause determined personally by the judge
after examination under oath or affirmation of the complainant and the
witnesses he may produce; and
b) Particularly describe the person to be arrested [Sec. 2, Art. III,
Constitution]

PROBABLE CAUSE IN ISSUANCE OF WARRANT OF ARREST

 Probable cause, in connection with the issuance of a warrant of arrest, assumes
the existence of facts and circumstances that would lead a reasonably discreet
and prudent man to believe that a crime has been committed and that it was
likely committed by the person sought to be arrested.

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WHEN IS WARRANT OF ARREST ISSUED

 A judge issues a warrant of arrest upon the filing of the information by the
public prosecutor and after personal evaluation by the judge of the prosecutor’s
resolution and supporting evidence [Sec. 5(a), Rule 112, as amended by A.M. No.
05-8-26-SC]
 The judge does not have to personally examine the complainant and his
witnesses. Established doctrine provides that it is sufficient for the fiscal to
provide supporting documents regarding the existence of probable cause:
a) If the judge finds probable cause, he shall issue a warrant of arrest,
or
b) If he finds no probable cause, he may disregard the fiscal’s report
and require the submission of supporting affidavits of witnesses

WHEN WARRANT OF ARREST IS NOT NECESSARY

1. Crime or offense is punishable by FINE only
2. Accused is already under detention
3. By valid warrantless arrest.
4. If complaint or information is filed with the inferior court judge, and the
judge finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused had already been arrested. However,
if the judge is satisfied that there is no necessity for placing the accused
under custody, he may issue summons instead of a warrant of arrest
[Sec. 8(b), Rule 112, as amended by A.M. No. 05-8- 26-SC]

TIME OF MAKING ARREST

• An arrest may be made on any day and at any time of the day or night.

METHODS OF ARREST:

1. Execute the warrant within 10 days from its

receipt. In case of his failure to execute the
warrant, the head of the office to whom the
warrant was issued shall state the reasons
therefor. [Sec. 4, Rule 113]
2. The officer shall inform the person to be arrested
of the cause of the arrest and the fact that a
BY OFFICER WITH warrant has been issued for his arrest.
WARRANT 3. The officer 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 him as soon as
practicable [Sec. 7, Rule 113]
4. Arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay
[Sec. 3, Rule 113];
5. No violence or unnecessary force shall be used
in making an arrest. The person arrested shall
not be subject to a greater restraint than is
necessary for his detention [Sec. 2, 2nd par., Rule
113]
6. To orally summon as many persons as he deems
necessary to assist him in effecting the arrest
[Sec. 10, Rule 113]

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7. To break into building or enclosure when the

following concur: a. The person to be arrested is
or is reasonably believed to be in said building;
b. He has announced his authority and purpose
of entering therein; and c. He has requested and
been denied admittance. [Sec. 11, Rule 113]
8. To break out from the building/enclosure when
necessary to liberate himself [Sec. 12, Rule 113];
9. To search the person arrested for dangerous
weapons or anything which may have been used
or constitute proof in the commission of an
offense without a warrant [Sec. 13, Rule 126

LIMITATIONS:
 Exception: This does not apply:
a) When the person to be arrested flees;
b) When he forcibly resists before the officer
has opportunity to so inform him;
c) When the giving of such information will
imperil the arrest [Sec. 7, Rule 113]

GENERAL RULE: The officer shall inform the

person to be arrested of:
1. His authority; and
2. The cause of the arrest

EXCEPTIONS:
BY OFFICER WITHOUT A 1. When the person to be arrested is engaged in
WARRANT the commission of the offense;
2. When he is pursued immediately after its
commission;
3. When he has escaped, flees or forcibly resists
before the officer has the opportunity to so
inform him; or When the giving of such
information will imperil the arrest. [Sec

1. The private person shall inform the person to

be arrested of the intention to arrest him and
the cause of the arrest except in the same cases
as those for arrest by an officer without a
warrant [Sec. 9, Rule 113]
BY A PRIVATE CITIZEN 2. The private person must deliver the arrested
person to the nearest police station or jail, and
he shall be proceeded against in accordance
with Sec. 7, Rule 112 [Sec. 5, Rule 113]
Otherwise, the private person may be held
liable for illegal detention [Art. 125, RPC]

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RIGHTS OF A PERSON ARRESTED (UNDER R.A. 7438): The rights of a person

arrested, detained, or under custodial investigation are spelled out by RA 7438. These
rights are:
a) The right to be assisted by counsel at all times
b) The right to remain silent
c) The right to be informed of the above rights
d) The right to be visited by the immediate members of his family, by his
counsel, or by any non-governmental organization, national or
international

WHAT IS CUSTODIAL INVESTIGATION?

 As a rule, custodial investigation involves any questioning initiated by law
enforcement authorities after a person is taken into custody or otherwise
deprived of his freedom of action in any significant manner. The rule on
custodial investigation begins to operate as soon as the investigation ceases to
be a general inquiry into an unsolved crime and the interrogation is then aimed
on a particular suspect who has been taken into custody and to whom the police
would then direct interrogatory questions that tend to elicit incriminating
statements.
 In the absence of a lawyer, no custodial investigation shall be conducted and
the suspected person can only be detained by the investigating officer in
accordance with the provisions of Article 125 of the Revised Penal Code.
 Any EXTRAJUDICIAL CONFESSION made shall be reduced into WRITING
and SIGNED by the person, detained or under custodial investigation in the
presence of his counsel, or in the latter’s absence, upon a valid waiver, and
in the presence of any of the parents, older brother and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him. Failure to observe these
requirements will render the extrajudicial confession inadmissible as an
evidence in any proceeding.

WHEN TO OBJECT THE ILLEGAL ARREST

 Any objection involving a warrant of arrest or the procedure by which the court
acquired jurisdiction over the person of the accused must be made before he
enters his plea, otherwise the objection is deemed waived.
 However, if a person fails to make a timely objection to an illegal arrest, only
the right to assail the arrest is waived. He does not waive the right to question
the admissibility of the evidence seized by virtue of illegal arrest.

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SEARCH AND SEIZURE

WHAT IS SEARCH WARRANT?
 A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and bring it before the court.

NATURE
 It is an order in writing; issued in the name of the People of the Philippines;
signed by a judge; and directed to a peace officer, commanding him to search
for personal property described in the warrant and bring it before the court
[Sec. 1, Rule 126]
 A search warrant is not a criminal action nor does it represent a commencement
of a criminal prosecution even if it is entitled like a criminal action. It is not a
proceeding against a person but is solely for the discovery and to get possession
of personal property.

CONSTITUTIONAL GUARANTEE OF SEARCH AND SEIZURE

 No search warrant or warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after the examination under
oath/affirmation of the complaint and the witness he may produce, and
particularly describing the place to be searched, and the things/persons to be
seized [Sec. 2, Art. III, Constitution]
 Under the exclusionary rule, any evidence obtained in violation of this is
inadmissible for any purpose in any proceeding [Sec. 3, 2 nd par., Art. III,
Constitution]
 As a rule, the Constitution mandates that a search and seizure must be carried
out through or on the strength of a judicial warrant predicated upon the
existence of probable cause. [Comerciante v. people, G.R. No. 205926 (2015)]

WHAT IS FRUIT OF POISONOUS TREE DOCTRINE?

 If the evidence is obtained through an unlawful search, the seized item is
inadmissible in evidence against the accused.
 A search warrant illegally obtained or secured may be QUASHED through
proper motion, as in motion to quash the search warrant. Also, when evidence
is illegally obtained, a motion to suppress the evidence is in order.

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WHERE TO APPLY FOR SEARCH WARRANT?

 An application for search warrant shall be filed with the following:
a) Any court within whose territorial jurisdiction a crime was
committed.
b) For compelling reasons stated in the application, any court within
the judicial region where the crime was committed if the place of the
commission of the crime is known.
c) any court within the judicial region where the warrant shall be
enforced.
 However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending.

 EXCEPTION: Under A.M. No. 03-8-02-SC, Executive Judges and, whenever

they are on official leave of absence or are not physically present in the station,
the Vice-Executive Judges of Manila and Quezon City RTCs shall have
authority to act on applications for search warrants involving:
1. Heinous crimes
2. Illegal gambling
3. Illegal possession of firearms and ammunitions
4. Violations of the Comprehensive Dangerous Drugs Act of 2000
5. Violations of the Intellectual Property Code
6. Violations of the Anti-Money Laundering Act of 2001
7. Violations of the Tariff and Customs Code, and
8. Other relevant laws that may hereafter be enacted by Congress and
included herein by the Supreme Court.

EX PARTE APPLICATION FOR SEARCH WARRANT

 An application for a search warrant is heard ex parte. It is neither a trial nor a
part of the trial. Action on these applications must be expedited for time is of
the essence.

ISSUANCE AND FORM OF SEARCH WARRANT

• If the judge is satisfied of the existence of facts upon 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 the Rules [Sec. 6,
Rule 126]. Thus, the search warrant must be in writing and contain
a) Name of person against whom it is directed
b) Offense for which it was issued
c) The place to be searched, and
d) The description of the specific things to be seized
e) A directive to law enforcement officers to search and seize and for them
to bring in court the things seized
f) Signature of the judge issuing it
• The absence of such requisites will cause the search warrant’s downright
nullification [Santos v. Pryce Gases, Inc., G.R. No. 165122 (2007)]

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PERSONAL PROPERTY TO BE SEIZED

▪ A search warrant may be issued for the search and seizure of personal property:
a) Subject of the offense;
b) Stolen or embezzled and other proceeds, or fruits of the offense; or
c) Used or intended to be used as the means of committing an offense.

NOTE: The scope of the search warrant is limited to personal

property. It does not issue for seizure of immovable properties [see
Sec. 3, Rule 126]

RULE ON ISSUING A SEARCH WARRANT

▪ A search warrant shall not issue except upon probable cause in connection with
one specific offense to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
things to be seized which may be anywhere in the Philippines.
▪ The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant
and the witnesses he may produce on facts personally known to them and
attach to the record their sworn statements, together with the affidavits
submitted.
▪ If the judge is satisfied of the existence of facts upon 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.

REQUISTES FOR ISSUING SEARCH WARRANT

1. It must be issued upon probable cause
2. The probable cause must be determined by the judge himself and not by the
applicant or any other person;
3. In the determination of probable cause, the judge must examine, under oath
or affirmation, the complainant and such witnesses he may produce
4. The warrant must particularly describe the place to be searched and persons
or things to be seized.

PROBABLE CAUSE
 Probable cause means the existence of such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense
has been committed, and that objects sought in connection with the offense are
in the place sought to be searched.
 This probable cause must be shown to be within the personal knowledge of the
complainant or the witnesses he may produce and not based on mere hearsay.
The probable cause must refer only to one specific offense [Roan v. Gonzales,
G.R. No. 71410 (1986)]

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SEARCHING QUESTIONS:
 Searching questions are such questions which have the tendency to show the
commission of a crime and the perpetrator thereof.
 In search cases, the application must be supported by substantial evidence
a) That the items sought are in fact seizable by virtue of being connected
with criminal activity; and
b) That the items will be found in the place to be searched
 A search warrant issued by a judge who did not ask searching questions but
only leading ones and in a general manner is invalid [Uy v. BIR, G.R. No. 129651
(2000)]
 Although there is no hard-and-fast rule governing how a judge should conduct
his investigation, it is axiomatic that the examination must be probing and
exhaustive, not merely routinary, general, peripheral, perfunctory or pro
forma. The judge must not simply rehash the contents of the affidavit but must
make his own inquiry on the intent and justification of the application [Yao v.
People, G.R. No. 168306 (2007)]

EXAMINATION UNDER OATH

 The judge must examine under oath or affirmation the complainant and the
witness he may produce [Sec. 2, Art. III, Constitution]
 Oath includes any form of attestation by which a party signifies that he is
bound in conscience to perform an act faithfully and truthfully. [Alvarez v. CFI,
G.R. No. 45358 (1937)]
 Mere affidavits of the complainant or his witnesses are not sufficient. The
examining judge has to take depositions in writing of the complaint or his
witnesses, and attach the same to the record [Prudente v. Judge Dayrit, G.R. No.
82870 (1989)]
 The Rules require the judge to comply with a specific procedure in the conduct
of the examination of the complainant and the witnesses he may produce
a. The examination must be personally conducted by the judge;
b. The examination must be in the form of searching questions and
answers;
c. The complainant and the witnesses shall be examined on those
facts personally known to them;
d. The statements must be in writing and under oath; and
e. The sworn statements of the complainant and the witnesses,
together with the affidavits submitted, shall be attached to the
record. [Sec. 5, Rule 126]

RULE ON PARTICULARITY
 General rule: Things to be seized must be described particularly. General
search warrants are not allowed. A general warrant is defined as "a search or
arrest warrant that is not particular as to the person to be arrested or the
property to be seized." It is one that allows the "seizure of one thing under a
warrant describing another" and gives the officer executing the warrant the
discretion over which items to take [Worldwide Web Corporation v. People,
G.R. No. 161106 (2014)]
 Warrant issued must particularly describe the place to be searched and the
things to be seized [Sec. 2, Art. III, Constitution]. Description of the place to be
searched is sufficient if the officer with the search warrant can, with reasonable
efforts, ascertain and identify the place intended.

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 The search warrant does not require the name of the person who occupies the
described premises. The search warrant is issued for the search of specifically
described premises only and not for the search of a person.

EXCEPTION TO THE RULE ON PARTICULARITY

 Where, by the nature of the goods to be seized, their description must be rather
general, it is not required that a technical description be given, for this would
mean that no search warrant could issue [People v. Rubio, G.R. No. L-35500
(1932)]
 The use of generic term or a general description in warrant is allowed only
when a more specific description of the things to be seized is not available. (e.g.
ledgers, journals, records)

IS OWNERSHIP REQUIRED?
 The rule does not require that the property to be seized should be owned by
the person against whom the search warrant is directed. It is sufficient that the
person against whom the warrant is directed has control of possession of the
property sought to be seized [Burgos v. Chief of Staff, G.R. No. L-64261 (1984)

MANNER OF MAKING THE SEARCH

 The search shall be made in the presence of the
1. Lawful occupant of the house, room or any other premises, OR
2. Any member of the lawful occupant’s family
3. In the absence of the lawful occupant and/or his family, the search shall
be made in the presence of two (2) witnesses of sufficient age and
discretion residing in the same locality.

RULE IF THE OFFICER IS REFUSED ADMTTANCE

 The officer, if refused admittance to the place of directed search after giving
notice of his purpose and authority, may break open any outer or inner door
or window of a house or any part of a house or anything therein to execute the
warrant or liberate himself or any person lawfully aiding him when unlawfully
detained therein.

TIME OF MAKING SEARCH

 The warrant must direct that it be served in the day time, unless the affidavit
asserts that the property is on the person or in the place ordered to be searched,
in which case a direction may be inserted that it be served at any time of the
day or night

VALIDITY OF THE SEARCH WARRANT

 A search warrant shall be valid for ten (10) days from its date. Thereafter it shall
be void.

DUTY OF THE SEARCH OFFICER AFTER THE SEARCH

• An officer making a search has certain duties:
A. He must forthwith deliver the property seized to the judge who
issued the warrant
B. He must, together with the delivery of the property, also deliver a true
inventory of the property seized. Such inventory must be duly
verified under oath.
C. A violation of the above-cited duties constitute a contempt of court.

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DUTY OF THE JUDGE

• The judge issuing the search warrant has the following duties:
1. The judge shall ascertain if the return has been made. He shall do so
ten (10) days after issuance of the search warrant.
2. If no return has been made, the judge shall summon the person to
whom the warrant was issued and require him to explain why no
return was made.
3. If return has been made, the judge shall ascertain that giving of a
receipt for the property seized was complied with and shall require
that the property seized to be delivered to him.
• If the judge does not require the officers executing the warrant to make an
accurate and complete inventory of the things seized and submit to the him,
then the judge is guilty of gross ignorance of the law.

EXCEPTIONS TO THE SEARCH WARRANT

a) Search Incidental to Lawful Arrest
b) Consented Search
c) Search of a Moving Vehicle
d) Checkpoints; Body Checks in Airport
e) Plain View
f) Stop and Frisk
g) Enforcement of Customs Law
h) Other Exceptions
1. Exigent and Emergency Circumstances
2. Buy-Bust Operation
3. Private Searches

A. SEARCH INDICIDENTAL TO LAWFUL ARREST

• Even without a warrant, the person arrested may be searched for:
a. Dangerous weapons
b. Anything which may have been used in the commission of an offense,
or
c. Anything which may constitute proof in the commission of the offense
[Sec. 13, Rule 126]
• NOTE:
o The arrest must precede the search; generally, the process cannot be
reversed. Nevertheless, a search substantially contemporaneous with an
arrest can precede the arrest if the police have probable cause to make
the arrest at the outset of the search.
o The rule assumes that the arrest is legal. If the arrest is illegal, then the
search is illegal and as a result, the things seized are inadmissible as
evidence.
o Where a search is first undertaken, and an arrest was effected based on
evidence produced by such search, both search and arrest are illegal.

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B. CONSENTED SEARCH
o Jurisprudence requires that in case of consented searches or waiver of the
constitutional guarantee against obtrusive searches, it must first appear that:
1. The right exists;
2. The person involved had knowledge, either actual or constructive, of the
existence of such right; and
3. The said person had an actual intention to relinquish the right.
o Consent to a search is not to be lightly inferred, but must be shown by clear and
convincing evidence. It is the State which has the burden of proving, by clear
and positive testimony, that the necessary consent was obtained and that it was
freely and voluntarily given [Valdez v. People, G.R. No. 170180 (2007)]

C. SEARCH OF A MOVING VEHICLE

 Often called as CARROLL DOCTRINE -= Highly regulated by the
government, the vehicle's inherent mobility reduces expectation of privacy
especially when its transit in public thoroughfares furnishes a highly
reasonable suspicion amounting to probable cause that the occupant
committed a criminal activity;
 When a vehicle is stopped and subjected to an extensive search, such a
warrantless search should be constitutionally permissible only if the officers
conducting the search have reasonable or probable cause to believe, before the
search, that either:
1. the motorist is a law-offender; or
2. they will find the instrumentality or evidence pertaining to a crime in
the vehicle to be searched
 Peace officers may lawfully conduct searches of moving vehicles without need
of a warrant as it is impracticable to secure a judicial warrant before searching
a vehicle since it can be quickly moved out of the locality or jurisdiction in
which the warrant may be sought [People v. Tuazon, G.R. No. 175783 (2007)]
 However, these searches would be limited to visual inspection and the vehicles
or their occupants cannot be subjected to physical or body searches, except
where there is probable cause to believe that the occupant is a law offender or
the contents of the vehicles are instruments or proceeds of some criminal
offense. to privacy

D. CHECKPOINTS / BODY CHECKS IN AIRPORT

 Searches conducted in checkpoints are valid as long as they are warranted by
the exigencies of public order and conducted in a way least intrusive to
motorists. Although the general rule is that motorists and their vehicles as well
as pedestrians passing through checkpoints may only be subjected to a routine
inspection, vehicles may be stopped and extensively searched when there is
probable cause which justifies a reasonable belief of the men at the
checkpoints that either the motorist is a law offender or the contents of the
vehicle are or have been instruments of some offense.
 Routine inspections are NOT regarded as violative of an individual’s right
against unreasonable search
1. Where the officer merely draws aside the curtain of a vacant vehicle
which is parked on the public fair grounds
2. Officer simply looks into a vehicle
3. Officer flashes a light therein without opening car’s doors
4. Occupants not subjected to a physical search

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5. Inspection is limited to visual search or visual inspection, or

6. Routine check is conducted in a fixed area

E. PLAINVIEW DOCTRINE
▪ REQUISITES:
(a) the law enforcement officer in search of the evidence has a prior
justification for an intrusion or is in a position from which he can view a
particular area;
(b) The discovery of evidence in plain view is inadvertent:
(c) It is immediately apparent to the officer that the item he observes may
be evidence of a crime, contraband or otherwise subject to seizure.
(d) Plain view justified mere seizure of evidence without further search

RATIONALE: The doctrine is a recognition of the act that when the

police come across immediately recognizable incriminating evidence
not named in the warrant, they should not be required to close their eyes
to it, regardless of whether it is evidence of the crime they are
investigating or evidence of some other crime. The doctrine is also a
recognition of the fact that it would be needless inconvenience to require
the police to obtain another warrant [US v. Gray, 484 F.2d 352 (6th Cir.,
1978)]

Limitations:
1. It may not be used to launch unbridled searches and indiscriminate
seizures
2. It does not extend to a general exploratory search made solely to find
evidence of defendant’s guilt.

F. STOP AND FRISK

▪ "Stop and frisk" searches (sometimes referred to as Terry searches) are
necessary for law enforcement. That is, law enforcers should be given the legal
arsenal to prevent the commission of offenses. However, this should be
balanced with the need to protect the privacy of citizens in accordance with
Article III, Section 2 of the Constitution.
▪ The balance lies in the concept of "suspiciousness" present in the situation
where the police officer finds himself or herself in. This may be undoubtedly
based on the experience of the police officer. Experienced police officers have
personal experience dealing with criminals and criminal behavior. Hence, they
should have the ability to discern — based on facts that they themselves
observe — whether an individual is acting in a suspicious manner. Clearly, a
basic criterion would be that the police officer, with his or her personal
knowledge, must observe the facts leading to the suspicion of an illicit act
▪ Stop and frisk is a limited protective search of outer clothing for weapons.
▪ Where a police officer observes unusual conduct, which leads him reasonably
to conclude in the light of his experience that criminal activity may be afoot,
and that a person with whom he is dealing may be armed and presently
dangerous, he is entitled to conduct a stop and frisk search.
▪ Stop and Frisk v. Search Incidental to Lawful Arrest The latter happens when
one is caught in flagrante delicto, the former is done in order to prevent a crime
from occurring.
▪ Dual purpose of stop-and-frisk
1. The general interest of effective crime prevention and detection, and

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2. The more pressing interest of safety and self-preservation which permit the
police officer to take steps to assure himself that the person with whom he
deals is not armed with a deadly weapon that could unexpectedly and
fatally be used against the police officer. [Malacat v. CA, G.R. No. 123595
(1997)]

G. ENFORCEMENT OF CUSTOMS LAW

▪ For the enforcement of customs duties and tariff laws, the Collector of Customs
is authorized to effect searches and seizure. The Customs Modernization and
Tariff Act (CMTA) authorizes customs officers to:
1. Enter, pass through or search any land, enclosure, warehouse [Sec.
219, CMTA]
2. Inspect/search/examine any vessel or aircraft and any
trunk/package/box/envelope or any person on board, or stop and
examine any vehicle/beast/person suspected of holding/conveying
any dutiable/prohibited article introduced into the Philippines
contrary to law [Sec. 221, CMTA]

H. EXIGENT AND EMERGENCY CIRCUMSTANCES

▪ In one case, there was a prevailing general chaos and disorder because of an
ongoing coup, and the raid of the office/building was precipitated by an
intelligence report that said office was being used as HQ by the RAM. The
raiding team had no opportunity to apply for warrant as the court then was
closed [People v. de Gracia, G.R. Nos. 102009-10 (1994)]

RELEVANT JURISPRUDENCE:
▪ WorldWideWeb Corporation v. People, January 13, 2014
▪ People v. Almodiel
▪ People v. Calantiao, June 16, 2014
▪ People v. Collado
▪ Omar v. People, September 2, 2015
▪ Espano v. Court of Appeals
▪ People v. Lua
▪ People v. Tuazon
▪ Valmonte v. De villa
▪ Abenes v. Court of Appeals
▪ Zalameda v. People
▪ Esquillo v. People
▪ Comerciante v. People
▪ People v. Cogaed
▪ Florida v. Jardines

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REMEDY FOR ILLEGALLY OBTAINED PERSONAL PROPERTY

▪ A search warrant illegally obtained or secured may be QUASHED through

proper motion, as in motion to quash the search warrant. Also, when evidence
is illegally obtained, a motion to suppress the evidence is in order.

▪ WHO CAN QUESTION?

Only the party whose rights have been impaired thereby. The objection to an
unlawful search and seizure is purely personal and cannot be availed of by
third parties.

▪ WHERE TO FILE?
1. Motions 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.
2. If no criminal action has been instituted, motion may be filed in and
resolved by the court that issued the warrant.
3. If such court failed to resolve the motion, and a criminal case is
subsequently filed in another court, the motion shall be resolved by the
latter court.
▪ Where no MTQ the search warrant was filed in or resolved by the issuing court,
the interested party may move in the court where the criminal case is pending
for the suppression as evidence of the personal property seized under the
warrant if the same is offered therein for said purpose. [Malaloan v. CA, G.R.
No. 104879 (1994)]

▪ Motion to suppress evidence refers to a motion to suppress as evidence the

objects illegally taken pursuant to the exclusionary rule, which states that any
evidence obtained through unreasonable searches and seizures shall be
inadmissible for any purpose in any proceeding

CIVIL AND CRIMINAL LIABILITY FROM UNREASONABLE SEARCHES AND

SEIZURES
▪ The following offenses may result from unreasonable search and seizure
a. Violation of domicile [Art. 128, RPC]
b. Search warrant maliciously obtained [Art. 129, RPC]
c. Searching domicile without witnesses [Art. 130, RPC]
d. Unjust interlocutory order [Art. 206, RPC]

▪ The public officer or employee may be held liable for:

a. Entering without authority; against the will; refuses to leave
b. A search warrant procured without just cause or if with just cause,
exceeds his authority or uses unnecessary severity of force
c. Conducting the search without the required witnesses.

▪ The judge may be held liable for

a. Knowingly rendering an unjust interlocutory order [Art. 206, RPC]
b. Inexcusable negligence or ignorance [Art. 205, RPC]

▪ It may also result in civil liability for

a. Violation of rights and liberties [Art. 32(9), CC]

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b. Malicious prosecution and acts referred to Art. 32 [Art. 2218, CC]. Not
only official actions, but all persons who are responsible for the violation
are liable for damages [MHP Garments v. CA, G.R. No. 86720 (1994)]
c.
RETURN OF SEIZED THINGS
▪ General rule: Goods seized by virtue of an illegal warrant must be returned.
Exception: The illegality of the search warrant does not call for the return of the
things seized, the possession of which is prohibited by law [Castro v. Pabalan,
G.R. No. L-28642 (1976)]

CYBERCRIME WARRANTS
SCOPE AND APPLICABILITY
▪ Scope and Applicability. The rule provides for the procedure in the
application and grants of warrants and related orders involving
preservation, disclosure, interception, search, seizure, and/or examination
of computer data.

VENUE FOR FILING CRIMINAL ACTION

I. Violation of Section 4 (Cybercrime offenses) and/or Section 5 (Other
offenses) of RA 10175 (Cybercrime Prevention Act of 2012 hereinafter
“RA 10175”)

General Rule: The criminal action shall be filed before the designated
cybercrime court of the province or city:
1. Where the offense or any of its elements is committed, or
2. Where any part of the computer system used is situated, or
3. Where any of the damage caused to a natural or juridical person
took place

Note: The court where the criminal action was first filed shall acquire
jurisdiction to the exclusion of other courts.

II. All other crimes committed using Information and Communication

Technology (ICT): The criminal action shall be filed before the regular or
specialized courts as the case maybe. For Violation of Section 4 and Section
5 of RA 10175. Application shall be filed before the designated cybercrime
courts of the province or the city where:
1. Where the offense or any of its elements is committed, or
2. Where any part of the computer system used is situated, or
3. Where any of the damage caused to a natural or juridical person
took place

▪ Cybercrime courts in Quezon City, City of Manila, Makati City, Pasig City,
Cebu City, Iloilo City, Davao City, and Cagayan De Oro City have the special
authority to act on applications and issue warrants which shall be enforceable
nationwide and outside the Philippines.

III. Application for a warrant for violation of all crimes defined, and penalized
by RPC and other special laws if committed using Information
Communication Technology (ICT) shall be filed with the regular courts or
other specialized RTC in the places:
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1. Where the offense or any of its elements is committed, or

2. Where any part of the computer system used is situated, or
3. Where any of the damage caused to a natural or juridical person
took place

WHAT ARE THE CYBERCRIME WARRANTS UNDER THIS RULE?

1. Warrant to Disclose Computer Data (WDCD) [Sec. 4]
2. Warrant to Intercept Data (WICD) [Sec. 5]
3. Warrant to Search, Seize and Examine Computer Data (WSSECD) [Sec.
6]
4. Warrant to Examine Computer Data (WECD) [Sec 6.9]

EFFECTIVITY OF CYBERCRIME WARRANTS

▪ Not exceeding 10 days from its issuance
▪ Exception: The issuing court may, upon motion, extend its effectivity
based only on justifiable reasons for a period not exceeding 10 from
the expiration of the original period.

RULE ON CONTEMPT
▪ The responsible law enforcement authorities shall be subject to action
for contempt in case:
1. Failure to timely file the return for any of the issued warrants
under this Rule
2. Failure to duly turn-over to the court’s custody any of the
items disclosed intercepted, searched, seized, and/or
examined

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BAIL
WHAT IS BAIL?
▪ It is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified. (Rule 114, Section
1)

WHAT IS THE CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL?

▪ All persons charged, BEFORE the conviction for a criminal offense, shall be
entitled to bail. This is the general rule.
▪ The suspension of the privilege of the writ of habeas corpus does not impair the
right to bail.
▪ Excessive bail shall not be required.

WHAT IS THE PURPOSE OF BAIL?

1. To honor the presumption of innocence until his guilt is proven beyond
reasonable doubt;
2. To enable him to prepare his defense without being subject to punishment
prior to conviction.

HOW TO AVAIL BAIL?

▪ In order to be able to avail of bail, there must be either:
1. Custody over the person or
2. Voluntary surrender
NOTE: An accused, who is confined in a hospital, may be deemed
to be in the custody of the law if he clearly communicates his
submission to the court while confined in the hospital. (Defensor-
Santiago v. Vasquez)

WHO FURNISHES THE BAIL?

▪ The bail may be furnished by the bail applicant himself or by a bondsman.

CAN RIGHT TO BAIL BE WAIVED?

▪ Yes, the right to bail is personal in nature and is therefore, waivable.
(Paderanga v. CA, G.R. No. 115407, 1995)

CAN WITNESS BE ORDERED TO POST BAIL?

▪ Yes, it may likewise apply to material witness. The witness may be ordered to
post bail even if he is not under detention. It is only when he refuses to post
bail shall be he committed to prison. However, posting of bail is only required
when the court is satisfied, upon proof or oath, that a material witness will
NOT testify when required.

WHERE TO FILE THE BAIL?

▪ The application for bail shall be made with any court in the province, city or
municipality where the person arrested is held.

WHEN IS THE RELEASE OR TRANSFER OF THE PERSON IN CUSTODY

▪ As a rule, no person under detention by legal process shall be released or
transferred EXCEPT:
1. Upon order of the court, or
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2. When he is admitted to bail.

IS THERE A BAIL IN COURT-MARTIAL OFFENSES?

▪ No, the right to bail of an accused military personnel triable by courts-martial
does not exist, as an exception to the general rule that an accused is entitled to
bail (except in a capital offense where the evidence of guilt is strong).
▪ Rationale: The unique structure of the military justifies exempting military
men from the constitutional coverage on the right to bail.
▪ The right to bail is not available to military personnel or officer charged with a
violation of the Articles of War. (Aswat v. Galido, G.R. No. G.R. No. 88555, 1991)

IS THERE A BAIL IN DEPORTATION PROCEEDINGS?

▪ As a general rule, aliens in deportation proceedings have no inherent right to
bail. An order of deportation is not a punishment for a crime, the right to bail
guaranteed by the Constitution may not be invoked by an alien in said
proceedings.
▪ However, the Commissioner of Immigration has the power and discretion to
grant bail in deportation proceedings. The grant of bail is merely permissive
and not mandatory or obligatory on the part of the Commissioner. The exercise
of the power is wholly discretionary (Ong See Hang v. Commissioner of
Immigration, Np. L-9700, 1962).

IS THERE A BAIL IN EXTRADITION PROCEEDINGS?

▪ If bail can be granted in deportation cases, we see no justification why it should
not also be allowed in extradition cases. Considering that the Universal
Declaration of Human Rights applies to deportation cases, there is no reason
why it cannot be invoked in extradition cases. After all, both are administrative
proceedings where the innocence or guilt of the person detained is not in issue.
▪ The right of a prospective extraditee to apply for bail in this jurisdiction must
be viewed in the light of the various treaty obligations of the Philippines
concerning respect for the promotion and protection of human rights. Under
these treaties, the presumption lies in favor of human liberty. Thus, the
Philippines should see to it that the right to liberty of every individual is not
impaired (Government of Hong Kong v. Olalia, G.R. No. 153675, 2007).

IS HEARING FOR BAIL MANDATORY? Yes

▪ Although, in theory, the only function of bail is to ensure the appearance of the
accused at the time set for the arraignment and trial; and, in practice, bail serves
the further purpose of preventing the release of an accused who may be
dangerous to society or whom the judge may not want to release, a hearing
upon notice is mandatory before the grant of bail, whether bail is a matter of
right or discretion.
▪ Where the prosecution agrees with the accused’s application for bail or forgoes
the introduction of evidence, the court must nonetheless set the application for
hearing. It is mandatory for the judge to conduct a hearing and ask searching
and clarificatory questions for the purpose of determining the existence of
strong evidence against the accused; and the order, after such hearing, should
make a finding that the evidence against the accused is strong.

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WHAT ARE THE CONDITIONS IN THE GRANT OF BAIL?

1. Unless the court directs otherwise, the bail bond posted by an accused remains
in force at all stages of the case until promulgation of the judgment of the
Regional Trial Court.
2. The accused shall appear before the proper court whenever required by the
court or rules.
3. Failure of the accused to appear at the trial without justification despite due
notice shall be deemed a waiver of his right to be present thereat. The trial may
proceed in absentia.
4. The bondsman shall surrender the accused to court for execution of the final
judgment.

ASSUMING THAT A BAIL WAS GRANTED, WHAT IS THE EFFECT IF THE

ACCUSED FAILED TO APPEAR IN TRIAL?
▪ The failure of the accused to appear at the trial without justification despite due
notice shall be deemed a WAIVER of right to be present and trial may proceed
in absentia.

FORMS OF BAIL
1. CORPORATE SURETY
2. PROPERTY BOND
3. CASH DEPOSIT
4. RECOGNIZANCE

CORPORATE SURETY
▪ Any domestic or foreign corporation, licensed as a surety in accordance with
law and currently authorized to act as such, may provide bail by a bond
subscribed jointly by the accused and an officer of the corporation duly
authorized by its board of directors.

PROPERTY BOND
▪ A property bond is an undertaking constituted as lien on the real property
given as security for the amount of the bail. Within ten (10) days after the
approval of the bond, the accused shall cause the annotation of the lien on the
certificate of title on file with the Register of Deeds if the land is registered, or
if unregistered, in 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 municipal
assessor concerned. Within the same period, the accused shall submit to the
court his compliance and his failure to do so shall be sufficient cause for the
cancellation of the property bond and his re-arrest and detention.

CASH DEPOSIT
▪ The accused 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 bail fixed by the court, or recommended by the prosecutor who
investigated or filed the case. Upon submission of a proper certificate of deposit
and a written undertaking showing compliance with the requirements of
section 2 of this Rule, the accused shall be discharged from custody. The money
deposited shall be considered as bail and applied to the payment of fine and
costs while the excess, if any, shall be returned to the accused or to whoever
made

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RECOGNIZANCE
▪ This is an obligation of record entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the court for trial.
▪ Release on recognizance may be ordered by the court in the following cases:

a. When the offense charged is for violation of an ordinance, a light felony or a

criminal offense, the imposable penalty of which does not exceed six (6)
months imprisonment and/or fine of 2,000 fine.
b. A person in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged, without application of
the Indeterminate Sentence Law or any modifying circumstance, shall be
released on a reduced bail or on his own recognizance, at the discretion of
the court.

BAIL IS A MATTER OF RIGHT

a. Before or after conviction, but pending appeal, by the first-level courts;
b. Before conviction by RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment [Sec. 4, Rule 114]

BAIL IS A MATTER OF DISCRETION

▪ Upon conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is discretionary [Sec. 5, Rule
114]
▪ The application for bail may be filed in and acted upon by the RTC despite the
filing of notice of appeal, provided that it has not transmitted the original
record to the appellate court [Sec. 5, Rule 114]
▪ If the RTC decision changed the nature of the offense from non-bailable to
bailable, the application for bail can only be filed with and resolved only by the
appellate court [Sec. 5, Rule 114]
▪ If the conviction by the trial court is for a capital offense, the accused convicted
of a capital offense is no longer entitled to bail, and can only be released when
the conviction is reversed by the appellate court [Sec. 13, Article III,
Constitution]
▪ If the penalty imposed by the trial court is imprisonment exceeding 6 years, the
accused shall be denied bail or his bail shall be cancelled upon showing by the
prosecution, with notice to the accused, of any of the following [Sec. 5, Rule
114]:
a. Recidivism, quasi-recidivism, or habitual delinquency or commission of
a crime aggravated by reiteration of the accused
b. The accused previously escaped from legal confinement, evaded
sentence or violated bail conditions without valid justification
c. Commission of offense while under probation, parole or conditional
pardon
d. Probability of flight;
e. Undue risk of the commission of another crime during the pendency of
the appeal [Sec. 5, Rule 114]

BAIL ON OFFENSES WHERE MINORS ARE ACCUSED

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▪ For purposes of recommending the amount of bail, the privileged mitigating

circumstance of minority shall be considered [Sec. 34, R.A 9344]

WHAT IS THE RULE WHEN A CHILD IS DETAINED?

▪ Where a child is detained, the court shall order
a. the release of the minor on recognizance to his/her parents and other
suitable person;
b. the release of the child in conflict with the law on bail; or
c. the transfer of the minor to a youth detention home/youth rehabilitation
center

WHAT IS CAPITAL OFFENSE? WHAT IS THE RULE ON CAPITAL OFFENSES?

▪ A capital offense is an offense which under the law existing at the time of
commission and of
the application for admission to bail is punishable by death [Sec. 6, Rule 114].
The capital nature of the offense is determined by the penalty prescribed by
law and not the one actually imposed.
▪ When the offense involved is a capital offense, admission to bail may only be
denied when evidence of guilt is strong [Sec. 5, Rule 114]
▪ Exception: When the accused is a minor, he is entitled to bail regardless of
whether the evidence of guilt is strong

WHEN BAIL IS NOT REQUIRED

a. When the law or the Rules of Court so provides.
b. When a person has been in custody for a period equal to or more than
the possible maximum imprisonment of the offense charged
c. If the maximum penalty is destierro, he shall be released after 30 days of
preventive imprisonment [Sec. 16, Rule 114].
d. In cases where a person is charged with violation of a municipal/city
ordinance, a light felony and/or criminal offense, the penalty of which
is not higher than 6 months imprisonment and/or a fine of P2,000, or
both, where it is established that he is unable to post the required cash
or bail bond [Sec. 1, R.A. 6036].

NOTE: The title of R.A. 6036 reads “arresto mayor” instead of “6

months”.

WHEN IS BAIL NOT AVAILABLE

▪ Right to bail is not available:
a. After a judgment of conviction has become final; if he applied for
probation before finality, he may be allowed temporary liberty under
his bail;
b. After the accused has commenced to serve his sentence [Sec. 24, Rule
114]
c. To military personnel accused under general courts martial
[Comendador v. de Villa, G.R. No. 93177 (1991)]

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COURT BEFORE CONVICTION AFTER WHERE TO FILE PENDING

CONVICTION ACTION

MTC Right Right MTC (before the records are

elevated to RTC)

NON- Discretionary if the

CAPITAL penalty imposed by
the trial court does
not exceed 6 years. RTC (before the
Right However, if the records are elevated;
penalty imposed except if offense is
exceeds 6 years or if downgraded, then CA)
the prosecution
RTC proves the
circumstances
enumerated in Sec. 5,
Rule 114 exist, bail
will be denied or
cancelled.

CAPITAL Discretionary, when Cannot be granted N/A

evidence of guilt is not bail
strong

GUIDELINES IN FIXING BAIL:

▪ The considerations are primarily, but not limited, to the following factors:
a. Financial ability of the accused
b. Nature and circumstances of the offense
c. Penalty for the offense charged
d. Character and reputation of the accused
e. Age and health of the accused
f. Weight of the evidence against the accused
g. Probability of the accused appearing at the trial
h. Forfeiture of other bail
i. Fact that accused was a fugitive from justice when arrested
j. Pendency of other cases where the accused is on bail [Sec. 9, Rule 114]

NOTE: The amount should be high enough to assure the presence of the
accused when required but no higher than is reasonably calculated to
fulfill this purpose. [Yap Jr. v. CA, G.R. No. 141529 (2001)]

DURATION OF BAIL
▪ The undertaking shall be effective upon approval, and unless cancelled, shall
remain in force at all stages of the case until promulgation of the judgment of
the Regional Trial Court, irrespective of whether the case was originally filed
in or appealed to it;

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INCREASE OR REDUCTION OF BAIL

▪ After the accused is admitted to bail, the court may, upon good cause, increase
or decrease the amount [Sec. 20, Rule 114]
▪ As to increased bail, the accused may be committed to custody if he does not
give bail in the increased amount within a reasonable period [Sec. 20, Rule 114]
▪ As to reduced bail, a person in custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense charged may be
released on a reduced bond [Sec. 16, Rule 114]

FORFEITURE OF BAIL
▪ When the presence of the accused out on bail is required by court or Rules of
Court and he failed to appear, his bail shall be declared forfeited and the
bondsmen are given 30 days within which to:
a. Produce their principal
b. Show cause why no judgment should be rendered against them for the
amount of their bail
c. Produce the body of their principal or give the reason for his non-
production; and
d. Explain why the accused did not appear before the court when first
required to do so [Sec. 21, Rule 114].

BENCH WARRANT
▪ Aside from forfeiture, when the accused fails to appear in court despite notice,
the court may issue a bench warrant for his arrest.
▪ A bench warrant is defined as a writ issued directly by a judge to a law-
enforcement officer, especially for the arrest of a person who has been held in
contempt, has disobeyed a subpoena, or has to appear for a hearing or trial. The
provision on bench warrant is expressed under Section 9, Rule 71 of the Rules
of Court which states that “[w]hen a respondent released on bail fails to appear
on the day fixed for the hearing, the court may issue another order of arrest or
may order the bond for his appearance to be forfeited and confiscated, or both.”

CANCELLATION OF BAIL
▪ Application by bondsmen. Upon application of the bondsmen with due notice
to the prosecutor, bail may be cancelled upon:
a. Surrender of the accused; or
b. Proof of his death [Sec. 22(1), Rule 114].

In order to cancel a bail on the ground of surrender, the surrender must

be voluntary. [Esteban v. Alhambra, G.R. No. 135012 (2004)]

AUTOMATIC CANCELLATION
a. Upon acquittal of the accused
b. Upon dismissal of the case, or
c. Upon execution of judgment of conviction [Sec. 22, Rule 114]

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RIGHTS OF AN ACCUSED
▪ SECTION 1, RULE 115 enumerates the rights of the accused “at the trial” and
provides that “in all crimination prosecutions, the accused shall be entitled to
the following rights”

1. To be presumed innocent until the contrary is proved

beyond reasonable doubt.
2. To be informed of the nature and cause of the accusation
against him.
3. To be present and defend in person and by counsel at every
stage of the proceedings, from arraignment to promulgation
of the judgment. The accused may, however, waive his
presence at the trial pursuant to the stipulations set forth in
his bail, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the
accused without justifiable cause at the trial of which he had
notice shall be considered a waiver of his right to be present
thereat. When an accused under custody escapes, he shall be
deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself
in person when it sufficiently appears to the court that he
can properly protect his right without the assistance of
counsel.
4. To testify as a witness in his own behalf but subject to cross-
examination on matters covered by direct examination. His
silence shall not in any manner prejudice him.
5. To be exempt from being compelled to be a witness against
himself.
6. To confront and cross-examine the witnesses against him at
the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or cannot
with due diligence be found in the Philippines, unavailable
or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same
parties and subject matter, the adverse party having the
opportunity to cross-examine him.
7. To have compulsory process issued to secure the attendance
of witnesses and production of other evidence in his behalf.
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner prescribed
by law.

CUSTODIAL INVESTIGATION
▪ Investigation conducted by law enforcement officers after a person has been
arrested or deprived of his freedom of action. It includes invitation to a person
who is being investigated in connection with an offense.

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CAN AN ARRESTING OFFICER USE UNNECESSARY FORCE OR VIOLENCE

WHILE CONDUCTING A CUSTODIAL INVESTIGATION?
▪ NO. Article III, Section 12 of the Constitution further provides that no torture,
violence threat, intimidation, or any other means which vitiate the freewill shall
be used against a person under investigation for the commission of an offense.

WHAT ARE THE RIGHTS OF AN ARRESTED PERSON DURING CUSTODIAL

INVESTIGATION?
1. The arresting officer, or the investigator, as the case may be, shall ensure that a
person arrested, detained or under custodial investigation shall, at all times, be
assisted by counsel, preferably of his own choice
2. The arresting officer, or the investigator, as the case may be, must inform the
person arrested, detained or under custodial investigation of the following
rights under RA 7438 and RA 9745 in a language or dialect known to and
understood by him/her (MIRANDA RIGHTS)

MIRANDA RIGHTS
1. Right to remain silent
2. Right to counsel of his or her own choice.
3. He/she has the right to demand physical examination by an independent and
competent doctor of his/her own choice, before and after
interview/questioning.
4. The State shall endeavour to provide him/her with psychological evaluation
if available under the circumstance.
5. He/she, including his/her immediate family, have the right to immediate
access to proper and adequate medical treatment;
6. Right to be informed of such rights

WHEN DOES THE RIGHT UNDER CUSTODIAL INVESTIGATION STARTS

TO ATTACH?
▪ It is only when the police investigation is no longer a general inquiry into an
unsolved crime but has begun to focus on the particular suspect who had
been taken into custody. It begins when accusatory questions are initiated
when a person is taken into custody and deprived of his freedom of action.

IS THE RIGHT TO COUNSEL ABSOLUTE?

▪ YES. This right is absolute and applies even if the accused himself is a lawyer.
The right is more particularly the right to independent and competent An
independent counsel is one not hampered with any conflicts of interest, and a
competent counsel is one who is vigilant in protecting the rights.

WHAT IS THE SCOPE OF RIGHT TO REMAIN SILENT?

▪ This refers not only to verbal confessions but also to acts. However, mechanical
acts that does not require the use of intelligence (such as providing DNA
samples) or to answers to general questions are not protected under this right.

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IF AN INVESTIGATING OFFICER VIOLATED ANY OF THE RIGHTS OF THE

ACCUSED DURING CUSTODIAL INVESTIGATION, WHAT WILL HAPPEN TO
THE CONFESSIONS AND INFORMATION GATHERED DURING THE
INVESTIGATION?
▪ Any confession or admission obtained from the person arrested in violation of
these rights are inadmissible in evidence and cannot be used against said
person. This is called the Exclusionary Rule, i.e. it is excluded from the
evidence to be considered by the court during trial. Such confession or
admission is tainted and must be suppressed under the “Fruit of the Poisonous
Tree” Doctrine.

WHAT ARE THE INSTANCES WHERE THE RIGHTS OF AN ARRESTED

PERSON DURING CUSTODIAL INVESTIGATION DO NOT GENERALLY
ATTACH? WHAT IS THE EFFECT OR CONSEQUENCE OF THESE INSTANCES?
1. POLICE LINE-UP, or during process of identification.
▪ “When petitioner was identified by the complainant at the police line-up,
he had not been held yet to answer for a criminal offense. The police line-
up is not part of the custodial inquest, hence, he was not yet entitled to
counsel. Thus, it was held that when the process had not yet shifted from
the investigatory to the accusatory as when police investigation does not
elicit a confession the accused may not yet avail of the services of his
lawyer. Since petitioner in the course of his identification in the police line-
up had not yet been held to answer for a criminal offense, he was, therefore,
not deprived of his right to be assisted by counsel because the accusatory
process has not yet set in.”

2. PARAFFIN TEST
▪ In People v. Gamboa (G.R. No. 91374), the Supreme Court held that
subjection to paraffin test does not require that the right to have competent
and independent counsel be afforded as this is necessary only in
testimonial compulsions, not when it is the body of the accused which is
proposed to be examined

3. SPONTANEOUS STATEMENTS not elicited through questioning but given

in an ordinary manner (spur-of-the-moment statements) – they are considered
as part of res gestae
4. VOLUNTEERED STATEMENTS
5. EXTRAJUDICIAL ADMISSION to the prosecutor or a private person (media
personnel or TV interview)
6. INVESTIGATION MADE BY A CITIZEN OR PRIVATE SECURITY
OFFICER.

WHAT IS EXTRAJUDICIAL CONFESSION? WHAT IS THE RESPONSIBILITY

OF ARRESTING OFFICER IF THE SUSPECT MADE AN EXTRAJUDICIAL
CONFESSION?
▪ The arresting officer, or the investigator, as the case may be, must ensure that
any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be:
a. In writing;
b. Signed by such person in the presence of his/her counsel; or
c. In the latter’s absence, upon a valid waiver, and in the presence of any
of the parents, elder brothers and sisters, his/her spouse, the municipal

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mayor, the municipal judge, district school supervisor, priest, imam or

religious minister chosen by him/her.

CAN THE PERSON ARRESTED/DETAINED BE VISITED?

▪ YES. The arresting officer, or the investigator, as the case may be, must, under
established regulations, allow the person arrested, detained, or under custodial
investigation visits by or conferences with
1. any member of his/her immediate family,
2. any medical doctor,
3. priest, imam or religious minister chosen by him/her or by any member
of his/her immediate family or
4. by his/her counsel, or
5. by any local NGO duly accredited by the Commission on Human Rights
(CHR) or
6. by any international NGO duly accredited by the Office of the President.
His/her “immediate family” shall include his/her spouse, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, guardian or ward, and fiancé or fiancée Based on the
list, can a close friend or bestfriend visit him?

Can a JUDGE or FISCAL conduct a custodial investigation?

▪ Custodial investigation does not include quasi-judicial or judicial
investigations conducted by the fiscal or the judge. Thus, in People v. Ayson
(G.R. No. 85215), Justice Andres Narvasa discussed that the rights of a person
under custodial interrogation do not apply or extend to persons under
preliminary investigation, or those already charged in court for a crime.

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ARRAIGNMENT AND PLEA

WHAT IS ARRAIGNMENT?
▪ It is the formal mode and manner of implementing the constitutional right of
an accused to be informed of the nature and cause of the accusation against
him. (Taglay v. Daray, G.R. No. 1642258, 2012)

WHAT IS THE PURPOSE OF ARRAIGNMENT

▪ Procedural due process requires that the accused be arraigned so that he may
be informed of the
1. Reason for his indictment,
2. The specific charges he is bound to face, and
3. The corresponding penalty that could be possibly meted against him.

IS THE ACCUSED REQUIRED TO APPEAR DURING ARRAIGNMENT?

▪ Yes. Accused must personally appear during arraignment and enter his plea

CAN THE COUNSEL/LAWYER ENTER PLEA IN BEHALF OF THE ACCUSED?

▪ No. Counsel cannot enter plea for accused

WHEN SHOULD ARRAIGNMENT BE CONDUCTED?

▪ IF THE ACCUSED IS DETAINED – it shall be set within 10 days from the
court’s receipt of the case;
▪ IF THE ACCUSED IS NOT DETAINED – it shall be set within 30 days from
the date the court acquires jurisdiction over the accused (A.M. No. 15-06-10-
SC, Sec. II (8) (a)).

CAN ARRAIGNMENT BE CONDUCTED ON A SHORTER PERIOD?

1. When an accused is under preventive detention, his case should be raffled within
3 days from filing and accused shall be arraigned within 10 days from receipt
by the judge of the records of the case. (R.A. 8493 Speedy Trial Act)
2. Where the complainant is about to depart from the Philippines with no definite
date of return, the accused should be arraigned without delay. (R.A. 4908)
3. Cases under the Dangerous Drugs Act;

HOW IS AN ARRAIGNMENT MADE?

1. In open court where the complaint or information has been filed or assigned
for trial (WHERE)
2. By the judge or clerk of court (BY WHOM)
3. By furnishing the accused with a copy of the complaint or information (HOW)
4. Reading it in a language or dialect known to the accused (HOW)
5. Asking accused whether he pleads guilty or not guilty (Rule 116, Sec. 1).

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Pleads GUILTY Pleads NOT GUILTY

A PLEA OF GUILTY is an UNQUALIFIED i. When accused so pleaded
ADMISSION of the crime and of the ii. When he refuses to plead
attending circumstances (aggravating and/or iii. When he makes a conditional or
qualifying) alleged in the complaint. Such qualified plea of guilt (Ex.
plea removes the necessity of presenting Accused pleads guilty but adds
further evidence and for all intents and “pero hindi ko sinasadya”)
purposes the case is deemed tried on its iv. When the plea is indefinite or
merits and submitted for decision. ambiguous
v. When he pleads guilty but
▪ PLEA BARGAINING. - If the accused presents exculpatory evidence
desires to enter a plea of guilty to a (Ex. Evidence to prove complete
lesser offense, plea bargaining should self-defense) (Rule 116, Sec. 1)
immediately proceed, provided that
the private offended party in private **Here, the court shall immediately
crimes or the arresting officer in proceed with the arraignment of the
victimless crimes, is present to give his accused and, thereafter, indicate the
conformity to the plea bargaining. pre-trial and trial dates in the Order.
Thereafter, judgment shall
immediately be rendered in the same
proceedings.

▪ PLEA OF GUILTY TO THE CRIME

CHARGED IN THE INFORMATION.
– If the accused pleads guilty to the
crime charged in the Information,
judgment shall immediately be
rendered, except in those cases
involving capital offenses.

▪ PLEA OF GUILTY TO A CAPITAL

OFFENSE- If the case involves a capital
offense, the reception of evidence to
prove the guilt and degree of
culpability of the accused is
mandatory.

OTHER INSTANCES WHERE THE ACCUSED PLEADS GUILTY AND EFFECTS:

▪ EFFECT OF PLEA BARGAINING ON CIVIL LIABILITY OF THE
ACCUSED: The civil liability is not covered by the plea bargain. To hold
otherwise would lead to the possibility that offended parties will hesitate to
give their consent to a plea of guilty to a lesser offense by the accused for fear
that it would foreclose their chance to recover the appropriate civil liability.
(Heirs of Mario Gevero v. Guihing Agricultural Dev’t Corporation, G.R. No. 122619,
2006)

▪ PLEA TO LESSER OFFENSE DURING ARRAIGNMENT: DURING

arraignment, the accused may enter a plea of guilty to a lesser offense
PROVIDED there is consent of the offended party AND of the prosecutor
to the plea of guilty to a lesser offense that is necessarily included in the
offense charged (Rule 116, Sec. 2).

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▪ The accused may also enter a plea of guilty to a lesser offense if the offended
party was notified and did not appear in the arraignment of the accused.

▪ PLEA TO LESSER OFFENSE AFTER ARRAIGNMENT BUT BEFORE

TRIAL: After arraignment but before trial, the accused may still be allowed
to plead guilty to a lesser offense after withdrawing his previous plea of not
guilty. No amendment to the complaint or information is necessary (Rule 116,
Sec. 2).

▪ PLEA TO LESSER OFFENSE AFTER TRIAL HAS BEGUN: After the

prosecution has rested its case, a change of plea to a lesser offense may be
granted by the judge, with the approval of the prosecutor and the offended
party if the prosecution does not have sufficient evidence to establish the
guilt of the accused for the crime charged. The judge cannot on its own grant
the change of plea (Daan v. Sandiganbayan, G.R. Nos. 163972-77, March 28,
2008).

WHAT IS THE EFFECT IF THE ACCUSED WAS NOT ARRAIGNED OR THERE

IS AN ABSENCE OF ARRAIGNMENT?
▪ General Rule: Judgment is void if accused has not been validly
arraigned.
Exception: If accused went into trial without being arraigned,
subsequent arraignment will cure the error provided that the accused
was able to present evidence and cross-examine the witnesses of the
prosecution during trial.

CAN ARRAIGNMENT BE SUSPENDED?

▪ Yes. Suspension period shall not exceed 60 days counted from the filing
of the petition for review of the resolution of the prosecutor with either
the DOJ or Office of the President (Section 11 (c), Rule 116).

IF THE ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE, WHAT THE COURT

SHOULD DO?
1. Conduct a searching inquiry into the voluntariness and full comprehension of
the consequences of the plea.
2. Require prosecution to present evidence to prove the guilt and precise degree
of culpability of the accused.
3. Ask the accused if he desires to present evidence in his behalf and allow him to
do so if he desires (People v. Gumimba, 517 SCRA 25, Feb. 25, 2007).

WHAT IS IMPROVIDENT PLEA?

▪ IMPROVIDENT PLEA is a plea without information as to all the
circumstances affecting it; based upon a mistaken assumption or
misleading information or advice. EXAMPLE of instances of
improvident plea:
1. Plea of guilty was compelled by violence or intimidation
2. Accused did not fully understand the meaning and
consequences of his plea
3. Insufficient information to sustain conviction of the offense
charged
4. Information does not charge an offense
5. Court has no jurisdiction

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WHAT IS THE EFFECT OF IMPROVIDENT PLEA?

▪ The conviction will be set aside if the plea of guilty is the sole basis for
the judgment. But, the court may validly convict the accused if such
conviction is supported by adequate evidence of guilt independent of
the plea itself.

WHAT IF THE ACCUSED APPEARS WITHOUT A COUNSEL/ATTORNEY

DURING ARRAIGNMENT, WHAT IS FOUR-FOLD DUTY OF COURT WHEN
ACCUSED APPEARS WITHOUT COUNSEL?
1. INFORM the defendant that he has a right to an attorney before being
arraigned
2. After informing him, court must ASK the defendant if he desires to have the
aid of an attorney
3. If he desires but is unable to employ one, the court must ASSIGN an attorney
de oficio to defend him
4. If the accused desires to procure an attorney of his own, the court must grant
him REASONABLE TIME to do so (Gamas v. Oco, A.M. No. MTJ-99-1231, 2004)
5. Failure to comply with this 4-fold duty amounts to a violation due process

WHO IS COUNSEL DE OFICIO?

▪ Counsel de oficio is counsel appointed by the court to represent and defend the
accused in case he cannot afford to employ one himself. A counsel de oficio
may either be:
1. Members of the bar in good standing who can competently defend the
accused
2. In localities where such members of the bar are not available, any
resident of the province of good repute for probity and ability.

WHAT ARE THE GROUNDS FOR SUSPENSION OF ARRAIGNMENT?

1. There exists a prejudicial question
2. Accused appears to be suffering from an unsound mental condition which
renders him unable to understand the charge against him and to plead
intelligently thereto.
3. There is a petition for review pending before the DOJ or Office of the President,
however the period of suspension shall not exceed 60 days counted from the filing
of the petition for review.

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MOTION FOR BILL OF PARTICULARS

NATURE and PURPOSE

▪ A party may move for a more definite statement or for a bill of particulars of any
matter which is not averred with sufficient definiteness or particularity to enable
him properly to prepare his responsive pleading or to prepare for trial. Such
motion shall point out the defects complained of and the details, desired.

WHEN TO FILE?
▪ Before responding to a pleading or, if no responsive pleading is permitted by
these rules, within ten (10) days after service of the pleading upon him.

PURPOSE and FUNCTION

▪ It is the office or function, as well as the object or purpose, of a bill of particulars
▪ To amplify or limit a pleading
▪ To specify more minutely and particularly a claim or defense set up and
pleaded in general terms
▪ To give information not contained in the pleading to the opposite party
and the court as to the precise nature, character, scope, and extent of the
cause of action or defense relied on by the pleader,
▪ To apprise the opposite party of the case which he has to meet.
▪ The opposite party may be aided in framing his answering pleading and
preparing for trial.
▪ It has also been stated that it is the function or purpose of a bill of
particulars to define, clarify, particularize, and limit or circumscribe the
issues in the case, to expedite the trial, and assist the court.
▪ A general function or purpose of a bill of particulars is to prevent
injustice or do justice in the case when that cannot be accomplished
without the aid of such a bill.

MOTION TO QUASH
WHAT IS A MOTION TO QUASH?
▪ It is a special pleading filed by the defendant before entering his plea, which
hypothetically admits the truth of the facts spelled out in the complaint or
information at the same time that it sets up a matter which, if duly proved,
would preclude further proceedings. By a motion to quash, the defendant
assumes the facts alleged in the information to be true. (People v. Odtuhan, G.R.
No. 191566, 2013)

WHEN TO FILE A MOTION TO QUASH?

▪ Time to move to quash: May be filed only before the accused has entered his
plea to the accusatory pleading (Rule 117, Sec. 1)

WHAT IS THE EFFECT OF FAILURE TO QUASH?

▪ Failure to assert or timely assert a motion to quash shall be deemed a waiver
of any objections (Rule 117, Sec. 9) When the accused fails, before arraignment,
to move for the quashal of such information and goes to trial thereunder, he
thereby waives the objection and may be found guilty of as many offenses as
those charged in the information and proved during trial. (Escandor v. People,
G.R. No. 211962, 2020

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▪ Exceptions (NOT WAIVABLE)

1. When the same does not charge an offense;
2. Where the court has no jurisdiction over the case;
3. When the offense or penalty had already been extinguished; or
4. When further prosecuting the accused would thereby place him in
double jeopardy.

WHAT ARE THE GROUNDS IN A MOTION TO QUASH?

▪ The grounds to quash the information are:
1. Facts charged do not constitute an offense - NOT WAIVABLE
2. Court has no jurisdiction over offense charged - NOT WAIVABLE
3. Court has no jurisdiction over the person of the accused - WAIVABLE
4. Officer who filed the information had no authority to do so - WAIVABLE
5. Does not conform substantially to the prescribed form - WAIVABLE
6. More than one offense is charged except when a single punishment for
various offense is prescribed by law. -WAIVABLE
7. Criminal action or liability has been extinguished by prescription - NOT
WAIVABLE
8. Contains averments which, if true, would constitute a legal excuse or
justification - NOT WAIVABLE
9. Accused has been previously convicted or acquitted of offense charged,
or case has been dismissed or otherwise terminated without the express
consent of the accused (double jeopardy) (Rule 117, Sec. 3) - NOT
WAIVABLE

1. FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE

▪ Only the facts alleged in the information shall be considered.
▪ The allegations must be hypothetically admitted,
▪ The court may consider amendment of the Information.
2. THAT THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE
OFFENSE CHARGED.
▪ It must be based on the information
▪ It must be based on the law
▪ It is subject to re-filing to the court of proper jurisdiction

3. THE COURT HAS NO JURISDICTION OVER THE PERSON OF THE ACCUSED

▪ Where there is illegality of arrest
▪ Subject to waiver when the accused enters plea
▪ The waiver does not extend to the evidence obtained as a result of illegal arrest.

4. THAT THE OFFICER WHO FILED THE INFORMATION HAD NO AUTHORITY

TO DO SO.
▪ It occurs when a state prosecutor lacked the authority to file the information
because there was neither a directive from the Secretary of Justice designating
him as a special prosecutor nor the written approval of the information by the
city prosecutor.

5. IT DOES NOT CONFORM SUBSTANTIALLY TO THE PRESCRIBED FORM

▪ Information is sufficient if:
1. It states the name of the accused;
2. The designation of the offense given by the statute
3. The acts or commissions complained of as constituting the offense

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4. The name of the offended party

5. The approximate date of the commission of the offense
6. And the place where the offense was committed.

6. MORE THAN ONE OFFENSE IS CHARGED IN THE INFORMATION.

7. CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED
(PRESCRIBED)
▪ The following are the prescriptive periods of the criminal liability or penalties:
a. Death and reclusion perpetua - 20 years
b. Other afflictive penalties - 15 years
c. Other correctional penalties - 10 years; however, if penalty is arresto
mayor - 5 years
d. Light penalties - 1 year
▪ Absolute Extinguishment: Death, Service of Sentence, Amnesty, Absolute
Pardon
▪ Partial Extinguishment: Conditional Pardon, Commutation of sentence and
allowance of good conduct,

8. DOUBLE JEOPARDY
■ As a rule, when an accused has been convicted or acquitted, or the case against
him dismissed or otherwise terminated without his express consent, the
conviction or acquittal shall be a bar to another prosecution for:
1. The offense charged
2. Any attempt to commit the same or frustration thereof
3. Any offense which necessarily includes or is necessarily included in
the offense charged (Rule 117, Sec. 7).
4. No double jeopardy attaches as long as there is variance between the
elements of the two offenses charged (Braza v. Sandiganbayan, G.R. No.
195302, 2013)

• REQUISITES TO RAISE DOUBLE JEOPARDY:

A. First jeopardy must have attached
1. Accused must have been convicted or acquitted, or the case against
him was dismissed or terminated without his express consent
2. Made by a court of competent jurisdiction
3. Valid complaint or information
4. Accused has been arraigned (People v. Obsania, G.R. No. L-24447,
June 29, 1968)
B. First jeopardy must have been validly terminated
C. The second jeopardy must be for the same offense or the second
offense includes or is necessarily included in the offense charged in
the first information or is an attempt or frustration thereof (Rule 117,
Sec. 7).

GROUNDS EFFECT IF GRANTED/SUSTAINED

a. Facts charged do not constitute an Court may order that another information be
offense filed or an amendment thereof be made
b. Officer who filed the information
had no authority to do so
c. It does not conform substantially to
the prescribed form
d. More than one offense is charged

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1. Criminal action or liability has been Court must state, in its order granting the
extinguished (PRESCRIBED) motion, the release of the accused if he is in
2. Averments (Allegations) would custody or the cancellation of his bond if he is
constitute a legal excuse or on bail
justification
3. Accused has been previously
convicted or acquitted of the offense
charged (DOUBLE JEOPARDY)

Court has no jurisdiction over the Court should remand or forward the case to
offense the proper court, not to quash the complaint
or information

IS PROVISIONAL DISMISSAL ALLOWED UNDER THE LAW?

▪ Yes, provided, dismissal must be without the express consent of the accused.

WHAT IS GENERAL RULE FOR PROVISIONAL DISMISSAL?

▪ The termination of the case must be without the express consent of the accused
so that jeopardy will attach (Rule 117, Sec. 7). Exceptions: Dismissal is
equivalent to acquittal even with the accused’s consent if grounded on:
1. Speedy trial
2. Demurrer to evidence (People v. Bans, G.R. No. 104147, 8 December 1994)

PROVISIONAL DISMISSAL
▪ Contemplates that the dismissal of the criminal action is not permanent and
can be revived within the period set by the Rules of Court.
▪ Requisites of a Provisional Dismissal
a. Consent of the prosecutor
b. Consent of the accused;
c. Notice to the offended party; and
d. Public prosecutor is served with a copy of the order of provisional
dismissal (Rule 117, Sec. 8).

▪ Examples on Grounds on Which Provisional Dismissal May Be Granted

– Prosecution was not prepared for trial
– Repeated absences in court
– Witness did not appear at the trial

▪ WHEN PROVISIONAL DISMISSAL BECOMES PERMANENT (Rule 117,

Sec. 6). The provisional dismissal shall become permanent if not revived within:

PENALTY PERIOD OF NON-REVIVAL

Penalty is 6 years and below, or a fine of any amount, 1 year after issuance of order
or both

Penalty exceeds 6 years 2 years after issuance

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PRE - TRIAL
COURTS WHERE PRE-TRIAL IS MANDATORY
a. Sandiganbayan
b. Regional Trial Court
c. Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, Municipal Circuit Trial Court (Rule 118, Sec. 1)

WHAT IS THE PURPOSE OF PRE-TRIAL?

▪ Pre-trial is not a mere technicality in court proceedings for it serves a vital
objective: the simplification, abbreviation, and expedition of trial, if not indeed
its dispensation. (Tolentino v. Heirs of Laurel-Ascalon, G.R. No. 181368, 2012).

PERIOD OF PRE-TRIAL
▪ Both the pre-trial and arraignment must be set within 30 days from the date the
court acquires jurisdiction over the person of the accused (A.M. No. 15-06-10-
SC, III.8.(a)).

Exceptions:
– A shorter period is provided for in special law or circulars of the
Supreme Courts;
– If the accused is under preventive detention, the arraignment and pre-
trial shall be set within 10 days of the Court’s receipt of the case (A.M.
No. 15-06-10-SC, III.8.(a))

WHAT ARE THE MATTERS TO BE CONSIDERED DURING PRE-TRIAL?

▪ The matters considered in a pre-trial are:
a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence. Note: No evidence shall be allowed to be
presented and offered during the trial other than those identified and marked
during pre-trial, except when allowed by the court for good cause shown (I-B
(2), A.M. No. 03-1-09-SC).
d. Waiver of objections to admissibility of evidence
e. Modification of the order of trial if the accused admits the charge but interposes
a lawful defense
f. Such matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case (Rule 118, Sec. 1).

WHAT IS PLEA BARGAINING?

▪ The process whereby the accused, the offended party, and the prosecution
work out a mutually satisfactory disposition of the case subject to court
approval.

DUTY OF THE COURT WHEN THE PROSECUTION AND THE OFFENDED

PARTY AGREE TO THE PLEA OFFERED BY THE ACCUSED
▪ During the pre-trial, the judge shall consider plea bargaining arrangements
except in cases for violations of the Comprehensive Dangerous Drugs Act of 2002.
Note: Section 23 of the Comprehensive Dangerous Drugs Act of 2002 was declared
unconstitutional for being contrary to the rule-making authority of the Supreme Court
under Section 5 (5), Article VIII of the 1987 Constitution. Sec. 23 provides, Any person
charged under any provision of this Act regardless of the imposable penalty shall not
be allowed to avail of the provision on plea-bargaining.”

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▪ If a plea bargaining is agreed upon, the court shall:

– Issue an order to that effect;
– Proceed to receive evidence on the civil aspect of the case; and
– Render and promulgate judgment of conviction, including the civil
liability or damages duly established by the evidence. (I-B[5], A.M. No.
03-1-09-SC)

PRE-TRIAL AGREEMENT:
▪ All agreements or admissions made or entered during the pre-trial conference
shall be:
– Reduced in writing; AND
– Signed by the accused AND counsel (Rule 118, Sec. 1).
▪ Otherwise, they cannot be used against the accused. The agreements covering
matters in a pre-trial shall be approved by the court. But admissions during
trial binds the the accused even if its not in writing or signed.

WHAT IS THE EFFECT NON-APPEARANCE DURING PRE-TRIAL

▪ The court may impose proper sanction or penalties, if the counsel or prosecutor
absent does NOT offer an acceptable excuse (Rule 118, Sec. 3).
▪ The absence during pre-trial of any witness for the prosecution is NOT a valid
ground for the dismissal of a criminal case. The presence of the private
complainant or the complaining witness is not required. Even the presence of
the accused is NOT required unless directed by the trial court. It is enough that
the accused is represented by his counsel. (People v. Tac-an, G.R. No. 148000,
2003)

WHAT IS PRE-TRIAL ORDER

▪ This is an order issued within 10 days after termination of pre-trial conference
(A.M. No. 03-1-09-SC, Guidelines to be Observed by Trial Court Judges and Clerks
of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures as
cited in Alviola v. Avelino, A.M. No. MTJ-P-08-1697, 2008) Sets forth:
– Actions taken during the pre-trial conference
– Facts stipulated
– Admissions made
– Evidence marked
– Witnesses to be presented
– Schedule of the trial

----nothing follows---

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