The Fearless Forecast – Crimpro Finals

RULE 110 Concubinage, Adultery Seduction, Abduction,

Institution of Criminal Action Acts of Lasciviousness
Penalty of 4,2,1 Office of the Prosecutor Express/Implied Express
Penalty lower than 4,2, 1 Office of the Prosecutor or Must be made before the institution of criminal action
Directly to the MTC
Chartered Cities GR: Office of the Sufficiency of Complaint or Information
Prosecutor P-A-N-D-A-N
E: Provided by their Place where the crime was committed
charters Approximate date
Name of the accused
When is Prescription Tolled? Designation of the offense given by statute.
1. When you file your information or complaint in the Acts and omission complained constituting the offense
place where you are required to file (Penalty of Name of the offended party
4,2,1 or Chartered Cities.
2. Rule when it is optional: Bayabos Puig
Although Hazing is a By simply stating the
Bautista Panaguiton Jadewell common English language. position as bookkeeper or
Crime RPC BP 22/Other Municipal The court ruled that an cashier there is no need to
committed SPL Ordinance information on Hazing must get into the details on how
Prescriptio The filing of The filing of Only in the state the exact facts and there is grave abuse of
n is tolled the the complaint filing of the circumstances in order for it discretion. Grave abuse of
from complaina to anybody court that to be sufficient. discretion is then
nt to the (administrativ tolls or presumed.
prosecutor. e suspends
proceeding) the
prescriptiv Rule on the name of offended party in crimes against
e period. property

Who must prosecute criminal actions? Offenses against

GR: The public prosecutor property

E:
1. Because of the unavailability of the public Generic Specific

prosecutor, the private prosecutor provided he is

authorized in writing and approved by the court. The only way to
The identity of the
2. Private Crimes – depends on the private crime. properly identify si
by connecting to the
offended party is
acquittal
Described with such
particularity
owner

Pinonte Piccio Go Identity of the

Appearance of Same rule The People

Yes No offended is NOT
necessary

the public applies, only that must always be

prosecutor in the if I file the case impleaded even OK! Acquittal
trial phase is so on appeal, then it if the accused
important that his will be was the who
absence even if represented by appealed. Amendment vs. Substitution
its not his turn the Office of the Amendment Substitution
renders the Solicitor May be made before or after the defendant pleads
action invalid General. Formal or substantial Substantial change from
changes the original charge
What are private crimes? Before plea has been Must be with leave of court
C-A-S-A-A-D entered can be effected as the original information
Concubinage without leave of court has been dismissed
Adultery Where the amendment is Another preliminary
Seduction only formal, there is no investigation is required.
Abduction need for another
Acts of Lasciviousness preliminary investigation.
Defamation imputing private crimes.
Pardon in Private Crimes

ICS (2D)
The Fearless Forecast – Crimpro Finals

Evidence taken before the Evidence in the original Mode of Rule

amendment need not be case which is relevant to transportation
retaken the new case has to be Vessel • First point of entry
retaken. This is the reason • Where the vessel
why the court may require passed during the
witnesses to post bail to voyage
guarantee their • NOT departure or
appearance in the new arrival areas
case. • Train Any municipality or territory
An amendment Requires or presupposes • Aircraft where it passed during its trip,
information refers to the that the new information including the place of departure
• Other private
same offense charged in involves different offense and arrival.
or public
the original information or which does not include or
vehicle
to an offense which is not necessarily included
necessarily includes or is in the original charge;
necessarily includes or is hence the accused cannot RULE 111
necessarily included in the invoke double jeopardy
original charge; hence upon the dismissal of the GR: Civil Action is deemed instituted in Criminal Action
substantial amendment to original information. E:
the information cannot be • Waive the civil action
made officer the accused’s • Reserve the right to institute it separately
objection, for if the original • Instituted the civil action prior the criminal action
information would be
withdrawn, the accused
could invoke double When can you reserve the right to institute the civil
jeopardy. action separately?
Does not involve the Involves the dismissal of Before the prosecution starts presenting its evidence.
dismissal of the case. the case.
Independent Civil Actions
Where to file in cases of libel? • Art. 32 – Public officer who violates someone’s
Private Person Public Official rights
1. Where the published 1. Where it was first • Art. 33 – Defamation, Physical Injury, Fraud
material is first printed or published or printed • Art. 34 – Police failure to render aid and protection
published 2. Depends where he • Art. 2176 – Quasi-Delict & Negligence
2. Where he resided works • Art. 31 – Civil Ex Contractu
- Manila
- Or wherever he holds Consolidation
office Only applies when the civil action is constituted prior a
criminal action.
Except: In cases of internet libel, file where the private
person resides or the office of the public official. Possible Situations – Criminal Liability & Civil Liability
Criminal Liable Civil Liable Notes
Summary of Jurisprudence on Venue NO YES Court proved
Crime Venue that there is no
BP 22 Where any of the elements beyond
occurred – once filed in reasonable
any deemed precluded to doubt; Only
file in other places. preponderance
Perjury Where it was subscribed of evidence
Estafa Where it was delivered; YES YES Civil Ex Delicto
Where the abuse of NO NO The criminal act
confidence happened did not exist
VAWC – psychological Where the victim resides YES NO Public Crimes;
abuse No Victims

Reconveyance of Property

ICS (2D)
The Fearless Forecast – Crimpro Finals

GR: Civil Action for reconveyance of property must be filed

where the property is located Summary on Time-Barred Rule in Rule 111
E: Civil Action is impliedly instituted. The court where it was Action Time-Barred
filed can exercise the reconveyance even if the property is Waives the civil action Anytime before the final
not within its jurisdiction. judgment
Reservation of the civil Before the prosecution
BP 22 Cases action presents evidence
NO -- Not allowed to reserve the right to file a separate case Consolidation of the civil While the case is pending
YES – Institute prior civil action or waive the right and criminal case
Prejudicial question Before the prosecution
Effect of Death on Civil Actions rests its case

Dismissed w/o prejudice to any

Rule on Counter-Claim
Before
arraignment
civil action the offended against
the state.
GR: No counter-claim in the same action
E: Independent Civil Action
Extinguish
Delict civil
Sec 4, RULE
liability Rule 112
111
After
arraignment
and during
Legal
represpent Four Instances Where Probable Cause is needed to be
the
pendency of
ative
established.
Independe may be The court may
Rule By who? Probable cause
the criminal
action nt civil continued by the grant a
Minor heirs
action or estate or any guardian ad
other
sources of
legal
representation
litem Sec. 1 & Investigating To determine whether
obligation after substitution
may be
3 of Rule Officer there is sufficient ground
Heirs of
substituted w/o
requiring the
112 to engender a well-
the
accused
appointment of
an executor or
founded belief that a crime
administrator has been committed and
the respondent is
probably guilty, and
should be held for trial.
Prejudicial Question Sec. 6 & Judge To determine whether a
Elements 9 of Rule warrant of arrest or a
1. The previously instituted civil action involves an 112 commitment order, if the
issue similar or intimately related to the issue accused has already been
raised in the subsequent action arrested, shall be issued
2. The resolution of such issue determines whether and that there is necessity
or not the criminal action may proceed of placing the respondent
under immediate custody
Summary of cases on Prejudicial Question in order not to frustrate the
Civil Criminal Prejudicial – ends of justice.
Yes or No? Sec. 5(b) Peace Making a warrantless
Rescission BP 22 No of Rule officer/Private arrest when an offense
Specific Action for Non- Yes 113 persons has just been committed,
Performance to Delivery and he has probable
the HLRUB cause to believe based on
Claim of Estafa No personal knowledge of
ownership facts or circumstances
Nullity of Parricide No that the person to be
Marriage based arrested has committed it.
on Psychological Sec 4 of Judge To determine whether a
Incapacity Rule 120 search warrant shall be
Lawfulness of BP 22 No issued, and only upon
Garnishment probable cause in
Rescission BP 22 No connection with one
*breach of specific offense to be
contract for a determined personally by
conditional sale the judge after

ICS (2D)
The Fearless Forecast – Crimpro Finals

examination under oath or Authorized to conduct a Authorized to approve or

affirmation of the preliminary investigation not the preliminary
complainant and the investigation
witnesses he may P-O-R-N P-C-C-O-D (sa PC nilalaro
produce, and particularly ang COD hehe)
describing the place to be ◼ Provincial or city ◼ Provincial or city
searched and the things to prosecutors and prosecutor
be seized which may be their assistants. ◼ Chief State
anywhere in the ◼ Other officers as Prosecutor
Philippines. may be ◼ Ombudsman or
authorized by his deputy
Executive v. Judicial Determination of Warrant of Arrest law. (i.e
Executive Prosecutor Determine COMELEC,
whether or not Ombudsman)
the court should ◼ Regional and
hear the case. National
Judicial Judge Determine Prosecutors
whether or not
the he should
issue a warrant Summary of Affidavit Doctrines
of arrest. He Santos-Concio Samson Borlongan
weighs the Complainant Interested with If you’re the
affidavit and need not be the no personal affiant, you must
complaints affiant as long as knowledge must have personal
submitted by the he has personal attach affidavits knowledge and
prosecutor. knowledge. of persons with not just personal
personal belief.
In what instance can he go to the Office of the President knowledge.
first? And in what instance can I go to the Court of
Appeals?
Office of the President Court of Appeals Is the clarificatory hearing optional?
Grave Abuse of Yes. Not mandatory.
◼ The offense involved is Discretion
punishable by reclusion Inquest proceeding
Perpetua to death Waives Art.
125
◼ New and material issues Inquest Yes
Not precluded to
are raised which were
Person prosecutor Does the
arrested in determine if accused want apply for bail

not previously
flagrante hte arrest is a PI?
valid No Inquest
presented before the
Department of Justice
and were not, hence Art. 125
ruled upon. Timebound For what penalty?
◼ The prescription of the 12 hours Light penalties
offense is not due to 18 hours Correctional penalties
lapse within six (6) 36 hours Afflictive or capital
months from the notice penalties
of the questioned
resolution MTC that does not require a Preliminary Investigation
◼ The appeal or petition Gives an option to personally evaluate or personally
for review is filed within examine
30 days from notice.
Does the MTC always result to the issuance of warrant of
Persons Authorized to conduct a preliminary arrest?
investigation vs. Authorized to approve or not the No.
preliminary investigation. 1. Summons – the judge is satisfied that there is no
need for accused to be placed under detention

ICS (2D)
The Fearless Forecast – Crimpro Finals

2. Warrant of arrest 7 RTC Resulted in a DISCRETION.

3. Commitment Order – the accused is already conviction of
arrested Reclusion
Temporal or
Lower; Appeal in
Appeal of the Decision of the Prosecutor depending on the CA; without
the penalty bail negating
circumstance
RTC Resulted in a NON-
Reclusion Office of the
conviction of BAILABLE
CA
Prosecutor's
DOJ
Perpetua President
reclusion
Decision Below
Reclusion CA perpetua, life GSA: It's non-
Perpetua
imprisonment or bailable here
death; appeal to under those
GSA Summary of Crespo, Baltazar and Chan the CA; with or circumstances
Crespo: once the info is filed in court, the court now has without Negating because
jurisdiction. and you cannot compel the dismissal even if you Circumstances. automatically
change your mind. the guilt is
Baltazar: Pursuant to Crespo, you cannot dictate the court strong because
to withdraw but the court is convinced that there is no it is good for
evidence, then it can decide to withdraw. Crespo does not conviction.
prohibit the court from dismissing either.
Chan: Don't exaggerate the Crespo doctrine by saying that Where to file Bail?
all appeals are useless once an information is filed in court
because there is still a possibility to convince the court. Situation Place Unavailabilit Exampl
y or absence e
Rule 113: Bail of the judge
The case is Where the ANY RTC, If the
Matter of Right or Discretion pending case is MTC. case is
WHERE STATUS MATTER OF pending. pending
DID YOU RIGHT OR in the
FILE THE DISCRETION? MTC in
CASE? Makati,
1 MTC Pending in MTC RIGHT then in
2 MTC Conviction in RIGHT the MTC
MTC of
3 RTC Filing; Below RIGHT Makati.
Reclusion The accused Any RTC Any MTC. The
Perpetua is arrested, accused
4 RTC Filing; Reclusion DISCRETION but not in is
Perpetua – the place arrested
provided where the in
evidence is not case is Quezon
strong. pending. city, but
5 RTC Filing; Reclusion NON- the case
Perpetua – BAILABLE is
evidence is pending
strong in
6 RTC Resulted in a NON- Makati.
Conviction of BAILABLE. The grant of ONLY in n/a
Reclusion bail is a the court
Temporal or matter of where the
Lower with Bail discretion or case is
Negating released on pending,
Circumstance; recognizanc on trial or
Appeal in the CA. e appeal.

ICS (2D)
The Fearless Forecast – Crimpro Finals

The person ANY court court where the case is

is in custody in the pending, which may, for
but not yet province, good reason, require a
charged in city or different one to be filed.
court. municipalit
y where is Bail not a bar to objections:
held. - Legality of arrest or warrant of arrest
- Lack or irregular preliminary investigation
Bail Negating Circumstances
• Recidivist, Quasi-Recidivist, Habitual Delinquent, Provided that he raises them before entering plea
Violated the Terms of its Bail.
• Escaped prison, Evaded Sentence. Rule 115: Rights of the Accused
• Granted Pardon, Parole but violated its terms.
• Flight Risk Rights of the Accused – ENUMERATION
• There is a chance that he/she will commit a crime P-I-P C-A-S-C-E-T
during the pendency of the appeal. 1. Presumed innocent until the contrary is proved
beyond reasonable doubt.
Amount of bail; Guidelines 2. Informed of the nature and cause of the
GR: NO BAIL SHALL BE EXCESSIVE accusation against him.
Considering the following factors: 3. Present and defend in person and by counsel at
• Penalty of the offense charged every stage of the proceedings, from arraignment
to promulgation of the judgment.
• Weight of the evidence against the accused
4. Compulsory process issued to secure the
• Financial ability of the accused to give bail.
attendance of witnesses and production of other
• Nature and circumstances of the offense evidence in his behalf
5. Appeal in all cases allowed and in the manner
Bail not required; reduced bail or recognizance. prescribed by law.
Situation Effect 6. Speedy, Impartial and Public trial.
A person has been in He shall be released 7. Confront and cross-examine the witnesses
custody for a period or immediately, without against him at the trial. Either party may utilize as
equal to or more than the prejudice to the part of its evidence the testimony of a witness who
possible maximum continuation of the trial or is deceased, out of our cannot with due diligence
imprisonment prescribed the proceedings on appeal be found in the Philippines, unavailable, or
for the offense charged. otherwise unable to testify, given in another case
If the maximum penalty to Released after 30 days of or proceeding, judicial or administrative, involving
which the accused may be preventing imprisonment the same parties and subject matter, the adverse
sentenced is destierro. party having the opportunity to cross-examine him.
A person in custody for a Released on a reduced 8. Exempt from being compelled to be a witness
period equal to or more bail on his own against himself.
than minimum of the recognizance, at the 9. Testify as a witness in his own behalf but subject
principal penalty discretion of the court. to cross-examination on matters covered by direct
prescribed for the offense examination. His silence shall not in any manner
charged, without prejudice him.
application of the
Indeterminate Sentence
Law or any modifying Right to be presumed innocent
circumstance. Imposes upon the People of the Philippines to prove beyond
reasonable doubt not only each element of the crime but
Release on bail also the identity of the accused as the criminal.
Bail is filed with the court Bail is filed with a court
where it is pending. other than where it is
pending. Presumption of Malversation (Perez v. People)
The accused must be The judge who accepted The presumption is merely prima facie and a rebuttable one.
discharged upon approval the bail shall forward it, The accountable officer may overcome the presumption by
of the bail by the judge. together with the order of proof to the contrary. If he adduces evidence showing that,
release and other in fact, he has not put said funds or property to personal use,
supporting papers, to the

ICS (2D)
The Fearless Forecast – Crimpro Finals

then that presumption is at end and the prima facie is • When an accused under custody escapes.
destroyed. Right to defend himself in person
• Upon motion
Authorized
Demands to
Burden of proof
• Sufficiently appears to the court that he can
Officer conducts
accused to reveal
the shortage of
now is on the properly protect his rights without the assistance
an examination accused
funds of counsel.

GSA: You don’t conclude yet. You would ask around “what
Right to Counsel
happened?”
Custodial Investigation
Evidence in Bail
It is only after the investigation ceases to be a general inquiry
The evidence to prove that the person is either entitled or not
into an unsolved crime and begins to focus on a particular
entitled to bail is distinct and separate as to the evidence for
suspect, the suspect is taken into custody, and the police
proof beyond reasonable doubt; Whatever may be the
carries out a process of interrogations that lend itself to
outcome of the bail – prosecutor can still prove guilt beyond
eliciting incriminating statements, that the rule beings to
reasonable doubt.
operate.
Presumption to the right of a person to be innocent in
Custodial investigation also applies to those who are merely
appeal
invited.
Whatever the outcome in trial phase is distinct and separate
as to the appeal phase. The evidence adduce will be
Perez Doctrine: The Right to counsel, which cannot be
different. The prosecutor will still have the burden to prove
waived unless the waiver is in writing and in the presence of
that the accused committed the crime beyond reasonable
counsel, is a right afforded a suspect or accused during
doubt.
custodial investigation. It is not an absolute right and may be
invoked or rejected in a criminal proceeding, and with more
Equipose Rule
reason, in an administrative inquiry.
Where the evidence in criminal case is evenly balance, the
constitutional presumption of innocent tilts the scales in favor
When does the right to counsel attach?
the accused.
P-A-C-A-N-A
1. Preliminary Investigation
Right to be informed
2. Appeal
3. Custodial investigation
Mistake in the name of the accused
4. Arrest
I made a mistake in the name of the accused can I
5. Not mandatory in administrative investigation
change it?
6. Arraignment
Before arraignment After arraignment
Yes Yes Amicable settlement
What is material is not the name of the accused but the An amicable settlement between the parties would abort the
identity. custodial investigation or inquiry on the crime
By settling amicably, accused waives her right to counsel
Material information in a check for a BP 22 case despite the recital of her constitutional rights by the police in
1. Check number the presence of a lawyer
2. Date to determine maturity
GR: You need a lawyer when you’re invited to a NBI
PRO TIP: Memorize crimes against property proceeding in custodial investigation
E: If you settle for an amicable settlement, there is no longer
Right to defend yourself a custodial investigation.
Waiver of the right to be present: Right to Speedy Disposition
• GR: The accused may waive his presence at the
trial pursuant to the stipulations set forth in his bail Four factors whether there is a violation to speedy trial
E: His presence is specifically ordered by the L-D-R Pre
court for purposes of identification. 1. Length of the delay
• The absence of the accused without justifiable 2. Defendant’s assertion to the right
cause at the trial of which he had notice. 3. Reason for the delay

ICS (2D)
The Fearless Forecast – Crimpro Finals

4. Prejudicial to the defendant. Voluntary Utterance

Not protected against the right.
Requisites of Double Jeoapardy
V-A-T-B-A Types of identification
1. Valid indictment 1. Mugshot
2. A valid plea 2. Show-ups/Personal confrontation
3. There was an arraignment 3. Police line up
4. Before a competent court
5. Acquitted, convicted or dismissed without consent What are the factors to be considered so that the
of the accused identification is not suggestive?
[O-D-A-L-L-S]
Exceptions to Double Jeopardy 1. Witness Opportunity to view the criminal at the
1. Speedy Disposition time of the crime
2. Insufficiency of Evidence 2. Degree of attention at that time
3. Accuracy of any prior description given by the
Rights Against Self incrimination witness.
4. Level of certainty demonstrated by the witness at
Baloloy Doctrine: Custodial provision on custodial the identification
investigation does not apply to spontaneous statement not 5. Length of time between the crime and the
elicited through questioning by the authorities given in an identification
ordinary manner whereby the suspect orally admitted having 6. Suggestiveness of the identification procedure.
committed the crime. Although the statements were self-
incriminatory, it was done voluntarily. GR: The right against self-incrimination only applies to
communication and testimonials.
The privilege against self-incrimination protects a person E: Drug test where the accused:
only from testimonial compulsion or a compelled testimony • Was arrested for a different crime
of a communicative nature. • Did not volunteer to the drug test
Not covered – Covered • It is the only evidence to point to the crime.
Mechanical Acts Note to self: So if the following requirements are present,
• Asked to stand up with • Handwriting – because then the urine test would be inadmissible and covered by the
several others it is not purely right against self-incrimination.
• Police lineup mechanical
• Blood test Right to Counsel
• Pluck a piece of hair Example: You are being Counsel de parte Counsel de oficio
required for a handwriting in Not absolute Absolute
a criminal case where the
authenticity of your Rule 116: Arraignment
signature is in question. If
you are being required to Meaning: Formally informed of the nature and cause of the
write something in a accusation against him.
document just a receipt for
the good ceased. What happens if there is a flaw in the arraignment?
1. No double jeopardy
• Asking an accused to 2. Assailed decision will be archived
waive his hand in a 3. No trial in absentia
jeepney – akin to a
reenactment that is Duty of the court before arraignment
damning to the 1. Inform the accused of his right to counsel
person and the 2. Ask him if he desires to have one
accused was forced 3. Assign a counsel de oficio to defend him UNLESS the
to do so. accused is:
a. Allowed to defend himself in person; or
Forced reenactment is b. Employed a counsel of his choice
tantamount to an • Duty of the court Is mandatory
uncounseled confession.

ICS (2D)
The Fearless Forecast – Crimpro Finals

• Judge has the duty to protect the rights of the accused, Before arraignment After arraignment
even against their wishes, when it’s clear that he is not in a Archived Trial in absentia
position to validly exercise or waive his rights
Scheduled arraignment and pretrial
Options of the accused before arraignment: From the date the court acquires jurisdiction over the
1. Motion to quash person of the accused.
2. Bills of Particular Person is detained Person not detained
3. Suspension of arraignment 10 days 30 days
4. Challenge the validity of the arrest Which is either his arrest or surrender
Suspension of arraignment
Rule 117: Motion to Quash
1. The person is suffering of an unsound mind.
2. Prejudicial Question
Purpose of a motion to quash
3. Petition for review of the resolution either in the
The motion to quash is to allege that the information or
Department of Justice or the Office of the
complaint is defective.
President. But must not exceed 60 days from the
filing of the petition with the reviewing office.
The grounds to motion to quash
F-O-O-D P-O M-E-A
How is the third ground of suspension different from the
1. Facts do not constitute an offense
Crespo doctrine?
2. Over subject matter – jurisdiction
DOJ or OCP Crespo
3. Over the person – jurisdiction
(Suspension) Doctrine
4. Double Jeopardy
When was the Before a trial During trial. 5. Prescribed form is not followed
PetRev filed?
6. Officer who filed the information has no authority.
7. More than one offense charged
8. Extinguished liability or action
Plea of Not Guilty 9. Averments, if true, would be legal justification.
1. Refuses to plead
2. Conditional Plea Omnibus Motion Rule
3. Pleads guilty but with exculpatory evidence GR: If they are not invoked before arraignment, they will be
waived.
E:
People v. Magat 1. Facts do not constitute an offense
It is the essence of a plea of guilty that the accused admits 2. Over the subject matter
absolutely and unconditionally his guilt and responsibility for 3. Double Jeopardy
the offense imputed to him. Hence, an accused may not foist 4. Extinguished Criminal Liability
a conditional plea of guilty on the court by admitting his guilt
provided that a certain penalty will be meted unto him. Bars Requires Court
Accused-appellant's plea of guilty is undoubtedly a further Evidenc may take
conditional plea. Hence, the trial court should have vacated prosecuti e cogniza
such a plea and entered a plea of not guilty for a conditional on Aliunde nce
moto
plea of guilty, or one subject to the proviso that a certain propio
penalty be imposed upon him, is equivalent to a plea of not Facts do No No No Superficial
guilty and would, therefore, require a full-blown trial before not
judgment may be rendered. constitute
an
offense
Situation: Conditional Plea Jurisdicti No No Yes Fundamental
Conditional
Court must
vacate the plea
Double on over
Plea and enter not
Judgment Jeopardy
attaches
the
guilty
subject
matter
Situation: People v. Magat Extinctio Yes Yes No Fundamental
n of the
Conditional Arraignment
No valid
double
criminal
Judgment
Plea is void
jeopardy liability
Double Yes Yes No Fundamental
Jeopardy
Summary if accused is absent

ICS (2D)
The Fearless Forecast – Crimpro Finals

Bail and Motion to Quash vs. Jurisdiction Subject Matter The damages in falsification of public documents are not
and Over the Person necessary to prove the conviction of the accused. While in
Ground that a Once a person posts bail RA 3019, damage is an essential element.
person can Before After Thus, they can be filed separately.
invoke arraignment arraignment
Jurisdiction over Jurisdiction over Ivler v. San Pedro
the person the subject The doctrine that the reckless imprudence is a single quasi-
Jurisdiction over matter offense by itself and not merely a means to commit other
the subject crimes such that conviction or acquittal of such quasi-
matter offense bars subsequent prosecution for the same quasi-
offense, regardless of its various resulting acts. And, as the
Antone v. Beronilla careless act is single, whether the injurious result should
The material point is the status of the marriage at the time affect one person or several persons, the offense (criminal
the second marriage was contracted. negligence) remains one and the same, and cannot be split
into different crimes and prosecution.
People v. Laggui
The presence of the first and third element of the offense Ivler Doctrine: Barred by Double Jeopardy
constitutes a prima facie evidence that the second element Reckless Imprudence
resulting to homicide
exists = Valid information.
One Criminal Act
Reckless imprudence
Note to self: Laggui’s initial dismissal was anchored on the resulting to physical
injuries
wrong premise: That the information was invalid.
Navaja v. De Castro: Barred by Double Jeopardy
the information is Double jeopardy Obstruction
invalid premise dismissal of Justice
invalid attaches March 9:
Criminal Act
MTC Jagna
Double jeopardy
Valid premise Valid information Dismissal
attaches Navaja
Obstruction
March 15: of Justice
Criminal Act MTC Eventually
Before a court of competent jurisdiction Tagbilaran convicted

1. Violation of the law -- BP 129, Sandiganbayan Law.

2. There happens to be an injunctive order by the higher The court said that while information pertain to acts that were
court which you are violating. (Villalon v. Chan) done days apart and in different locations, the Court holds
that petitioner should only be charged and held liable for a
single violation of PD 1829 (Obstruction of Justice). This is
w/o the lawyer
can appear for
Pending in the CA
because the alleged acts, albeit separate, were motivated by
the party Issued a TRO a single criminal impulse -- that is, to obstruct or impede the
Filed a case for
interlocutory
Final Judgment:
preliminary investigation.
bigamy in the RTC RTC dismissed.

Exceptions to double jeopardy

1. The graver offense developed due to supervening
3. Exclusionary principle: This is also saying that even if you facts arising from the same act or omission
have a pending motion to withdraw, if its not acted upon, the constituting the former charge
first court to acquire jurisdiction has jurisdiction to the 2. The facts constituting the graver charge became
exclusion of any other court. (People v. Honrales) known or were discovered only after a plea was
entered in the former complaint or information
Case 1 filed first in the
Parricide Pending
3. The plea of guilty to the lesser offense was made
RTC
without the consent of the prosecutor and of the
offended party except as provided in Section 1(f)
Case 2 subsequently
filed in MTC
Reckless Imprudence
resulting to Homicide
Resulted in conviction of Rule 116.

Action by the Prosecution to the Accused

4.De Grano Doctrine (Check later)
Charged Conviction
Suero v. People
Higher Lesser Offense Allowed; Double
Offense Jeopardy attaches

ICS (2D)
The Fearless Forecast – Crimpro Finals

Lesser Higher Offense Not allowed appropriate remedy is to

Offense file a motion to quash.
Sec 4, 5, 6, 7 -- double Express consent of the
People v. Torres jeopardy accused is not intended to
Charged Convicted Appealed by Result lead to double jeopardy as
Higher Lesser The Double provided under Section 7,
Offense Offense Prosecution Jeopardy nevertheless creates a bar
attaches to further prosecution
Accused Opens the under the special term of
case to section 8
whatever
judgment – he Rule 118: Pre Trial
can be
convicted of What is the purpose?
the higher It is for the purpose of considering the following:
offense or P-M-S Wo-M-Matt
exonerated • Plea bargaining
completely • Marking of identification of evidence of the parties
• Stipulation of facts
Provisional Dismissal • Waiver of objections to admissibility of evidence
• Modification of the order of trial if the accused
Time barred admits the charge but interposes a lawful
Punishable by Permanency defense.
Imprisonment • Matters as will promote a fair and expeditious trial
6 years or more After 2 years of the criminal and civil aspects of the case.
Less than 6 years After 1 year
Pre-trial Agreement Order
If it is for provisional dismissal, what is the Purpose All agreements Reciting the:
requirement? or admissions - actions
There is consent of the accused. made or taken
entered during - the facts
Revival is counted from where? the pre-trial stipulated
From the notice of the offended party. The better rule is that conference. - Evidence
the reckoning period should commence to run from the time marked
such private counsel was actually notified of the order of Form Writing The court issues this.
provisional dismissal. Signed by the Within 10 days after
accused and the termination of the
Motion to Quash Provisional Dismissal counsel. pre-trial.
Permanent and barred by Temporary in Character
Double Jeopardy Recorded and
Filed by the accused Filed by either parties the transcript
Filed before arraignment Filed after arraignment shall be
and during trial prepared and
Grounds are specified Does not state the the minutes
under sec. 3; this grounds that lead to signed by the
delimitation of the grounds provisional dismissal; parties and/or
available in a motion to When a ground does not counsel
quash suggests that a appear under section 3, Other notes If not followed, Bind the parties, limit
motion to quash is a class this is the proper remedy. the admissions the trial to matters
in itself, with specific and cannot be used not disposed of and
closely-defined against the control the course of
characteristics under the accused. the action during the
Rules of Court. When the trial.
ground is one of those
listed in Section 3, then the

ICS (2D)
The Fearless Forecast – Crimpro Finals

Unless, modified by 2. For purposes of identification

the court to prevent 3. Promulgation of judgment
manifest injustice.
Before arraignment After arraignment
Bayas v. Sandiganbayan Archived Trial in absentia
Pre-trial agreement to be binding on the accused, it must
satisfy the following conditions: Demurrer of Evidence
1. The agreement or admission must be in writing
2. It must be signed by both the accused and their counsel. When to file
Motion to Quash Before Arraignment
Summary Procedure, Judicial Affidavit Rule & Demurrer of Evidence After arraignment; After
Continous Trial prosecution has already
presented its case.
Summary Procedure
1. Violation of traffic laws, rules and regulation Motion for Demurrer Result
2. Violation of rental law Leave
4. Violations of municipal or city ordinances. ✔︎ ✔︎ Acquittal
5. All other criminal cases where the penalty prescribed by ✔︎ ✖︎ Accused will have the right
law for the offense charged is imprisonment not exceeding denied to adduce evidence
six months or a fine not exceeding 1,000, or both, ✖︎ ✔︎ Judgment shall be based
irrespective of other imposable penalties, accessory or filed on the evidence given
otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property
Cabador v. People
through criminal negligence, this Rule shall govern where
What tells us that it was actually not a demurrer?
the imposable fine does not exceed ten thousand (10,000)
Because it was filed before the prosecution rests its case.
which means that it’s not in the nature of demurrer.
Cross-
Exchange of Preliminary examination;
Valid judgment
documents Conference Rebuttal;
Surrebutal A demurrer to evidence assumes that the prosecution has
already rested its case.
Judicial Affidavit Rule Definition of rested its case.
1. Prosecution filed its formal offer of exhibits
Whom is it applicable? 2. Trial court gave an opportunity for the accused to object
This rule shall apply to criminal actions: the admission of those exhibits
1. where the maximum of the imposable penalty does not 3. The court needs to rule on the formal offer.
exceed 6 years.
2. where the accused agrees to the use of judicial affidavit, Salazar v. People
irrespective of the penalty involved. Demurrer with Leave of Demurrer without Leave
3. With respect to the civil aspect of the actions, whatever
Court of Court
the penalties involved are.
Ask for the presentation of Judgment shall only be
evidence for the civil aspect based on the evidence
RTC Optional to the accused already adduced.
MTC Mandatory
GSA: And when it is optional based on the JA rule, it is Salazar thought process
optional on the part of the accused. His choice.
Accused has
With the right to
Civil case leave of adduce
is Judgment court evidence for
Judicial Affidavit option belongs to: deemed
instituted
Arraignm
ent
Prosecuti
on rested
Filed a
Demurrer
:
Acquitted
civil laiblity

Judicial Affidavit Continuous Trial in a

criminal
its case but civilly
liable
Without
leave of
The
judgment
Accused Prosecutor
case
court is proper

Rule 119: Trial

Demurrer and Double Jeopardy
Three instances when the presence of the accused is Even though it is an action with the consent of the accused.
mandatory: Falls within the exception of double jeopardy.
1. Arraignment

ICS (2D)
The Fearless Forecast – Crimpro Finals

Deposition in Criminal Cases Arrest Admissibility of

For purposes of taking the deposition in criminal cases, more evidence
particularly of a prosecution witness who would foreseeable When to Before Anytime
be unavailable for trial, the testimonial examination should raise arraignment
be made before the court, or at least before the judge, where
the case is pending as required by the clear mandate of. (Go Cogaed v. Calantiao Doctrine
v. People) Cogaed Calantiao
Quick Facts The police received an There was a shootout
Discharge of State Witness information through text that was reported by
message. So the police the jeepney driver who
T-A-M-P set up checkpoints in was at the scene of
- Two or more accused are jointly charged with the order to intercept the the crime. The police
commission of an offense suspect. When the officer respondent
jeepney arrived, the immediately. When
- Accused gives his consent to be a state witness driver pointed out the they arrived to the
- Motion for discharge is filed by the prosecution before it perpetrators. The bag scene, Calantiao
rests its case. allegedly contained aimed at them and
contraband was ran. The police was
- Prosecution is required to present evidence and the sworn required to be opened able to catch him and
statement of each proposed state witness at a hearing in under intimidating upon checking of his
support of the discharged circumstances. So, bag they discovered
therefore, it was not in illegal drugs.
- The court is satisfied that: plain view.
S-A-N-S-A Validity Invalid Valid
1. Substantially Corroborated Source Resulted from a tip
2. Absolute Necessity Personal No Yes
3. No other direct evidence Knowledge
4. Said accused have not been convicted of a crime Inadvertent No Yes
involving moral turpitude
5. Accused is not the most guilty What is the reason for me searching if its already a
situation of arrest?
Rule 113 & Rule 126 It is me discovering something for the purpose of protection:
1. Law enforcers from the injury that may be inflicted
Valid Arrest without warrant on them by a person they have lawfully arrested
1. In flagrante delicto 2. Evidence from being destroyed by the arrestee
2. Hot pursuit
3. Escape penal establishment Luz Doctrine
GSA: No matter what happens, no matter if I get you
How are those two (in flagrante and hot pursuit) convicted with that ordinance, you are not going to be
different? arrested because you’re not going to prison anyways. And
In Flagrante Hot Pursuit therefore, I cannot use that as a valid warrantless arrest and
The Police officer needs to The police only need in turn, invalid search that is incidental to an arrest. Maybe if
actually see it personal knowledge; It will it were plain view, but it wasn't.
only come up when there is
a tip. Search Warrant v. Warrant of Arrest
Warrant Search Warrant of
Incidental Search to a valid arrest Warrant Arrest
Valid Arrest Valid seizure Probable Cause Yes Yes
Judge Yes Yes
Personal Yes Yes
Waived right to the
Responsibility
Search and Seizure
Raised after
arrest
Personal Mandatory Optional
Examination
Valid Arrest incidental to the
arraignment
arrest
Admissible
evidence Personal Mandatory
Evaluation
Waive right to the Ex-parte Yes
arrest
Search and seizure
Invalid Raised after
incidental to the
arrest arraignment
arrest Inadmissible

Hot Pursuit
evidence

1. Police officer did not actually see it

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The Fearless Forecast – Crimpro Finals

2. It is immediate enough • Determine whether circumstances which

3. Personal Knowledge the civil liability attended its
might arise did not commission
GSA: What is considered immediate? Im a cry baby and I exist. • The participation of
got into a fight, im a lawyer, and i told the police. and it was the accused in the
not so immediate. It took the police some time to get to me. offense whether as
Still valid in Pestillos? In Jayson it might be obvious, principal,
because if i look at the circumstances then it looks like it just accomplice, or
happened. Okay yun ah. In pestillos, it was a call, not the accessory
same as jayson, but the SC still said its okay. • Penalty imposed
When the police reached the situation, there appeared to be upon the accused
bruises and wounds on the lawyer. • Civil liability or
damages
How about in Reyes? Also a tip. Not a valid warrantless.
So how were they different? BP 22 and Estafa
In reyes, it was not a valid arrest because at the time they Even if they are one set of facts, they can give rise to two
made the arrest the woman did not commit anything illegal separate criminal action. Because a single criminal act may
that should arouse to the suspicion of the police officer. give rise to a multiplicity of offenses and where there is
variance or differences between the elements of an offense
What's so wrong with the Reyes Case? is one law and another law.
At the point of which where the dragon lady brought it out of
her bra is because the police officer stopped her and asked Essentially, while a BP 22 case and an estafa case may be
her. There was intimidation. rooted from an identical set of facts, they nevertheless
present different causes of action, which, under the law, are
Rule 120 and Appeals considered "separate, distinct, and independent" from each
other. Therefore, both cases can proceed to their final
Judgment Promulgation adjudication -- both as to their criminal and civil aspects --
• Adjudication by • Reading of subject to the prohibition on double jeopardy.
the court that the judgment in
accused is guilty open court. Ivler Doctrine – Invalid Judgment – No Double Jeopardy
or not guilty of the Reckless Imprudence
offense charged. resulting to homicide

• Imposition on him One Criminal Act

of the proper Reckless imprudence

resulting to physical
penalty and civil injuries

liability.
Sevilla Doctrine
What happens if the accused is absent? Reckless
Acquittal Conviction One Criminal
Imprudence

Accuse benefits from the GR: Accuse loses the Act

Not Reckless
acquittal remedies available Imprudence

E: Light offense – the

judgment may be Variance Doctrine
pronounced in the presence When there is variance between the offense charged in the
of his counsel or complaint or information and that proved, and the offense as
representatives. charged is included in or is necessarily includes the offense
proved, the accused shall be convicted of the offense proved
Contents of a valid judgment which is included in the offense charged, or of the offense
Acquittal Conviction charged which is included in the offense proved.
• Whether the • Legal qualifications
evidence of the of the offense GSA: The rule is written in a confusing manner diba. Big
prosecution constituted by the crime, small crime. I charged you with a big crime, I can
absolutely or acts committed by convict you with a small crime that is inside the big crime. I
merely failed to the accused and the charged you with the small crime, and my evidence was so
prove guilt beyond aggravating or good that I was able to prove something larger that is
reasonable doubt. mitigating connected. What must the court do?

ICS (2D)
The Fearless Forecast – Crimpro Finals

The answer is you can only be convicted of the original crime Question of Law Rule 45 – Must directly to
charged if it is smaller. If you were charged with something the SC.
larger and I proved something that is necessarily included, Question of Fact Ordinary Appeal taken to
then I can convict you of the smaller crime. Both the CA.

Hierarchy of courts RTC acting in its appellate jurisdiction

SC
RTC -
CA/SB Rule
MTC appellate SC
42
CA/SB jurisdiction

RTC GSA: In which case, a RTC acting in its appellate jurisdiction

whether its decision is pure questions of law or fact or mix is
MTC now taken to the CA by petition for review Rule 42.

Where the conviction is for an imposable penalty of

Reclusion Perpetua
In any question of appeals or remedies, forget about If, on the other hand, its a criminal case. And the criminal
everything else. The first thing you always look at is what is case imposes a penalty of reclusion perpetua or life
the order or decision that you are challenging. Always. Start imprisonment -- and we are therefore, sure that it is within
with that. Is it interlocutory, original jurisdiction or appellate the original jurisdiction of the RTC, then my mode of appeal
jurisdiction? after that is still the same. Ordinary appeal to the CA. And
here is the big difference, if after the CA the decision is still
Interlocutory Proceeding conviction and the imposable penalty is still imposable
Under jurisprudence, you follow the hierarchy of courts to the penalty is still reclusion perpetua or life, this is the rare
next higher. situations where it is appealable to the Supreme Court not
Motion for
Reconsideration
by Rule 45 but by ordinary appeal. Which means it is one of
Interlocutory
the rare situations where the SC can take a look on
questions of fact.
Rule 65: Certiorari

Summary of RTC appeal

GSA’s Example of Question of Fact and Question of Law
Ordinary
Question of Fact Question of Law Question of
Fact/Both
appeal to
the CA
I beat a red light. And it I beat a red light. It
Question of Rule 45 to
becomes a litigation. And becomes a litigation. And I Origninal Law the SC

the dispute is, boss yellow say, yup its red because
Jurisdiction
Conviction
Penalty in the CA
parin nung tumawid ako. red means go pilipinas to RTC imposed is
Reclusion
Ordinary
Appeal to
with
penalty of
Ordinary
appeal to
So we are disputing fact. eh. Question of Law. We do Perpetua
the CA
reclusion
perpetua
the SC

not debate the facts, we are Appellate

Jurisdiction
Rule 42 to
the CA
asking what is the law
applicable.
GSA: The RTC now is acting on a case that was brought up
from the MTC -- same rule ah, diyan gumugulo ha -- even if
MTC elevated by certiorari it doesn't matter. I look at the RTC
Mode of Appeal decision whether it in itself is interlocutory or final. Not
Question of Law Ordinary Appeal or minding where it came from. RTC decision now in that case
Question of Fact Notice of Appeal that I gave says that denies halimbawa the matter brought
Both up from the MTC. And my challenge is a pure question of
law of that RTC decision. And that decision is final, not
RTC interlocutory. What is my remedy?
Interlocutory in RTC Rule 45, SC.
Apply rules on interlocutory
GSA: A higher court can rule on an interlocutory matter but
Final Decision in the RTC that decision is final in itself diba. Gets ba. If its interlocutory
Mode of Appeal at the bottom, and went up -- that court is called upon
ultimately to decide whether that interlocutory matter was

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The Fearless Forecast – Crimpro Finals

resolved correctly. And that to him is his final obligation. That

RTC, like i said, final decision order wants to be challenged
now for a pure question of law.

CA or SGB to SC
Always Rule 45

GSA: After the CA and the SB, if you still have a question of
fact only and you don’t have a question of law. That is the
end of it. Theoretically.

De Grano

Normal – Double jeopardy.

Absent during
arraignment absent during trial promulgation;
acquittal

De Grano – Jeopardy does not attach.

Absent during
Motion for
Arraignment promulgation; Acquittal
Reconsideration
Conviction

Doctrines of De Grano
1. No competent court jurisdiction – The court acted
beyond its powers when it considered the motion
for reconsideration considering that the accused
was not present during the promulgation of
judgment.
2. Not a valid acquittal
3. It is important that the accused is present during
the promulgation of judgment for conviction;
Otherwise, he loses the right to avail the remedies
under the rules.

ICS (2D)