CRIMINAL PROCEDURE

(Rules 110 to 127, Revised Rules of Criminal Procedure, the 1987

Constitution, Other Related Laws and Jurisprudence)

Syllabus/Course Outline

1st Semester School Year 2019-20

I
General Provisions / Preliminary Considerations

1. Criminal procedure defined; sources of criminal procedure

2. Criminal law distinguished from criminal procedure
3. Jurisdiction defined; venue; when jurisdiction attaches; Case: (A) Ana Lou
B. Narvaja vs. Hon. Manuel A. De Castro, G.R. No. 182926, June 22, 2015;
(B) Ma. Luisa G. Dazon vs. Kenneth Y. Yap and People, G.R. No. 157095,
January 15, 2010
4. Distinguish jurisdiction over subject matter from jurisdiction over the
person of the accused
5. Requisites for exercise of criminal jurisdiction
6. Jurisdiction over the subject matter; over the territory; over the person of
the accused
7. Exceptions to the territorial principle

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8. Criminal Jurisdictions of Courts: Metropolitan Trial Courts; Municipal Trial
Courts; Regional Trial Courts; Family Courts; Court of Appeals; Court of
Tax Appeals; Sandiganbayan; Supreme Court (1987 Constitution; Batas
PambansaBilang 129, as amended; R.A. No. 8369; P.D. No. 1606; RA. No.
7975; R.A. No. 8249 and other related laws)
9. KatarungangPambarangay (R.A. No. 7160)
10. 1991 Revised Rules On Summary Procedure /Criminal Cases/Prohibited
Pleadings and Motions

II
Prosecution of Offenses (Rule 110)

1. Criminal actions, how instituted; Cases:(A) Salazar vs. People, G.R. No.
149471, October 15, 2002: (B) People vs. Ma. Theresa Pangilinan, G.R. No.
152662, June 13, 2012
2. Complaint or information; Cases:(A) People vs. Arrojado, G.R. No.
207041, November 9, 2015; (B)Neri vs. Sandiganbayan, G.R. No. 202243,
August 7, 2013; (C) Leticia I. Kummer vs. People, G.R. No. 174461,
September 11, 2013
3. Who may file them; crimes that cannot be prosecuted de officio
4. Criminal actions, when enjoined; Case: (A) Domondon vs. Sandiganbayan,
382 SCRA 292
5. Who must prosecute criminal actions; control of prosecution; public
prosecutor and private prosecutor
6. Right of the Solicitor General to handle criminal cases in the Court of
Appeals and the Supreme Court; Authority of the Special Prosecutor of
the Office of the Ombudsmanin cases before the Supreme Court
7. Sufficiency of complaint or information

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8. Designation of offense
9. Cause of the accusation; every element must be alleged; allegations in
complex crimes
[Link] of the offense; exception
[Link] or substitution of complaint or information; formal and
substantial amendments; variance between allegation and proof
12. Venue of criminal actions; territorial jurisdiction how determined; venue
of continuing or transitory crimes; Cases: (A) Hector Trenas vs. People,
G.R. No. 195002, January 25, 2012; (B) ArmilyMerillo vs. People, G.R. No.
198270, December 2, 2015; (C) Fely Y. Yalong vs. People, G.R. No. 18174,
August 28, 2013; (D) Union Bank of the Philippines and Desi Tomas vs.
People, G.R. No. 192565, February 28, 2012
[Link] of offended party; personal to offended party; control of the
prosecution by the prosecutor

III
Prosecution of Civil Action (Rule 111)

1. Institution of criminal and civil actions; rule on implied institution of civil

action with criminal action; appeal by the offended party; waiver of civil
action; waiver and reservation of right to file separate action; instances
wherein party is not authorized to make reservation; effect of institution
of separate action; double recovery, not allowed; Cases: (A) Heirs of
Eduardo Simon vs. Elvin Chan, G.R. No. 157547, February 23, 2011; (B) Lee
PueLiong a.k.a. Paul Lee vs. Chua Pue Chin Lee, G.R. No. 181658, August
7, 2013
2. When separate civil action is suspended; consolidation of criminal and
civil cases; effect of extinction of penal action; award of civil damages in
case of acquittal; enforcement of subsidiary liability; Cases:(A) Josephine
M. Sanchez vs. Far East Bank & Trust Company, G.R. No. 155309,
November 15, 2005; (B) Jose Burgos, Jr., vs. Spouses Eladio, SJ, G.R. No.

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 219468, June 8, 2016; (C) Heirs of Eduardo Simon vs. Elvin Chan, G.R. No.
157547, February 23, 2011; (D) People vs. Gerry Lipata, G.R. No. 200302,
April 20, 2016; (E) Elizalde S. Co vs. Munoz, Jr., G.R. No. 181986,
December 4, 2013
3. When civil action may proceed independently;concept of independent
civil actions; independent civil action, when allowed; reservation not
necessary; independent civil action based upon violation of civil liberties;
independent civil action based upon defamation, fraud and physical
injuries; independent civil action based upon failure of a police officer to
render official assistance; Case: (A) Interpacific Transit, Inc. vs. Rufo Aviles
and Josephine Aviles, G.R. No. 86062, June 6, 1990
4. Effect of death of the accused or convict on civil action; Case: (A) People
vs. Alfredo Morales, G.R. No. 206832, January 21, 2015; (B) People vs.
Benjie Consorte, G.R. No. 194068, November 26, 2014
5. Prejudicial question; nature of prejudicial question; Cases: (A) People vs.
Victoria R. Arambulo, G.R. No. 186597, June 17, 2015; (B) Romeo S. Chua
vs. The Honorable Court of Appeals, G.R. No. 79021, May 17, 1993: (C) San
Miguel Properties, Inc. vs. Perez, G.R. No. 166836, September 4, 2013; (D)
Caterpillar, Inc. v. Manolo P. Samson, G.R. No. 205972, November 9, 2016
and G.R. No. 164352, November 9, 2016
6. Rule on filing fees in civil action deemed instituted with the criminal
action

IV
Preliminary Investigation (Rule 112)

1. Preliminary investigation defined; when required; nature of right

2. Purposes of preliminary investigation; effect of denial of the right to
preliminary investigation; remedy; waiver of preliminary investigation;

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 Cases: (A) Ernesto Marcelo vs. Rafael R. Villordon, G.R. No. 173081,
December 15, 2012; (B) Pedro Tandoc vs. Hon.
Ricardo P. Resultan, G.R. No. 59241-44, July 5, 1989; (C) Rolito Go vs. The
Court of Appeals, G.R. No. 101837, February 11, 1992; (D)
EsmaelOrquinaza vs. People, G.R. No. 165596, November 17, 2005
3. Admission to the Witness Protection Program (R.A. No. 6981)
4. Officers authorized to conduct preliminary investigation; who may
conduct determination of existence of probable cause; authority co-
extensive with territorial jurisdiction; authority to conduct preliminary
investigation and prosecution of government-related cases; Cases: (A)
Honasan II vs. The Panel of Investigating Prosecutors of the Department
of Justice, 427 SCRA 46.
5. Procedure: filing of the complaint; action on the complaint; counter-
affidavit; hearing by the investigating officer; Cases: (A) Department of
Justice vs. Teodulo Nano Alaon, G.R. No. 189596, April 23, 2014; (B)
Francisco S. Tatad vs. The Sandiganbayan, G.R. No. 72335-39, March 21,
1988; (C) People vs. Maximo A. Borje, Jr., G.R. No. 170046, December 10,
2014; (D) Ernesto M. De Chavez vs. Office of the Ombudsman, G.R. Nos.
168830-31, February 6, 2007; (E) Saturnino C. Ocampo vs. Hon. Ephrem S.
Abando, G.R. No. 176830, February 11, 2014; (F) Alfredo T. Romualdez vs.
The Honorable Sandiganbayan, G.R. No. 161602, July 13, 2010
6. Resolution of investigating prosecutor; probable cause; Cases: (A) Barry
Lanier vs. People, G.R. No. 189176, May 19, 2014; (B) Hasegawa vs. Giron,
G.R. No. 184536, August 14, 2013; (C) People vs. Maximo A. Borje, Jr., G.R.
No. 170046, December 10, 2014; (D) Cesar T. Villanueva vs. Mayor Felix
V. Ople, G.R. No. 165125, November 18, 2005; (E) Girlie M. Quisay vs.
People, G.R. No. 216920, January 13, 2016; (F) Richard A. Cambe v. Office
of the Ombudsman, National Bureau of Investigation, et al., G.R. No.
212014-14, December 6, 2016; (G) Republic of the Philippines v. GMCC
United Development Corp., et al., G.R. No. 191856, December 7, 2016
7. Review: appeal to the Secretary of Justice; appeal to the Office of the
President; Petition for certiorari with the Supreme Court
8. When warrant of arrest may issue; constitutional basis; issuance of
warrant by the Regional Trial Court and Municipal Trial Court; Concept of

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 searching questions; meaning of probable cause; Case: (A) Lim vs. Felix,
194 SCRA 292
9. When accused lawfully arrested without warrant; inquest; waiver of
Article 125 of the Revised Penal Code; preliminary investigation after the
filing of information
[Link] not requiring a preliminary investigation
11. Remedies of accused if there was no preliminary investigation

V
Arrest (Rule 113)

1. Concept of arrest; diplomatic and parliamentary immunity; warrants

improperly issued, its remedy
2. Arrest, how made; what constitutes arrest; reasonable amount of force
3. Duty of arresting officer; execution of warrant
4. Arrest without warrant, when lawful; Cases: (A) People vs. Ruben Burgos,
G.R. No. L-68955, September 4, 1986; (B) People vs. Aminnudin, 163 SCRA
402; (C) George Antiquera vs. People, G.R. No. 180661, December 11,
2013
5. Method of arrest:a) By officer with warrant; b) By officer without
warrant; c) By private person
6. Requisites of a valid warrant of arrest
7. Determination of probable cause for issuance of warrant of arrest
8. Distinguish probable cause of prosecutor from that of a judge
9. Arrest after escape or rescue
10. Right of attorney or relative to visit person arrested

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11. Rights of persons arrested, detained, or under custodial investigation;
duties of public officers. (R.A. No. 7438)

VI
Bail (Rule 114)

1. Bail, defined; nature of bail; forms of bail; bail, a constitutional right;

Cases: (A) Renato M. David vs. Editha A. Agbay and People, G.R. No.
199113, March 18, 2015.
2. When a matter of right; no hearing required, exceptions; right to bail
after absconding; right to bail where privilege of writ of habeas corpus is
suspended; Case: (A) People vs. Glen Piad, G.R. No. 213607, January 25,
2016
3. When a matter of discretion; when bail be denied or cancelled; Case:
People vs. PO1 Cyril De Gracia, G.R. No. 213104, July 29, 2015
4. Hearing of application for bail in capital offenses; determination of proof
of guilt; burden of proof on the prosecution; evidence adduced in bail
hearing reproduced at trial.
5. Guidelines in fixing amount of bail; excessive bail not allowed
6. Corporate surety; property bond; deposit of cash as bail
7. Bail when not required
8. Bail, where filed; release on bail
9. Increase or reduction of bail
[Link] and cancellation of bail; arrest of accused out on bail
11. No bail after final judgment; exception
[Link] for bail not a bar to objections in illegal arrest, lack of or
irregular preliminary investigation

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13. Hold departure order & Bureau of Immigration watchlist
14.R.A. No. 10389 - Recognizance; instances where an arrested person may
be released on recognizance
15. R.A. No. 6036 –Bail Shall Not Be Required

VII
Rights of the Accused (Rule 115)

1. Rights of accused at the trial

2. Rights to due process; rights of accused in criminal cases; to be
presumed innocent; prima facie evidence of guilt; to be informed of the
nature and cause of accusation; right to be present; to defend himself
and by counsel; to testify in his own behalf; right against self-
incrimination; right to compulsory process; to speedy trial; impartial
trial; public trial; right to appeal.
3. Cases: (A) Presumption of innocence – People vs. Dramaya, 42 SCRA 60;
(B) Right to counsel – Garry V. Inacay v. People, G.R. No. 223506,
November 28, 2016; (C) Speedy trial – Federico Miguel Olbes vs. Hon.
Danilo A. Buemio, G.R. No. 173319, December 4, 2009; (D) Speedy trial
– People vs. Gines, 197 SCRA 481; (E) Speedy Disposition –
CommoLamberto (Ret.) v. Sandiganbayan and People, G.R. Nos. 221562-
69, October 5, 2016; (F) Public trial – Garcia vs. Domingo, 52 SCRA 143
4. Rights of persons under custodial investigation (R.A. No. 7438)

VIII
Arraignment and Plea (Rule 116)

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1. Arraignment and plea, how made; purpose of arraignment; presence of
the accused; effects of plea of guilty; Cases: (A) Estrella Taglay vs. Judge
MarivicTrabajoDaray, G.R. No. 164258, August 22, 2012.
2. When should plea of not guilty be entered; entry of conditional plea;
period of plea, when accused is under preventive suspension; period to
plea, when accused is not under preventive suspension; Case: (A) People
vs. De Luna, 174 SCRA 204
3. When may accused enter a plea of guilty to a lesser offense; allowance of
plea of guilty to lesser offense, when proper
4. Accused pleads guilty to capital offense, what the court should do; Case:
(A) People vs. Benjamin Galvez, G.R. No. 135053, March 6, 2002.
5. Searching inquiry; guidelines in the conduct of searching inquiry; effect
of plea of guilty on aggravating circumstances
6. Plea of guilty to non-capital offense; reception of evidence; failure to
charge an offense
7. Improvident plea; withdrawal of improvident plea of guilty
8. Duty of court to inform accused of his right to counsel; right to counsel
during arraignment; choice and appointment of attorneys; waiver of right
to counsel;
9. Appointment of counsel de oficio; time for counsel de oficio to prepare for
arraignment; Case: (A) People vs. Serzo, Jr., 274 SCRA 553; (B) People vs.
Lamsing, 248 SCRA 472
10. Bill of particulars; failure to move for specifications; Cases: (A) Rocaberte
vs. People, 193 SCRA 152
11. Production or inspection of material evidence in possession of the
prosecution
[Link] for suspension of arraignment; when arraignment may be
suspended; Case: (A) Spouses Alexander Trinidad vs. Victor
Ang, G.R. No. 192898, January 31, 2011

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 IX
Motion to Quash (Rule 117)

1. Time to move to quash; nature and characteristics of a motion to quash

2. Grounds: failure to charge an offense; lack of jurisdiction; lack of authority
of officer to file information; lack of substantial conformity to prescribed
form; multiplicity of offense charged; extinction of criminal liability; Cases:
(A) Myrna P. Antone vs. Leo R. Beronilla, G.R. No. 183824, December 8,
2010; (B) People vs. Purisima, 69 SCRA 341; (C) People vs. Buissan, 105
SCRA 547; (D) Lacson vs. Executive Secretary, 301 SCRA 539; (E)
Cabarroquis vs. San Diego, 6 SCRA 866; (F) Abay vs. Garcia, 162 SCRA 665
3. Classification of motions to quash; grounds for motion to quash, exclusive
4. Motion to quash distinguish from demurrer to evidence
5. Amendment of information
6. Effects of sustaining the motion to quash
7. Exception to the rule that sustaining the motion is not a bar to another
prosecution
8. Double jeopardy; requisites of double jeopardy; Cases:(A) Saturnino C.
Ocampo vs. Hon. Ephrem S. Abando, G.R. No. 176830, February 11, 2014;
(B) Dennis T. Villareal vs. Consuelo Aliga, G.R. No. 166995, January 13,
2014
9. Provisional dismissal; right of the State to revive the case
10. Failure to move to quash, effect of; failure to charge an offense; lack of
jurisdiction; extinction of offense or penalty; Case: (A) People vs. Givera,
349 SCRA 535

X
Pre-Trial (Rule 118)

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1. Pre-trial; mandatory in criminal cases; purpose of pre-trial; plea
bargaining; procedural bargaining
2. Matters to be considered during pre-trial
3. What the court should do when prosecution and offended party agree to
the plea offered by the accused
4. Pre-trial agreement; pre-trial stipulations distinguished from admissions;
pre-trial agreement, formal requirements
5. Non-appearance during pre-trial
6. Pre-trial order
7. Referral of some cases for court annexed mediation and judicial dispute
resolution
8. CASES: (1) Fule vs. Court of Appeals, 162 SCRA 447; (2) People vs.
Hernandez, 260 SCRA 27

XI
Trial (Rule 119)

1. Time to prepare for trial; continuous trial; postponements; Case: (A)

Federico Miguel Olbes vs. Hon. Danilo A. Buemio, G.R. No. 173319,
December 4, 2009
2. Instances when presence of accused is required by law
3. Requisite before trial can be suspended on account of absence of witness
4. Trial in absentia
5. Remedy when accused is not brought to trial within the prescribed period
6. Requisites for discharge of accused to become a state witness; Cases: (A)
People vs. Deong, 338 SCRA 657.

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7. Discharge of accused to be state witness: (a) Witness Protection Program
under R.A. No. 6981; (b) Power of Ombudsman to grant immunity under
R.A. 6770; (c) Immunity under P.D. No. 749; (d) Immunity under the
Comprehensive Dangerous Drugs of 2002, R.A. No. 9165; (e) Immunity
and Protection under the Human Security Act of 2007, R.A. No. 9372
8. Principles governing right of prosecutors to use accused as state witness;
conditions for discharge as state witness
9. Effects of discharge of accused as state witness
10. Consolidation of trials; Case: Romulo L. Neri vs. Sandiganbayan, G.R. No.
202243, August 7, 2013
[Link] to evidence; Cases: (A) Paz T. Bernardo vs. Court of Appeals,
Hon Oscar L. Leviste, G.R. No. 119010, September 5, 1997; (B) Alarilla vs.
Sandiganbayan, 338 SCRA 485
[Link]; persons authorized to file motion to reopen
13. Speedy Trial (R.A. No. 8493)

XII
Judgment (Rule 120)

1. Judgment defined; requisites of a judgment; Cases: (A) Ma. Corazon M.

Ola vs. People, G.R. No. 195547, December 2, 2015; (B) Leticia I. Kummer
vs. People, G.R. No. 174461, September 11, 2013
2. Judgment for two or more offenses
3. Judgment in case of variance between allegation and proof; when an
offense includes or is included in another
4. Promulgation of judgment; instances of promulgation of judgment in
absentia
5. Modification of judgment; judgment of acquittal; judgment of conviction;
satisfaction or service of sentence; waiver and withdrawal of appeal; filing

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 of petition for probation; modification of judgment before it becomes
final; Case: (A) Armilyn vs. People, G.R. No. 198270, December 9, 2015
6. When does judgment become final (four instances)

XIII
New trial or Reconsideration (Rule 121)

1. New trial and reconsideration, generally

2. New trial distinguished from reopening of the case
3. Motion for new trial or reconsideration
4. Time for filing a motion for new trial or reconsideration; motion for new
trial with the appellate court
5. Grounds for new trial; newly discovered evidence; recantation of
witnesses; Case: (A) Michael Syiaco vs. Eugene Ong, G.R. Nos. 179282-
83, December 1, 2010
6. Grounds for reconsideration
7. Requisites before a new trial may be granted on ground of newly-
discovered evidence
8. Effects of granting a new trial or reconsideration
9. Application of Neypes doctrine in criminal cases
[Link] CASES: (A)Domingo Neypes, etc vs. Court of Appeals; G.R. No.
141524, Sept. 14, 2005, 469 SCRA 633 [2005]; (B) Rodriguez vs. People,
684 SCRA 580 [2012]

XIV
Appeal (Rule 122)

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1. Who may appeal; when appeal by the People will not lie; when appeal by
the People is permissible; appeal with respect to civil liability; appeal
when promulgation of judgment was made in absentia; Cases: (A) Ramirez
vs. People, G.R. No. 197832, October 2, 2013; (B) Josephine M. Sanchez
vs. Far East Bank and Trust Company, G.R. No. 155309, November 15,
2005; (C) Dennis T. Villareal vs. Consuelo C. Aliga, G.R. No. 166995,
January 13, 2014; (D) Lucille Domingo vs. MerlindaColina, G.R. No.
173330, June 17, 2013; (E) ArmilyMorillo vs. People, G.R. No. 198270,
December 9, 2015; (F) Jose Burgos, Jr. vs. Spouses Eladio SJ, G.R. No.
219468, June 8, 2016; (G) Marilou S. Laude vs. Hon. Roline M. Ginez-
Jabalde, G.R. No. 217456, November 24, 2015
2. Effect of an appeal
3. Where to appeal; final judgment or orders construed; appellate
jurisdiction
4. How appeal taken; appeal and certiorari; modes of review;ordinary
appeal; petition for review on certiorari
5. When appeal to be taken; period of appeal; Case: (A) Rolex Rodriguez vs.
People, G.R. No. 192799, October 24, 2012
6. Effect of appeal by any of several accused; appeal by offended party with
respect to civil liability of the accused
7. Grounds for dismissal of appeal

XV
Procedure in the Municipal Trial Courts (Rule 123)

1. Procedure in the Municipal Trial Courts

2. Cases excepted from the operation of the uniform rules

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 XVI
Procedure in the Court of Appeals (Rule 124)

1. Appointment of counsel de oficio; extent of counsel de oficio’s authority

2. Dismissal of appeal for abandonment or failure to prosecute; grounds for
dismissal of appeals; escape during the pendency of appeal;
abandonment of appeal by jumping bail; flight to foreign country
3. Grounds for reversal or modification of judgment
4. Power to receive evidence
5. Motion for new trial; where new trial conducted
6. Motion for reconsideration

XVII
Procedure in the Supreme Court (Rule 125)

1. Uniform procedure; procedure in the Supreme Court; appeal to the

Supreme Court; erroneous choice of mode of appeal
2. Review of decisions of the Court of Appeals
3. Supreme Court sits en banc or in division

XVII
Search and Seizure (Rule 126)

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1. Nature of search warrant; right to privacy, generally; Cases: (A)
Worldwide Web Corp. vs. People, G.R. No. 161106, January 13, 2014; (B)
Romeo S. Chua vs. The Honorable Court of Appeals, G.R. No. 79021,
March 17, 1993; (C) Microsoft Corp. vs. Samir Farajallah, G.R. No. 205800,
September 10, 2014; (D) Maria Cecilia Obanda vs. People, G.R. No.
208137, June 8, 2016; (E) Jesse U. Lucas vs. Jesus S. Lucas, G.R. No.
190710, June 6, 2011.
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Requisites for issuing search warrant; concept of probable cause
5. Personal examination by judge of the applicant and witnesses
6. Particularity of place to be searched and things to be seized
7. Personal property to be seized
8. Exceptions to search warrant requirement: a) Search incidental to lawful
arrest; b) Consented search; c) Search of moving vehicle ; d) Check
points; body checks in airport; e) Plain view situation; f) Stop and frisk
situation; g) Enforcement of custom laws; h) Remedies from unlawful
search and search seizure; Case: (A) Ma. MimieCrescencio vs. People,
G.R. No. 205015, November 19, 2014
9. Motion to quash a search warrant or suppress evidence; Case: (A)
Charlie Te vs. Hon. August V. Breva, G.R. No. 164974, August 5, 2015; (B)
People v. Hon. Edmar P. Castillo, et al., G.R. No. 204419, November 7,
2016

XVII
Provisional Remedies in Criminal Cases (Rule 127)

1. Nature; applicability of provisional remedies in criminal cases

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2. Kinds of provisional remedies; attachment, when proper; who may
apply for preliminary attachment

XVIII
A.M. No. 15-06-10-SC RE: Adopting the Guidelines for Continuous Trial
of Criminal Cases / Revised Guidelines for Continuous Trial of Criminal
Cases

1. Applicability
2. Objectives
3. Procedure: (1) Hearing days and calendar call; (2) Motions; (3) Free
Legal Assistance; (4) Private Prosecutor; (5) Consolidations; (6)
Archiving of Cases; (7) Revival of Provisionally Dismissed Cases; (8)
Arraignment and Pre-trial; (9) Mediation; (10) Bail; (11) Form of
Testimony; (12) Stipulations; (13) Trial; (14) Memoranda; (15) Lack of
Stenographic Notes; (16) Promulgation; (17) Inventory of Criminal
Cases; (18) Posting;

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