Criminal Procedure o No requirement of relation to office

o The OMB is not a court

JURISDICTION o OMB is an investigative body
• VENUE IS JURISDICTIONAL o OMB vested with power to investigate on its own
• place of commission determines jurisdiction initiative without a formal complaint
• unless it is a transitory/continuing offense (where elements o Method of filing a complaint before OMB is direct,
of the crime may be committed in more than one place) informal, speedy, inexpensive
o ex. BP 22 – place of issue or where check bounced o Which has primary jurisdiction over investigation of
• if crime committed outside the Philippines, it can still be cases in SB?
prosecuted here if it falls under Art. 2 RPC or under HSA ▪ OMB, not prosecutor
• venue cannot be subject of compromise, waiver ▪ OMB can take over at any stage from any
investigatory body
• venue of HEARING may be changed, but action must be
▪ DOJ has general jurisdiction (prosecutor)
INSTITUED at venue where crime was committed
over violation of RPC, but OMB jurisdiction
o this is provided for in the Consti, needs approval of
prevails
the SC
▪ for protection of witnesses, accused • OSG (OFFICEE OF THE SOLICITOR GENERAL)
o Represents the People in the SC and CA (appealed
• Isip v. Ppl – venue is jurisdictional
cases)
• JURISDICTION OF COURTS
o Service of pleadings must be to OSG if the case is
o RTC – penalty exceeds 6 years, regardless of fine or
already in the SC or CA
accessory penalties
o MTC – does not exceed 6 years
Rule 110
o If penalty is purely a fine (Circular 9-94)
• Requires PI (PRELIMINARY INVESTIGATION) – office of
▪ RTC – exceeds P4000
the prosecutor
▪ MTC – does not exceed P4000
• Does not require PI
• Which court has orig jurisdiction to issue Hold Departure
o In Manila and other chartered cities – prosecutor
Order? HDO
o Outside Manila or chartered cities – prosecutor or
o Montejar case – MTC cannot issue HDO
MuTC
o Only RTC can issue HDO
o DOJ can issue but limited • Summary Proceure
o HDO v. watchlist o BP 22 – prosecutor
▪ HDO – prevents you from leaving o Other cases – prosecutor or Municipal Trial Court
▪ Watchlist – if you try to leave for the first (NOTE: NO DIRECT FILING IN MeTC)
two times, you cannot leave; but after a third • Prescription
attempt, you can leave if still no case against o Panagiton (BP 22) case – prescriptive period is
you deemed interrupted upon filing of case before the
• Jurisdiction is determined by the allegations of the prosecutor (even if the GR for special laws is upon
information filing in court)
• Jurisdiction of OMB • Control, Direction, and Supervision of a Criminal Case (Sec.
o Any act of malfeasance or misfeasance of a public 5)
officer o Given by law to the public prosecutor

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 o Three-fold duty of public prosecutor: of ordinances; in this case, refer to
▪ Conduct PI specific sections
▪ Prosecute a case ▪ Aggravating and qualifying circumstances
▪ Inquest proceeding • MUST be alleged
o Public prosecutor is in control of a criminal case; he • Or else cannot be taken against
should be there accused even if proved at the trial
o The fact that there is a private prosecutor does not ▪ Facts and circumstances constituting the
remove the power of the public prosecutor to offense
prosecute • Cause of accusation (Sec. 9)
o But in the absence of the public prosecutor or due to o Equivalent to cause of
heavy workload he cannot prosecute, private action in civil cases
prosecutor can get a certification from chief state • Language of information should be
prosecutor/chief of prosecution office that will allow in a language known to the accused
him to proceed • This is required for arraignment
o Role of private prosecutor – intervenes for the (Rule 116)
offended party ▪ Date of commission
o Adultery and concubinage can only be instituted by
• Approximation is sufficient
the offended spouse, must implead paramour as well
• But must be specific if date is a
unless dead
material element of the offense (ex.
o Seduction, abduction, acts of lasciviousness can be
infanticide, election offenses)
instituted by offended party even if minor, parent,
▪ Place of commission
grandparent, guardian, state (successive and
exclusive) • As a general rule, approximation is
o If malicious imputations in relation to adultery or sufficient (“within the jurisdiction of
concubinage can only be instituted by offended party _______”)
• Sufficiency of information (Sec. 6; Secs. 7-12) • but for offenses such as trespass to
o An information is sufficient if it states: dwelling, violation of domicile,
▪ Name of the accused election offenses, specific place
required since it is a material
• Full name
element
• If full name not known, use
▪ name of the offended party
nickname or appellation
• if known, must state the name
• If no appellation, use John Doe,
• if not known but crime against
Jane Doe
property, describe property
o This cannot be used in civil
cases • Sec. 13
▪ Designation of the offense by statute o One information, one offense
o Exception: Rule 120 Sec. 3; if accused fails to object
• Ex. murder, homicide, estafa
• Amendment (Sec. 14)
• There are offenses with no
o Whether a matter of form or substance, there can be
designated name, such as violation
an amendment before plea

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 o Formal amendment can also be made after plea if it o No filing fees for actual damages
will not prejudice the right of the accused; no more o If BP 22 – filing fees for all claims
substantial amendment after plea ▪ Actual damages is face value of check
o TEST: if the original defense of the accused will have • Consolidation
to be changed by reason of the amendment, it will o If civil instituted ahead, then subsequent crim, civ is
prejudice the rights of the accused and cannot be interrupted until final judgment in crim; but there is
made an option to consolidate
o Downgrading and exclusion
▪ Downgrading – ex. from murder to • Kinds of acquittal
homicide o Based on reasonable doubt
▪ Exclusion – removing from the information o Non-liability
• This is different from discharge as o Purely civil
state witness, where a plea has o Acquittal with the statement that the fact from which
already been made the civil may arise did not exist (?)
▪ Should take place before plea • Prejudicial question
▪ Upon motion of the prosecution, with leave o Requisites
of court, with consent of the offended party o The criminal action is suspended until the resolution
• Substitution (Sec. 14) of the civil case
o If prosecution feels that they cannot prove the o Apply at any time before the prosecution rests its
offense charged in the information, it will be case
substituted and a new one will be filed o Can be done before the office of the prosecutor
o Read with Rule 119 Sec. 19 – accused will not be • Independent civil action
released until a new information is filed o Arts. 32, 33, 34, 2176 of the Civil Code
o Provided that no double jeopardy o
• Venue (Sec. 15)
o If for trains, vehicle, court of any place where vehicle Rule 112
passed • Preliminary investigation
o 4 years, 2 months, 1 day
Rule 111 “ preliminary investigation is not the occasion for the full
• Civil liability of criminal cases and exhaustive display of the parties' evidence; it is for the
• GR: once a crim action is instituted, the civ action is also presentation of such evidence only as may engender a well-
instituted (that is civil liability ex-delicto) grounded belief that an offense has been committed and that
o Unless reserved, waived, or instituted prior the accused is probably guilty thereof.”
• No reservation in BP 22
• Reservation can be made at any time before prosecution An inquest is a summary investigation conducted by a
presents evidence, but considering the circumstances of the government prosecutor to determine whether the person
case arrested without a warrant should be held under continued
• Filing fees custody or released.
o Only for moral, exemplary, nominal, temperate
damages • Preliminary investigation v. Inquest

3
 o Before or after conviction in cases under the
• Must the respondent be served and actually receive a jurisdiction of the MTC
subpoena before the prosecutor acquires jurisdiction over his o Before conviction in cases under RTC jurisdiction
person? not punishable by D, L, RP
o No • Bail, when discretionary
o Preliminary investigation is a statutory right that • Kinds of bail
may be waived o Cash bond
• Remedies from a resolution from the prosecutor o Corporate surety
o Petition for review with DOJ within non-extendable o Property bond
period of 15 days o Recognizance
o Offense is one that requires preliminary
investigation or has gone through reinvestigation
RULE 113
• Procedure if no preliminary investigation Arrest
• The mere filing of a petition for review will not suspend the
issuance of a warrant of arrest; it is the arraignment that is Section 1. Definition of arrest.
suspended Arrest is the taking of a person into custody in order that he may be
• Inquest bound to answer for the commission of an offense. (1)
o If released for further prelim investigation;
complaint by police officer will be filed as a regular Section 2. Arrest; how made.
complaint-affidavit before the office of the An arrest is made
prosecutor • by an actual restraint of a person to be arrested, or
o If inquest prosecutor decides that the person should • by his submission to the custody of the person making the
be detained; he can apply for bail before the arrest.
executive judge
o Person can request for PI upon waiver of Art. 125 No violence or unnecessary force shall be used in making an arrest.
RPC The person arrested shall not be subject to a greater restraint than is
necessary for his detention. It is enough that there be an
Rule 113 • intention on the part of one of the parties to arrest, and
• Instances of warrantless arrest (Sec. 5) • that there be an intent on the part of the other to submit
o In flagrante delicto
o Hot pursuit Section 4. Execution of warrant.
o Escaped from penal establishment When a warrant of arrest is issued by a judge, the warrant is
• Other instances delivered to the proper law enforcement agency for execution:
o When already lawfully arrested and tries to escape • The head of the office to whom the warrant of arrest was
o When out on bail and tries to flee delivered for execution shall cause the warrant to be executed within
ten (10) days from its receipt.
Rule 114 • Within ten (10) days after the expiration of the period, the
officer to whom it was assigned for execution shall make a report to
• Bail as a matter of right
the judge who issued the warrant.

4
• In case of his failure to execute the warrant, he shall state the 2. Such overt act is done in the presence or within the view of
reasons therefor. (4a) the arresting officer
The person making the arrest witnesses the crime himself and,
Section 6. Time of making arrest. hence, has personal knowledge of the commission of the offense.
An arrest may be made on any day and at any time of the day or
night. (6) The tenor of the rule obviously emphasizes the immediacy of the
arrest reckoned from the commission of the crime.
Section 3. Duty of arresting officer.
It shall be the duty of the officer executing the warrant to arrest the b. When an offense has just been committed, and he has
accused and to deliver him to the nearest police station or jail probable cause to believe based on personal knowledge of facts or
without unnecessary delay. (3a) circumstances that the person to be arrested has committed it; (hot
pursuit) and
Section 10. Officer may summon assistance. c. When the person to be arrested is a prisoner who has
An officer making a lawful arrest may orally summon as many escaped from a penal establishment or place where he is serving final
persons as he deems necessary to assist him in effecting the arrest. judgment or is temporarily confined while his case is pending, or has
Every person so summoned by an officer shall assist him in effecting escaped while being transferred from one confinement to another.
the arrest when he can render such assistance without detriment to
himself. (10a) In cases falling under paragraph (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest
Section 11. Right of officer to break into building or enclosure. police station or jail and shall be proceeded against in accordance
An officer, in order to make an arrest either by virtue of a warrant, or with section 7 of Rule 112. (5a)
without a warrant as provided in section 5, may break into any
building or enclosure where the person to be arrested is or is Section 13. Arrest after escape or rescue.
reasonably believed to be, if he is refused admittance thereto, after If a person lawfully arrested escapes or is rescued, any person may
announcing his authority and purpose. (11a) immediately pursue or retake him without a warrant at any time and
in any place within the Philippines. (13)
Section 12. Right to break out from building or enclosure.
Whenever an officer has entered the building or enclosure in Section 14. Right of attorney or relative to visit person arrested.
accordance with the preceding section, he may break out therefrom Any member of the Philippine Bar shall, at the request of the person
when necessary to liberate himself. (12a) arrested or of another acting in his behalf, have the right to visit and
confer privately with such person in the jail or any other place of
Section 5. Arrest without warrant; when lawful. custody at any hour of the day or night. Subject to reasonable
A peace officer or a private person may, without a warrant, arrest a regulations, a relative of the person arrested can also exercise the
person: same right.
a. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an Rights of a person arrested (R.A. 7438)
offense; (in flagrante delicto) 1. The right to be assisted by counsel at all times;
For this to be valid, two requisites must concur: 2. The right to remain silent;
1. The person to be arrested must execute an overt act 3. The right to be informed
indicating that he has just committed, is actually committing, or is
attempting to commit a crime; and

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4. The right to be visited by the immediate members of his If the investigating judge is satisfied that there is probable cause but
family, by his counsel, or by any non-governmental organization, did not issue the warrant of arrest contrary to the prosecutor/s belief
national or international that there is a need to place the accused under custody, the speedy
and adequate remedy of the prosecutor is to immediately file the
In the absence of a lawyer: Information so that the Regional Trial Court judge may issue the
• No custodial investigation shall be conducted; and warrant for the arrest of the accused. (Samulde v. Salvani, Jr., 165
• The suspected person can only be detained by the SCRA 724 [1988]
investigating officer in accordance with the provisions of Art 125 of REQUEST FOR A COPY OF THE RETURN
the RPC If a warrant of arrest has been issued, the prosecutor may request the
• Also, any waiver of the provisions of Art 125 of the RPC shall warrant officer that he be furnished with the officer's return relative
be in writing, and signed by the person arrested, detained or under thereto. The prosecutor shall, as far as practicable, coordinate with
custodial investigation in the presence of his counsel; otherwise, the the witnesses from time to time to ascertain the whereabouts of the
waiver shall be null and void and of no effect. accused pending the latter's arrest.

Art 125, RPC – Delay in the delivery of detained persons to the RELEVANT JURISPRUDENCE
proper judicial authorities (12/18/36) 1. The grounds of suspicion are reasonable when, in the
absence of actual belief of the arresting officers, the suspicion that
the person to be arrested is probably guilty of committing the
CUSTODIAL INVESTIGATION offense, is based on actual facts, i. e. supported by circumstances
• Refers to any questioning initiated by law enforcement sufficiently strong in themselves to create the probable cause of guilt
officers after a person has been taken into custody or deprived of his of the person to be arrested. A reasonable suspicion therefore must
freedom in any significant manner. be founded on probable cause, coupled "with good faith on the part
• Begins to operate as soon as the investigation ceases to be a of the peace officers making the arrest." (People v. Doria, 301 SCRA
general inquiry into an unsolved crime and the interrogation is then 668)
aimed on a particular suspect who has been taken into custody and to 2. An arrest signifies restraint on person, depriving one of his
whom the police would then direct interrogatory questions that tend own will and liberty, binding him to become obedient to the will of
to elicit incriminating statements. the law. (Larranaga v. Court of Appeals, 287 SCRA 589)
3. A letter-invitation is equivalent to arrest. Where the
Effect of an illegal arrest on jurisdiction of the court invitation comes from a powerful group composed predominantly of
It bears stressing that the legality of the arrest affects only the ranking military officers and the designated interrogation site as a
jurisdiction of the court over the person of the accused. The illegality military camp, this is obviously a command or an order of arrest.
of the arrest cannot, in itself, be the basis for acquittal. It will not (Sanchez v. Demetriou, 227 SCRA 627 [1993].
negate the validity of the conviction of the accused. 4. A police officer is not justified in using unnecessary force in.
effecting arrest or in treating with wanton violence the arrested
Waiver of illegality of the arrest and inadmissibility of the evidence person or in resorting to dangerous means when the arrest could be
Waiver of an illegal warrantless arrest does not mean a waiver of the effected otherwise. (Galang v. People, G. It No.128536 January 31,
inadmissibility of evidence seized during an illegal warrantless 2000)
arrest. 5. A warrant of arrest does not become stale or functus oficio
unlike a search warrant which is valid only for ten days. A warrant of
REMEDY OF THE PROSECUTOR WHEN NO WARRANT OF arrest remains valid until arrest is effected or the warrant lifted.
ARREST WAS ISSUED BY THE JUDGE (Managan v. CFI, 189 SCRA 217)

6
Method of Arrest
Section 7. Method of arrest by officer by virtue of warrant.
Section 8. Method of arrest by officer without warrant.
Section 9. Method of arrest by private person.
When making an arrest by virtue of a warrant, the officer shall
GN:
• inform the person to be arrested of the cause of the arrest
and
• of the fact that a warrant has been issued for his arrest,
XPN:
• except when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information
will imperil the arrest.
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. When
making an arrest without a warrant, the officer shall
GN:
• inform the person to be arrested of his authority and
• the cause of the arrest,
XPN:
unless the latter is either
• engaged in the commission of an offense,
• is pursued immediately after its commission,
• has escaped,
• flees or
• forcibly resists
before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest. When
making an arrest, a private person shall
GN:
• inform the person to be arrested of the intention to arrest
him and
• cause of the arrest,
XPN:
• unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, or has escaped,
flees, or forcibly resists before the person making the arrest has
opportunity to so inform him, or when the giving of such information
will imperil the arrest.)