 Criminal Procedure

 Matthew tobias solomon

 THE REVISED RULES OF CRIMINAL PROCEDURE
Rule 110 – Prosecution of Offenses (16)

Rule 111 – Prosecution of Civil Action (7)

Rule 112 – Preliminary Investigation (8)

Rule 113 – Arrest (14)

Rule 114 – Bail (26)

Rule 115 – Rights of the Accused (1)

Rule 116 – Arraignment and Plea (11)

Rule 117 – Motion to Quash (9)

Rule 118 – Pre- Trial (4)

Rule 119 – Trial (24)

Rule 120 – Judgment (9)

Rule 121 – New Trial or Reconsideration (6)

Rule 122 – Appeal (12)

Rule 123 – Procedure in MTC (1)

Rule 124 – Procedure in CA (18)

Rule 125 – Procedure in the SC (3)

Rule 126 – Search and Seizure (14)

Rule 127 – Provisional Remedies in Criminal Cases (2)

 REMEDIAL LAW
- Is that branch of law which prescribes the method of enforcing rights or obtaining redress
for their invasion (Bustos vs. Lucero, 81 Phil. 640)

- Also known as ADJECTIVE LAW PROCEDURAL LAW

 SUBSTANTIVE LAW

- Is one which creates, defines and regulates rights (Bustos vs. Lucero, 81 Phil. 640)
The Supreme Court promulgated the Rules of Court in accordance with the mandate provided for
in the Constitution which provides:

“The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleadings, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged.” (Sec. 5 [5], 1987 Constitution)
 CRIMINAL PROCEDURE

Is the method prescribed by law for the apprehension and prosecution of persons accused
of any criminal offense, and for their punishment in case of conviction.
 Criminal Procedure
 A proceeding whereby the state prosecutes a person for an act or omission punishable by
law.
 Criminal proceeding
 Means proceedings before the trial court from arraignment to rendition of judgment.
 Civil Action
 Which a party sues another for the enforcement of protection of a right, or the prevention
or redress of a wrong.
 Special proceeding
 Is a remedy which a party seeks to establish a status, a right or particular facts.
 JURISDICTION

Is the power to hear and decide cases. It is the power with which courts are invested with
the power of administering justice, that is, for hearing and deciding cases.

 DISTINGUISH
 JURISDICTION
- Is the authority to hear and determine a case

- Is a matter of substantive law

- Establishes the relation between the court and the subject matter

- Fixed by law and cannot be conferred by the parties

 VENUE
- Is the place where the case is to be heard and tried

- Is a matter of procedural law

- Establishes the relation between plaintiff and defendant or petitioner or respondent

- May be conferred by the act or agreement of the parties

  INQUISITORIAL SYSTEM
The detection and prosecution of crimes are left to the initiative of officials and agents of
the law.

The procedure is characterized by SECRECY and the judge is not limited to the evidence
brought before him but could proceed with his own inquiry which is not
confrontative.
 ACCUSATORIAL SYSTEM
The accusation is exercised by every citizen.

The procedure is confrontative and the trial is publicly held and ends with the magistrate
rendering the verdict.
 MIXED SYSTEM
It is a combination of the inquisitorial and the accusatorial system.

It characterizes the criminal procedures observed in the Philippines.

 JURISDICTION OVER THE SUBJECT MATTER
 Jurisdiction over the class of cases to which the particular case belongs; It is defined by
law; determined by the extent of the penalty which the law imposes based on the facts
as recited in the complaint/information constitutive of the offense charged.
 General Rule
 General rule: The court‘s jurisdiction to try a criminal action is to be determined by the law
at the time of the institution of the action. [Palana vs People (2007)]

 Succeeding legislation placing jurisdiction in another tribunal will not affect jurisdiction
already obtained by a court.
 Principle of adherence of jurisdiction/continuing jurisdiction
 jurisdiction continues until the court has done all that it can do in the exercise of that
jurisdiction. Once vested, it cannot be withdrawn or defeated by a subsequent valid
amendment of the information. [People vs Chupeco (1965)]
 Exception: Where the succeeding statute expressly provides, or is construed that it is
intended to operate to actions pending before its enactment,
 in which case the court where the criminal action is pending is ousted of jurisdiction and
the pending action will have to be transferred to the other tribunal, which will continue the
proceeding.
 JURISDICTION OVER THE TERRITORY
The offense must have been committed or any of its essential ingredients took place within
the territorial jurisdiction of the court.

It cannot be waived and where the place of the commission was not specifically charged,
the place may be shown by evidence.
 JURISDICTION OVER THE PERSON OF THE ACCUSED
The person charged with the offense must have been brought to its forum for trial, forcibly
by warrant of arrest or upon his voluntary submission to the court. [Antiporda vs
Garchitorena (1999), citing Arula vs Espino (1969)]
 It is aquired either by

  ARREST of person or
  VOLUNTARY SUBMISSION by the person

 JURISDICTION OF THE MTC

The MTC, MeTC, MCTC, and MTCC has jurisdiction over offenses punishable by
imprisonment for a period of 6 years or less.

The RTC has jurisdiction over offenses punishable by imprisonment exceeding 6 years

 Except in cases covered by summary proceedings to wit;

 Violations of traffic laws/rules/ regulations;

 - Violations of rental law;
 Cases where the penalty prescribed by law for the offense charged is imprisonment
not exceeding 6 months, or a fine not exceeding P1,000, or both, irrespective of other
imposable penalties, accessory or otherwise, or of the civil liability arising therefrom:
Provided, however, that in offenses involving damage to property through criminal
negligence
 Exception
 a criminal case falling under the aforementioned list where the offense charged is
necessarily related to another criminal case subject to the ordinary procedure.
 Jurisdiction where fine is the only penalty

The MTC, MeTC, MCTC, and MTCC has jurisdiction where the fine is P4,000.00 or less.

The RTC has jurisdiction where the fine is more than P4,000 except in cases of criminal
negligence involving damage to property which falls under the exclusive jurisdiction
of the MTC.

If the offense is a complex crime

Jurisdiction over the whole complex crime lodged with the trial court having jurisdiction to
impose the maximum and most serious penalty imposable of an offense forming part
of the complex crime.

It must be prosecuted integrally and must not be divided into component offenses which
may be subject of multiple information brought in different courts.
 JURISDICTION OVER LIBEL CASES

Although punishable by prision correccional, jurisdiction falls within the RTC.

  JURISDICTION OVER VIOLATIONS OF DANGEROUS DRUGS

Regardless of penalty, the jurisdiction falls within the RTC

 The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving:
(a) Violations of RA 3019 as amended (Anti-Graft and Corrupt Practices Act) and Violations
of RA 1379 (Ill-Gotten Wealth Act)

(b) Other offenses or felonies whether simple or complexed with other crimes committed by
public officials and employees mentioned in Sec. 4(a), PD 1606 as amended by RA
7975 in relation to their office.
 OFFICIALS UNDER THE EXCLUSIVE JURISDICTION OF THE SANDIGANBAYAN

(1) Those expressly enumerated in PD 1606, as amended by RA 8249; Violations of RA

3019, RA 1379

(2) Officials of the executive branch, occupying salary grade 27 and higher, which includes
– (e) Officers of the PNP, while occupying the position of provincial director and those
holding the rank of senior superintendent or higher
(3) Members of Congress and officials thereof classified as Grade'27'and up under the
Compensation and Position Classification Act of 1989

(4) Members of the judiciary without prejudice to the provisions of the Constitution

(5)Chairmen and members of Constitutional Commissions, without prejudice to the provisions of

the Constitution

(6) Other offenses or felonies whether simple or complexed with other crimes committed by
public officials and employees in relation to their office

 Under RA 8369
(1) Criminal cases where one or more of the accused is below 18 years of age but not less
than 9 years of age or;

(2) Where one or more of the victim is a minor at the time of the commission of the offense
(3) Cases involving violence against women and their children.
 Money laundering cases shall be under the jurisdiction of the RTC
 Exception: those committed by public officers and private persons in conspiracy with
public officers shall be under the jurisdiction of the Sandiganbayan.
 RULE 110- PROSECUTION OF OFFENSES
 SECTION 1.

INSTITUTION OF CRIMINAL ACTIONS

 FOR OFFENSES WHERE PRELIMINARY INVESTIGATION IS REQUIRED
By filing the complaint or information for purposes of conducting the requisite preliminary
investigation.

(required for offenses where the penalty prescribed by law is at least 4 years, 2 months, and
1 day [prision correcional in its medium period] without regard to the fine)
And for all other offenses

By filing the complaint or information directly with the Municipal Trial Court and MCTC,
or the complaint with the office of the prosecutor.

In Manila and other chartered cities, the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their charters. (Rule 110, Sec. 1 [b])
 SECTION 2.

FORM OF THE COMPLAINT OR INFORMATION

 COMMON REQUISITES AS TO THE FORM OF COMPLAINT AND OF

INFORMATION
(a) In writing

(b) In the name of the People of the Philippines; and

(c) Against all persons who appear to be responsible for the offense involved
 SECTION 3.

COMPLAINT DEFINED

 COMPLAINT

Is a sworn written statement charging a person with an offense subscribed by the offended
party, any peace officer, or public officer charged with the enforcement of the law
violated.
 REQUISITES
(a) It must be in writing and under oath;

(b) It must be in the name of the People of the Philippines;

(c) It must charge a person with an offense; and

(d) It must be subscribed by the offended party, by any peace officer charged with the
enforcement of the law violated
 PERSONS WHO CAN FILE A COMPLAINT
(a) Offended party

(b) Any peace officer

(c) Other public officer charged with the enforcement of the law violated
 SECTION 4.

INFORMATION DEFINED

 INFORMATION

Is an accusation in writhing charging a person with an offense, subscribed by the

prosecutor and filed with the court.
 REQUISITES
(a) It must be in writing;

(b) It must charge a person with an offense;

(c) It must be subscribed by the prosecutor;

(d) It must be filed in court

 PERSONS AUTHORIZED TO FILE INFORMATION
(a) City or provincial prosecutor and their assistants; and

(b) Duly appointed special prosecutors

 General Rule: Prosecution in the RTC is always commenced by information
Exceptions:

(a) In certain crimes against chastity (concubinage, adultery, seduction, abduction, acts of
lasciviousness) and;

(b) Defamation imputing any of the aforesaid offenses wherein a sworn written complaint is
required in accordance with Sec. 5 of this Rule
 DISTINCTIONS
 COMPLAINT
Subscribed by the offended party,
any peace officer or public officer charged with the enforcement of the laws violated
It may be filed in court or prosecutor’s office
It must be under oath
Usually refers to private crimes
 INFORMATION
Subscribed by the fiscal
Filed with the court

Need not be under oath

Usually refers to public crimes
 SECTION 5.

WHO MUST PROSECUTE CRIMINAL ACTIONS

 FULL DISCRETION AND CONTROL OF THE PROSECUTOR

All criminal actions commenced by a complaint or information shall be prosecuted under

the discretion and control of the prosecutor.
 Who is a prosecutor?
 The public prosecutor is a quasi-judicial officer and a representative of sovereignty whose
obligation to govern impartially is as compelling as its obligation to govern at all
The institution of a criminal action depends upon the sound discretion of the fiscal. But
once the case is already filed in court, the same can no longer be withdrawn or
dismissed without the court’s approval. Should the fiscal find it proper to conduct a
reinvestigation of the case at such stage, the permission of the court must be secured.
(Crespo vs. Mogul, G.R. No. L-53373, June 30, 1987)
 Who is a private prosecutor?
 The private prosecutor is the attorney representing the offended where the civil action for
recovery of civil liability is instituted with the criminal case
 CONDITIONS FOR A PRIVATE PROSECUTOR TO PROSECUTE A CRIMINAL
ACTION
(a) The public prosecutor has a heavy schedule, or there is no public prosecutor assigned in
the city or province;

(b) The private prosecutor is authorized in writing by the Chief of the Prosecutor Office or
the RSP;

(c) The authority of the private prosecutor must be approved by the court;

(d) The private prosecutor shall continue to prosecute until the end of the trial unless the
authority is withdrawn;

(e) In the case of the withdrawal or revocation of the authority of the private prosecutor,
the same must approved by the court.
 PRIVATE CRIMES
Are those which cannot be prosecuted except upon complaint filed by the offended party.

(this legal requirement was imposed out of consideration for the aggrieved party who might
prefer to suffer the outrage in silence rather than go through the scandal of public trial)
 PROSECUTION OF PRIVATE CRIMES

WHO MAY PROSECUTE?

  CONCUBINAGE AND ADULTERY
- Only by the offended spouse who should have the status, capacity, and legal
representation at the time of the filing of the complaint, regardless of age.

- When the complainant had already been divorced, he can no longer file the complaint

- Both guilty parties must be included in the complaint

- The offended party did not consent to the offense nor pardoned the offenders
 SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
Prosecuted exclusively and successively by the following persons in this order:

(a) by the offended woman;

(b) by the parents, grandparents or legal/judicial guardians in that successive order,

or if the offended party is incompetent or incapable of doing so;

(c) by the state pursuant to the doctrine of PARENS PATRIAE

 DEFAMATION IMPUTING TO A PERSON ANY OF THE FOREGOING CRIMES

OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION OR ACTS OF
LASCIVIOUSNESS

Can be prosecuted only by the party or parties defamed.

 WHO CAN GIVE PARDON?

 CONCUBINAGE AND ADULTERY

Only the offended spouse, not otherwise incapacitated, can validly extend the pardon or
consent contemplated therein.
 SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
(a) The offended minor, if with sufficient discretion can validly pardon the accused by
herself if she has no parents or where the accused is her own father and her mother is
dead;

(b) The parents, grandparents or guardian of the offended minor, in that order cannot
extend a valid pardon in said crimes without the conformity of the offended party,
even if the latter is a minor;

(c) If the offended woman is of age and not otherwise incapacitated, only she can extend a
valid pardon
 Note:
The pardon refers to a pardon BEFORE the filing of a criminal complaint in court. Pardon
effected after the filing of the complaint in court does not prohibit the continuance of
 the prosecution of the offense except in case of marriage between the offender and the
offended party.

The acquittal or death of the accused in the crime of adultery does not bar the prosecution
of the other accused.

Desistance of the complainant does not bar criminal prosecution but it operates as waiver
of the right to pursue civil indemnity.
 SECTION 6.

SUFFICIENCY OF COMPLAINT OR INFORMATION

 CONTENTS OF A VALID COMPLAINT OR INFORMATION

(a) Name and surname of the accused, or any appellation or nickname by which he is
known or has been known;

(b) The designation of the offense;

(c) The acts or omissions complained of as constituting the offense;

(d) The name of the offended party;

(e) The approximate date of the commission of the offense;

(f) The place where the offense was committed.

 SECTION 5.

NAME OF THE ACCUSED

(a) If the NAME is KNOWN, the name and surname of the accused or any appellation or
nickname by which he has been or is known must be stated.

(b) If the NAME CANNOT BE ASCERTAINED, a fictitious name with a statement that his
true name is unknown:

(c) If the true name thereafter is ascertained, such name shall be inserted in the complaint
or information.

(d) While one or more persons, along with specified and named accused may be sued as
“John Does”, an information against all accused described as “John Does” is void,
and arrest warrant against them is also void.
 Note:
An error in the name of the accused is reversible as long as his identity is sufficiently
established.
 SECTION 8.

DESIGNATION OF THE OFFENSE CHARGED

 The information or complaint must state or designate the following whenever

possible:
(a) The designation of the offense given by the statute, if there is no designation of the
offense, reference shall be made to the section of the statute punishing it;

(b) The statement of the acts or omissions constituting the offense, in ordinary, concise and
particular words

(c) The specific qualifying and aggravating circumstances must be stated in ordinary and
precise language.
 Note:

The qualifying and aggravating circumstances cannot be appreciated even if proved

UNLESS alleged in the information.
 ALLEGATIONS PREVAIL OVER THE DESIGNATION OF THE OFFENSE IN
THE INFORMATION
It is not the designation of the offense in the complaint or information that is controlling;
the facts alleged therein and not its title determine the nature of the crime

The accused may be convicted of a crime more serious than that named in the title or
preliminary part if such crime is covered by the facts alleged in the body of the
information and its commission is established by evidence.
 SECTION 9.

CAUSE OF ACCUSATION

 GENERAL RULE
An accused cannot be convicted of an offense, unless it is clearly charged in the complaint
or information. Constitutionally, he has the right to know the nature and the cause of
accusation against him.
 RULE ON COMPLEX CRIME
Where what is alleged in the information is a complex crime and the evidence fails to
support the charge as to one of the component offenses, the defendant can be
convicted of the offense proven.
 SECTION 10.

PLACE OF THE COMMISSION OF THE OFFENSE

 GENERAL RULE
A complaint or information is sufficient if it appears from the allegations that the offense
was committed or some of its essential ingredients occurred at some place, within the
jurisdiction of the court.
 EXCEPTION
When the place of commission is an essential element of the offense, the place must be
alleged with particularity.

(e.g. Trespass to dwelling, destructive arson, robbery in an inhabited place, violation of

domicile,)
 SECTION 11.

DATE OF COMMISSION OF THE OFFENSE

 GENERAL RULE
It is not required that the complaint or information state with particularity the DATE of
the commission of the crime. It suffices that the allegation approximates or be as near
the actual date when the offense was committed.
 EXCEPTION
If the DATE of the commission of the offense constitutes essential element of the offense.

(e.g. Infanticide, abortion, bigamy)

 SECTION 12.

NAME OF THE OFFENDED PARTY

 GENERAL RULE

The offended party must be designated by name and surname or any other appellation or
nickname by which he is known or has been known.
 EXCEPTION

In crimes against property, if the name of the offended party is unknown, the property
must be described with such particularity as to proper identify the particular offense
charged.
 SECTION 13.

DUPLICITY OF OFFENSE

 DUPLICITY OF OFFENSE

Means the joinder of two or more SEPARATE AND DISTINCT or DIFFERENT offenses
in one and the same information or complaint.
 GENERAL RULE

A complaint or information must charge only one offense.

  EXCEPTIONS
(a) Complex crimes

(b) Special complex crimes

(c) Continuous crimes or delito continuado

(d) Crimes susceptible of being committed in various modes

(e) Single act that violates two or more distinct statutes

 PRINCIPLE OF ABSORPTION

Acts committed in furtherance of rebellion though crimes in themselves are deemed

absorbed in the crime of rebellion. (Enrile vs. Salazar, G.R. No. 92163)
 PRINCIPLE OF ABSORPTION

Acts committed in furtherance of rebellion though crimes in themselves are deemed

absorbed in the crime of rebellion. (Enrile vs. Salazar, G.R. No. 92163)

Mala in se felonies cannot absorb mala prohibita crimes (Loney vs. People, G.R. No.
152644, February 10, 2006)
 SECTION 14.

AMENDMENT OR SUBSTITUTION

 General rule: It must be made before the accused enters his plea.

 Exception: If the amendment downgrades the nature of the offense charged in,
 or excludes any accused from, the complaint/information, it can be made only upon
motion of the prosecutor, with notice to the offended party and with leave of court.
 The court is mandated to state its reasons in resolving the motion of the prosecutor and to
furnish all parties, especially the offended party, of copies of its order.

 Formal – can only be made under two conditions

 - Leave of court must be secured
 - It does not cause prejudice to the rights of the accused. [Sec 14, Rule 110] The test as to
WON a defendant is prejudiced by the amendment of information is –

 Substantial – proscribed. [People vs Zulueta (1951)]

 - Substantial matter in a complaint is the recital of facts constituting the offense charged
and determinative of the jurisdiction of the court. All other matters are merely of form.
[Almeda vs Villaluz (1975)]
 - Exception: if it is beneficial to the accused. [Ricarze vs CA (2007)]
  SECTION 15.

PLACE WHERE ACTION IS TO BE INSTITUTED

 VENUE IS JURISDICTIONAL

As the court has no jurisdiction to try an offense committed outside its territorial
jurisdiction. It cannot be waived, or changed by agreement of the parties, or by the
consent of the defendant.
 GENERAL RULE
Subject to existing laws, in all criminal prosecutions, the action must be tried in the courts
of the municipality or territory where the offense was committed or any of its essential
ingredients occurred. (Sec. 15 [a], Rule 110) – Principle of Territoriality
 EXCEPTIONS

 FELONIES UNDER ART. 2, RPC

Shall be cognizable by the proper court where the criminal action was first filed. (Sec.
15[d], Rule 110)
 OFFENSE WAS COMMITTED ON A RAILROAD TRAIN, AIRCRAFT, or in ANY
OTHER PUBLIC or PRIVATE VEHICLE IN THE COURSE OF ITS TRIP
The criminal action may be instituted and tried in the court of any municipality or
territory where such train, aircraft or other vehicle passed during such trip, including
place of departure or arrival.
 OFFENSE WAS COMMITTED ON BOARD A VESSEL IN THE COURSE OF ITS
VOYAGE
The criminal action may be instituted and tried in court of the first port of entry or of any
municipality or territory through which the vessel passed during such voyage subject
to generally accepted principles of international law. (Sec. 15[c], Rule 110)
 PIRACY

The venue of piracy, unlike all other crimes, has no territorial limits. It may be tried
anywhere. (People vs. Lol-lo, G.R. No. 17958, February 27, 1922)

 IN EXCEPTIONAL CIRCUMSTANCES

To ensure a fair trial and impartial inquiry, the Supreme Court shall have the power to
order a change of venue or place of trial to avoid miscarriage of justice. (Sec. 5[4], Art.
VIII, 1987 Constitution)
 SECTION 16.

INTERVENTION OF THE OFFENDED PARTY IN CRIMINAL ACTION

 GENERAL RULE
The offended party has the right to intervene by counsel in the prosecution of the criminal
action, where the civil liability is instituted in the criminal action pursuant to Rule
111.
 RULE 111

PROSECUTION OF CIVIL ACTIONS

 SECTION 1.

INSTITUTION OF CRIMINAL ACTION AND CIVIL ACTIONS

 GENERAL RULE

When a criminal action is instituted, the civil action for the recovery of civil liability is
deemed instituted in the criminal action. (sec. 1[a], Rule 111)
 EXCEPTIONS
(a) When the offended party waives the civil action;

(b) When the offended party reserves the right to institute a separate civil action;

(c) When the offended party institutes a civil action prior to the criminal action
 WHEN RESERVATION SHALL BE MADE
(a) Before the prosecution starts to present its evidence; and

(b) Under circumstances affording the offended party a reasonable opportunity to make
such reservation.
 SECTION 6.

SUSPENSION BY REASON OF PREJUDICIAL QUESTION

 SECTION 7.

ELEMENTS OF PREJUDICIAL QUESTION

 PREJUDICIAL QUESTION
Is one which arises in a case, the resolution of which is a logical antecedent of the issue
involved therein and the cognizance of which pertains to another tribunal.

It is based on a fact distinct and separate from the crime but so intimately connected with it
that it determines the guilt or innocence of the accused.
 ELEMENTS
(a) The civil action must be instituted prior to to the criminal action;

(b) The civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action;
(c) The resolution of such issue determines whether or not criminal action may proceed.
 RULE 112

PRELIMINARY INVESTIGATION

 SECTION 1.

PRELIMINARY INVESTIGATION, DEFINED; WHEN REQUIRED

 PRELIMINARY INVESTIGATION
Is an inquiry or proceeding to determine whether there exists sufficient ground to engender
a well-founded belief that a crime has been committed and that the respondent is
probably guilty thereof and should be held for trial.
 GENERAL RULE
Preliminary investigation is required to be conducted BEFORE the filing of a complaint or
information for an offense where the penalty prescribe by law is at least 4 years, 2
months and 1 day.
 EXCEPTION

There is NO right of preliminary investigation when a person is lawfully arrested without

warrant except in cases provided under Sec. 6, Rule 112.

 INSTANCES WHEN PRELIMINARY INVESTIGATION MAY BE ASKED BY THE

ACCUSED
(a) If a person is arrested, he can ask for a PI before the filing of the complaint or
information but he must sign a waiver in accordance with Art. 125, RPC

(b) After the filing of the complaint or information, the accused may, within 5 days from
the time he learns of its filing, ask for a preliminary investigation
 PURPOSES OF PI
To secure the innocent against hasty, malicious and oppressive prosecution and to protect
him from an open and public accusation of a crime, from the trouble, expenses and
anxiety of public trial.

To protect the state from having to conduct useless and expensive trials.
 PI: A PERSONAL STATUTORY RIGHT

The right to PI is a personal right covered by statute and may be waived expressly or by
implication. It is not merely procedural but substantive right included in the due
process of law.
 NATURE
Inquisitorial; Not a constitutional creation but statutory can be invoked only when created
and granted by law.
Burden of proof that no PI was conducted lies with the accused who is invoking such right
 SECTION 2.

OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

 PERSONS AUTHORIZED TO CONDUCT PI

(a) Provincial or city fiscal and their assistants;

(b) National and regional state prosecutors;

(c) Such other officers as may be authorized by law such as the COMELEC, Ombudsman
and PCGG
 SECTION 3.

PROCEDURE

 SEQUENCE
First

Filing of the complaint or information by affidavits and supporting documents which must
be executed under oath.

Second

Within 10 days after the filing, the investigating officer shall either dismiss or issue
subpoena.

Third

If subpoena is issued, respondent shall submit a counter-affidavit and other supporting

documents within 10 days from receipt thereof.

Fourth

Clarificatory Hearing (optional). It shall be held within 10 days from submission of

counter-affidavits or from the expiration of the period of their submission.

Fifth

Resolution of investigating prosecutor within 10 days after the investigation.

If the respondent cannot be subpoenaed, or if subpoenaed but does not submit his counter-
affidavit within 10 days, the investigating prosecutor shall resolve the complaint based
on the evidence presented by the complainant.
 RIGHTS OF RESPONDENT IN A PI
(a) To submit counter-affidavits;

(b) To examine evidence submitted by the complainant;

(c) To be present in the clarificatory hearing.

 SECTION 5.

WHEN WARRANT OF ARREST MAY ISSUE

 PROBABLE CAUSE

Presupposes a reasonable ground for belief in the existence of facts warranting the
proceedings complained of.

If the judge finds probable cause, he shall issue a warrant of arrest, or a commitment order
if the accused had already been arrested and hold him for trial. If the judge is
satisfied that there is no necessity for placing the accused under custody, he may issue
summons instead of warrant of arrest.
 DISTINCTION
 FISCAL’S PROBABLE CAUSE
Is one made during preliminary investigation.

To determine whether or not the person accused committed the crime and should be held
for trial.
 JUDGE’S PROBABLE CAUSE
Is one made by the judge to ascertain whether a warrant of arrest should be issued against
the accused.
 SECTION 6.

WHEN ACCUSED LAWFULLY ARRESTED WITHOUT WARRANT

 INQUEST
Is an informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant of
arrest issued by the court for the purpose of determining whether or not said persons
should remain under custody and correspondingly be charged in court.

Inquest proceedings must be terminated within the period prescribed under the provisions
of Art. 125 of the Revised Penal Code.
 RULE 113.

ARREST
  SECTION 1.

DEFINITION OF ARREST

 ARREST

Is the taking of the person into custody in order that he may be bound ton answer for the
commission of an offense.

Invitations are not arrests and are usually not unconstitutional, but in some cases may be
taken as commands. (Babst vs. NBI, G.R. No. L-62992, September 28, 1992)

However, the practice of issuing an “invitation” to a person who is investigated in

connection with an offense he is suspected to have committed is considered as placing
him under “custodial investigation”. (R.A. 7498)
 MODES OF ARREST

(a) Arrest by virtue of a warrant;

(b) Arrest without warrant under exceptional circumstances as may be provided by the
statute (Sec. 5, Rule 113)
 WHO MAY ISSUE A WARRANT OF ARREST?

 GENERAL RULE

The power to determine the existence of probable cause is a function of the judge and such
power lies in the judge alone.
 EXCEPTION

The BID Commissioner may issue a warrant of arrest of an undesirable alien sought to be
deported because it is not criminal in nature and the act of deportation is an act of
State. (Harvey vs. Santiago, G. R. No. 82544, June 28, 1988)
 ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST
(a) Issued upon probable cause which must be PERSONALLY determined by the judge
after examination under oath or affirmation of the complainant or witnesses he may
produce;

(b) After evaluation of the prosecutor’s report and the evidence adduced during the
preliminary investigation;

(c) The warrant must particularly describe the person to be arrested;

(d) In connection with a specific offense or crime.

Posting of bail does not bar one from questioning illegal arrest.
 SECTION 2.

ARREST, HOW MADE

 MODES OF EFFECTING ARREST

(a) By an actual restraint of a person to be arrested;

(b) By his submission to the custody of the person making the arrest.

Reasonable amount of force may be used to effect an arrest.

 WHAT MAY BE CONFISCATED UPON ARREST?
(a) Objects subject of the offense or used or intended to be used in the commission of the
crime;

(b) Objects which are the fruits of the crime;

(c) Those which might be used by the arrested person to commit violence or to escape;

(d) Dangerous weapons and those which may be used as evidence in the case.

(e) Objects, the possession of which is illegal per se

Arrest must PRECEDE the search. The process cannot be reversed. Nevertheless, a search
substantially contemporaneous with an arrest can precede arrest if the police have
probable cause to make the arrest at the outset of the search.
 SECTION 3.

DUTY OF ARRESTING OFFICER

 A DULY ISSUED WARRANT AUTHORIZES THE PROPER OFFICER

(a) To make an arrest thereunder but also make it his duty to carry out without delay the
commands thereof;

(b) To deliver the person arrested to the nearest police station or jail without necessary
delay.
 SECTION 4.

EXECUTION OF WARRANT

 WHEN MAY A JUDGE ISSUE A WARRANT OF ARREST

  1. UPON THE FILING OF THE INFORMATION BY THE PROSECUTOR

The judge merely evaluates personally the report and supporting documents and other
evidence adduced during the PI and submitted to him by the prosecutor
 2. UPON APPLICATION OF A PEACE OFFICER

The judge must personally examine the applicant and the witnesses he may produce, to
find out whether there exists probable cause.
 PERIOD OF A WARRANT OF ARREST

No time limit is fixed for the validity of a warrant of arrest.

 SECTION .

ARREST WITHOUT WARRANT; WHEN LAWFUL

 GENERAL RULE

No peace officer or person has the power or authority to arrest anyone without a warrant
EXCEPT in those cases expressly authorized by law.
 EXCEPTIONS

(a) When in his PRESENCE, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense (in flagrante delicto arrests)

(b) When an offense has just been committed, and he has probable cause to believe based
on PERSONAL KNOWLEDGE of fact and circumstance that the person to be
arrested has committed it (doctrine of hot pursuit)

There must be a large measure of immediacy between the time of the offense was
committed and the time of the arrest.

(c) When the person to be arrested is a prisoner who has escaped from penal establishment
or place where he is serving final judgment or temporarily confined while the case is
pending or has escaped while being transferred from one confinement to another.

(d) When the person who has been lawfully arrested escapes or is rescued.

(e) By the bondsman for the purpose of surrendering the accused.

(f) Where the accused attempts to leave the country without permission of the court
 RULES ON THE ILLEGALITY OF ARREST
(a) An accused who enters his plea of NOT guilty and participates in the trial waives the
illegality of the arrest;

(b) Illegality of warrantless arrest may be cured by filing of an information in court and the
subsequent issuance by the judge of a warrant of arrest;

(c) Once a person has been duly charged in court, he may no longer question his detention
by petition for habeas corpus, his remedy is to quash the information and/ or warrant
of arrest.
 SECTION 5.

TIME OF MAKING ARREST

At anytime of the day or night.

 SECTION 7.

METHOD OF ARREST OF OFFICER VIRTUE OF WARRANT

Under this Rule, an arrest may be made even if the police officer is not in possession of the
warrant of arrest. Exhibition of the warrant prior to the arrest is not necessary.
However after the arrest, if the person arrested so requires, the warrant shall be
shown to her as soon as practicable.
 SECTION 10.

OFFICER MAY SUMMON ASSISTANCE

 SECTION 11.

RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE

 SECTION 12.

RIGHT TO BREAK OUT OF THE BUILDING OR ENCLOSURE TO EFFECT

RELEASE

 RULE 114.

BAIL
  SECTION 1.

BAIL DEFINED

 BAIL
Is the security given for the release of a person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the
conditions specified by the Rule.
 RATIO
RIGHT TO BAIL flows from the presumption of innocence in favor of every accused who
should not be subjected to the loss of freedom. Thus the right to bail only accrues
when a person is arrested or deprived of his liberty. The right to bail presupposes that
the accused is under legal custody. (Feliciano vs. Pasicolan, 2 SCRA 888)
 PURPOSES OF BAIL
(a) To relieve an accused from the rigors of imprisonment until his conviction and yet
secure his appearance at the trial;

(b) To honor his presumption of innocence until his guilt is proven beyond reasonable
doubt;

(c) To enable him to prepare his defense without being subject to punishment prior to
conviction
 FORMS OF BAIL
(a) Corporate Surety

(b) Property Bond

(c) Cash Deposit

(d) Recognizance
 SECTION 4.

BAIL, MATTER OF RIGHT; EXCEPTION

(a) Before or after conviction by the inferior courts (MTC, MCTC, MeTC); and

(b) Before conviction by the RTC except when the imposable penalty is death, reclusion
perpetua or life imprisonment, when evidence of guilt is strong

In instances where bail is a matter of right and the bail to be granted is based on the
recommendation of the prosecution as stated in the information or complaint, a
hearing is NOT necessary.

The prosecution cannot adduce evidence for the denial of bail where it is a matter of right.
However, the grant of bail is discretionary, the prosecution may show proof to deny
the bail.
  RIGHT TO BAIL FOR MILITARY OFFICERS
The right to bail, embodied in the Constitution, is not available to military personnel or
officer charged with a violation of the Articles of War. (Aswat vs. Galido, G.R. No.
88381, November 21, 1991)
 SECTION 1.

BAIL, WHEN DISCRETIONARY

(a) Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua
or life imprisonment, admission to bail is discretionary
(b) After conviction by the RTC wherein a penalty of imprisonment exceeding 6 years but
not more than 20 years is imposed, and not one of the circumstances below is present
and proved, bail is a matter of discretion.

(i) recidivism, quasi-recidivism or habitual delinquency or commission of a crime

aggravated by the circumstances of reiteracion;
(ii) previous escape from legal confinement, evasion of service of sentence or
violation of the the conditions of bail without valid justification;

(iii) commission of an offense while on probation, parole or under conditional

pardon;

(iv) circumstance of the accused or his case indicates the probability of flight if
released;

(v) undue risk of commission of another crime by the accused during the pendency
of appeal.
 WHEN BAIL WILL NOT BE GRANTED
(a) Regardless of stage of the criminal prosecution, no bail shall be allowed if the accused is
charged with a capital offense or an offense punishable by reclusion perpetua AND
the evidence of guilt is strong;

(b) After conviction by the RTC imposing a penalty of imprisonment exceeding 6 years but
not more than 20 years and any of the circumstances enumerated under the Rules is
present and proved, no bail shall be granted.

(c) No bail shall be allowed after judgment has become final UNLESS accused applied for
probation before commencing to serve sentence of penalty and offense within the
purview of probation law. (Sec. 24)
 SECTION 6.

CAPITAL OFFENSE, DEFINED

Refers to an offense which, under the law existing at the time of its commission AND at the
time of the application to be admitted to bail, may be punished with death.
 SECTION 7.

CAPITAL OFFENSE, NOT BAILABLE

 GENERAL RULE

Capital offense or those punishable by reclusion perpetua, life imprisonment or death are
NOT BAILABLE when evidence of guilt is strong.
 EXCEPTION

If the accused charged with a capital offense is a minor.

R.A. No. 9346 (An Act prohibiting the Imposition of Death Penalty in the Philippines, June
24, 2006). Hence, there is no more capital offense.
 SECTION 8.

BURDEN OF PROOF IN BAIL APPLICATION

The hearing should be summary or otherwise in the discretion of the court. The burden
proving that the evidence of guilt is strong lies with the prosecution. (Comia vs.
Antona, A.M. No. RTJ-99-1518)
Evidence of guilt is strong when proof is evident or presumption of guilt is strong. The
TEST is not whether the evidence establishes guilt beyond reasonable doubt but
rather whether it shows evident guilt or a great presumption of guilt.
 SECTION 9.

AMOUNT OF BAIL; GUIDELINES

 FACTORS TO BE CONSIDERED (Not Exclusive)

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty of the offense charged;

(d) Character of and reputation of the accused

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that the accused was a fugitive from justice when arrested; and

(j) Pendency of other cases when the accused is on bail.

 SECTION 15.

RECOGNIZANCE

Refers to an obligation of record, entered into before some court or officer authorized to
take it with a condition to do some particular act, the most usual condition in criminal
cases being the appearance of the accused for trial.
 SECTION 16.

BAIL WHEN NOT REQUIRED; REDUCED BAIL ON RECOGNIZANCE


A.
CAN BE RELEASED WITHOUT BAIL

(a) Offense charged is violation of an ordinance, light felony or a criminal offense, the
imposable penalty wherefore does not exceed 6 months of imprisonment and/or fine of
P2,000 under RA 6036;

(b) Where the accused has applied for probation and before the same has been resolved but
no bail was filed or the accused is incapable of filing one, in which case he may be
released on recognizance;

(c) In case of a youthful offender held for physical or mental examination, trial or appeal, if
unable to furnish bail and under the circumstances under P.D. 603, as amended;

(d) A person who has been in custody for a period equal to or more than the possible
maximum imprisonment prescribed for the offense charged, without prejudice to the
continuation of the trial or the proceedings on appeal;

A person accused of an offense with a maximum penalty of destierro shall be released after
30 days of preventive imprisonment.
 B.

ON REDUCED BAIL OR ON HIS OWN RECOGNIZANCE

A person in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the indeterminate
sentence law or any modifying circumstance shall be released on reduced bail or on
his own recognizance, at the discernment of the court.
 EXCEPTION
(a) When a warrant of arrest is issued for failure to appear when required by the court;

(b) When the accused is

(i) a recidivist; (ii) a fugitive from justice; (iii) charged with physical injuries; (iv)
does not reside in the place where the violation of the law or ordinance is committed;
or (v) has no known address
 SECTION 17.

BAIL, WHERE FILED

(a) May be filed with the court where the case is pending, or in the absence or
unavailability of the judge thereof, with any RTC judge, or any inferior court judge in
the province, city or municipality;

(b) If the accused is arrested in a province, city or municipality OTHER THAN where the
case is pending, bail may be applied with any RTC of the said place, or if no judge
thereof is available, with any inferior court therein;

(c) Whenever the grant of bail is a matter of discretion, or the accused seeks to be released
on recognizance, the application may be filed only in the particular court where the
case is pending whether on trial or appeal;

(d) Any person in custody who is not yet charged in court may apply for bail with any court
in the province, city or municipality where he is held;

(e) If the decision of the trial court convicting the accused changed the nature of the offense
from non-bailable to bailable, the application for bail can only be filed and resolved
by the appellate court.
 SECTION 18.

NOTICE OF APPLICATION TO PROSECUTOR

The rule makes no distinction whether bail is a matter or right or discretion. In all
instances notice of hearing is required to be given to the prosecutor, or at least he must
be asked for his recommendation.
A warrant of arrest without recommendation for bail is a violation of the right of the
accused to bail unless the accused is charged with offenses punishable by reclusion
perpetua, life imprisonment, and death when evidence of guilt is strong. (People vs.
Raba, G.R. No. L-10724, April 21, 1953)
 SECTION 19.

RELEASE ON BAIL

Once the accused has been admitted to bail, he is entitled to immediate release from
custody. An officer who fails or refuses to release from detention notwithstanding the
approval by the proper court of his bail bond may be held liable under Art. 126, RPC
for delaying release.
 SECTION 23.

ARREST OF ACCUSED OUT ON BAIL

An accused released on bail may be re-arrested without warrant if he attempts to depart

from the Philippines without prior permission of the court where the case is pending.
 HOLD DEPARTURE ORDERS
SC Circular No. 39-97 dated June 19, 1997 limits the authority to issue HDO to the RTCs
in criminal cases within their exclusive jurisdiction. Consequently, MTC Judges have
no authority to issue or cancel HDO.
 SECTION 24.

NO BAIL AFTER FINAL JUDGMENT; EXCEPTION

 GENERAL RULE

No bail shall be allowed after the judgment has become final, as what is left for him to serve
the sentence.
 EXCEPTION
When he has applied for probation before commencing to serve sentence, the penalty and
the offense being within the purview of the Probation Law. The application for
probation must be files within the period of perfecting an appeal. Such filing operates
as a waiver of the right to appeal.
 EXCEPTION TO THE EXCEPTION

The accused shall not be admitted to bail after he has commenced to serve his sentence.
 RULE 115

RIGHTS OF THE ACCUSED

  SECTION 1.

RIGHTS OF THE ACCUSED AT THE TRIAL

A. TO BE PRESUMED INNOCENT

In all criminal prosecution, the accused is presumed innocent until the contrary is proved
beyond reasonable doubt.
 REASON
It is based on the principle of justice. The conviction must be based on moral certainty, for
it is better to acquit a guilty person rather than convict an innocent man.( People vs.
Dramayo, 42 SCRA 60)
 REASONABLE DOUBT
Is that doubt engendered by an investigation of the whole proof and an inability, after such
investigation, to let the mind rest easy upon the certainty of guilt.
 EQUIPOISE RULE
Provides that where the evidence of the parties in a criminal case are evenly balanced, the
constitutional presumption of innocence should tilt in favor of the accused who must
be acquitted.
 B. TO BE INFORMED OF THE NATURE AND THE CAUSE OF ACCUSATION
AGAINST HIM
Means of Informing the Accused of the Charge:

(a) Preliminary investigation;

(b) Requirement of sufficient allegations in the complaint or information;

(c) Arraignment;

(d) Bill of particulars;

(e) Rules against duplicity of offense

C. TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY

STAGE OF THE PROCEEDING
 THE PRESENCE OF THE ACCUSED IS REQUIRED ONLY
(a) During arraignment

(b) Promulgation of sentence EXCEPT when the conviction is for a light felony, in which
case, it may be pronounced in the presence of counsel or his representative;

(c) When ordered by the court for purposes of identification.

 TRIAL IN ABSENTIA
Requirements :
(a) The accused has been arraigned;

(b) He has been duly notified of the trial;

(c) His failure to appear is unjustified.

 RIGHT TO COUNSEL
Is absolute and may be invoked at all times even on appeal. (Telan vs. CA, G.R. No. 95026,
October 4, 1991) Without the aid of a counsel, a person may be convicted not because
he is guilty but because he does not know how to establish his innocence.
 CUSTODIAL INVESTIGATION
Is the questioning by the law enforcement officers of a suspect taken into custody or
otherwise deprived of his freedom of action in significant way. It includes the practice
of issuing “invitation” to a person who is investigated in connection with an offense
he is suspected to have committed.

D. TO TESTIFY AS WITNESS IN HIS OWN BEHALF

E. TO BE EXEMPT FROM BEING COMPELLED TO BE A WITNESS AGAINST

HIMSELF
 SCOPE COVERED BY THE RIGHT
(a) Involves a prohibition against testimonial compulsion ONLY; and

(b) The production by the accused of incriminating documents and articles demanded from
him.
 NOT COVERED
(a) Physical examination;

(b) Examination of a rapist and the victim for gonorrhoea is valid;

(c) Examination of a woman for pregnancy charged with adultery is valid;

(d) Undergoing ultra violet light for examination of presence of flourescent powder dusted
on marked money in buy bust operation.
 WHERE AVAILABLE

Not only in criminal but also in government proceedings, civil, administrative proceedings
where there is a penal sanction involved.

F. TO CONFRONT AND CROSS-EXAMINE THE WITNESSES AGAINST HIM AT

TRIAL

G. TO HAVE COMPULSORY PROCESS

This is the right of the accused to have a subpoena and/or subpoena duces tecum issued in
his behalf in order to compel the attendance of witnesses and the production of other
evidence.

If the witness refuses to testify when required is in contempt of court. The court may order
a witness to give bail or be arrested.

H. TO HAVE A SPEEDY, IMPARTIAL AND PUBLIC TRIAL

The right to a speedy trial is intended to avoid oppression and to prevent delay by imposing
on the courts and on the prosecution an obligation to proceed with reasonable
dispatch.

There is no violation of the right where the delay is imputable to the accused. This is
because when the accused resorted to technical maneuvers, he waived his right to a
speedy trial. (People vs. Jardin, 126 SCRA 167)
 TIME LIMIT FOR TRIAL OF CRIMINAL CASES

SHALL NOT EXCEED 180 days from the first day of trial.
 EXCEPTIONS
(a) Those governed by the Rules on Summary Procedure;

(b) Where the penalty prescribed by law DOES NOT EXCEED 6 months imprisonment or
a fine of P1,000 or both;

(c) Those authorized by the Chief Justice

 EXCLUSION OF THE PUBLIC IS VALID WHEN
(a) Evidence to be produced is offensive to decency or public morals. (Sec. 13, Rule 119)

(b) Upon motion of the accused. (Sec. 21, Rule 119)

 THE RIGHT TO APPEAL IS A STATUTORY RIGHT
The right to appeal from a judgment of conviction is fundamentally of statutory origin. It is
not a natural right and it may be denied by the legislature as long as hearing is
conducted except the appellate jurisdiction of the Supreme Court which Congress
cannot remove.
 RULE 116

ARRAIGNMENT AND PLEA

 SECTION 1.

HOW ARRAIGNMENT AND PLEA IS MADE

 ARRAIGNMENT
Is the formal mode of implementing the constitutional right of the accused to be informed
of the nature and the cause of accusation against him.
  WHERE AND HOW MADE
(a) In open court where the complaint or information has been filed or assigned for trial;

(b) By the judge or the clerk of court;

(c) By furnishing the accused with a copy of the complaint or information;

(d) Reading it in a language or dialect known to the accused;

(e) Asking accused whether he pleads guilty or not guilty;

(f) Both arraignment and plea shall be made of record but failure to enter of record shall
not affect the validity of the proceedings.
 RULES ON ARRAIGNMENT
(a) Trial in absentia may be conducted only after valid arraignment;

(b) Accused must personally appear during arraignment and enter his plea;

(c) Accused is presumed to have been validly arraigned in the absence of proof to the
contrary;

(d) generally, judgment is void if accused has not been validly arraigned;

(e) If the accused went into trial without being arraigned, subsequent arraignment will cure
the error provided that the accused was able to present evidence and cross-examine
the witnesses of the prosecution during trial.
 PLEA

Pertains to the matter which the accused, on his arraignment, alleges in answer to the
charge against him.
 WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED
(a) When the accused so pleaded;

(b) When he refuses to plead;

(c) Where in admitting the act charged, he sets up matters of defense or with lawful
justification;

(d) When he enters conditional plea of guilty;

(e) When the plea is indefinite or ambiguous.

 PRESENCE OF THE OFFENDED PARTY
The private offended party shall be required to appear in the arraignment for the purpose
of

(a) Plea bargaining;

(b) Determination of civil liability; and

(c) Other matters reqiuring his

 SECTION 2.

PLEA OF GUILTY TO A LESSER OFFENSE

 PLEA OF GUILT TO A LESSER OFFENSE

An accused may enter a plea of guilty to a lesser offense, provided that there is

(a) Consent of the offended party; and

(b) The prosecutor to the plea of guilty

(c) To a lesser offense which is necessarily included in the offense charged

 DOJ CIRCULAR ON THE CONSENT OF THE PROSECUTOR
When the imposable penalty for the offense charged is prision mayor or higher or a fine
exceeding P12,000, the trial prosecutor must secure the consent in writing of the
City/Provincial Prosecutor or the Chief State Prosecutor. (DOJ Circular No. 55,
March 11, 1996)
 SECTION 3.

PLEA OF GUILTY TO CAPITAL OFFENSE; RECEPTION OF EVIDENCE

 WHEN THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, THE

COURT SHALL
(a) Conduct a searching inquiry into the:

(i) voluntariness of the plea; and

(ii) full comprehension of the consequences of his plea

(b) Require the prosecution to prove his guilt and the precise degree of his culpability
 SEARCHING INQUIRY
The judge must satisfy himself that the accused in pleading guilty, (1) is doing so
voluntarily, and (2) he in so doing is truly guilty, and (3) that there exists a rational
basis for a finding of guilt based on his testimony.
 GUILTY PLEA
 NON-CAPITAL OFFENSE
The reception of evidence is merely discretionary on the part of the court. If the
information or complaint is sufficient for the judge to render judgment on a non-
capital offense, he may do so.
 CAPITAL OFFENSE
The reception of evidence to prove his guilt and degree of culpability of the accused is
mandatory.
  SECTION 5.

WITHDRAWAL OF IMPROVIDENT PLEA OF GUILTY

 PLEA OF GUILTY
Is an unconditional admission of guilt, freely, voluntarily and made with full knowledge of
the consequences and meaning of his act and with a clear understanding of the precise
nature of the crime charged in the complaint or information. (People vs. De Lima,
G.R. No. 77969, June 22, 1989)
 IMPROVIDENT PLEA
It is a plea without information as to all the circumstances affecting it; Based upon a
mistaken assumption or misleading information or advice.
 EFFECT OF IMPROVIDENT PLEA
The conviction will be set aside if the plea of guilty is the sole basis for the judgment.
However, the court may validly convict the accused if such conviction is supported by
adequate evidence of guilt independent of the plea itself. (People vs. Derilo, G.R. No.
117818, April 18, 1997)
 SECTION 6.

DUTY OF THE COURT TO INFORM THE ACCUSED OF HIS RIGHT TO COUNSEL

 SECTION 7.

APPOINTMENT OF A COUNSEL DE OFFICIO

 COUNSEL DE OFFICIO

He is a counsel appointed by the court to represent and defend the accused in case he
cannot afford to employ one himself.
 SECTION 8.

TIME FOR COUNSEL DE OFFICIO TO PREPARE FOR ARRAIGNMENT

 SECTION 9.

BILL OF PARTICULARS

 BILL OF PARTICULARS
It is a more definite statement of any matter which is not averred with sufficient
definiteness or particularity to enable properly the movant to prepare his responsive
pleading. Accused may, at or before arraignment, move for a bill of particulars to
enable him to properly plead and prepare for trial.
 SECTION 10.

PRODUCTION OR INSPECTION OF MATERIAL EVIDENCE IN POSSESSION OF

PROSECUTION
  SECTION 11.

SUSPENSION OF ARRAIGNMENT

 GROUNDS FOR SUSPENSION

(a) The accused appears to be suffering from an UNSOUND MENTAL condition;

(b) There exists a valid prejudicial question;

(c) A petition for review of the resolution is pending at the DOJ or OP, provided that the
period of suspension shall not exceed 60 days counted from the filing of the petition;
 RULE 117

MOTION TO QUASH

 SECTION 1.

TIME TO MOVE TO QUASH

 MOTION TO QUASH
Is a special pleading filed by the defendant before entering his plea, which hypothetically
admits the truth of the facts spelled out in the complaint or information at the same
time that it sets up a matter which, if duly proved, would preclude further
proceedings.
 GENERAL RULE
The accused may move to quash the complaint or information at any time before entering
his plea.
 EXCEPTIONS
(a) Failure to charge an offense;

(b) Lack of jurisdiction over the offense charged;

(c) Extinction of the offense or penalty;

(d) The defendant would be placed in double jeopardy.

The right to file a motion to quash belongs only to the accused.

 SECTION 2.

FORM AND CONTENTS

 FORM AND CONTENTS OF A MOTION TO QUASH

(a) In writing;
(b) Signed by the accused or his counsel;

(c) Shall specify distinctly the factual and legal grounds therefore.
 SECTION 3.

GROUNDS

 GROUNDS
(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense charged;

(c) That the court trying the case has no jurisdiction over the person of the accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal excuse or
justification; and

(i) That the accused has been previously convicted or acquitted of the offense charged,
or the case against him was dismissed or otherwise terminated without his express
consent.

 SECTION 7.

FORMER CONVICTION OR ACQUITTAL; DOUBLE JEOPARDY

 JEOPARDY
Is the peril in which a person is put when he is regularly charged with a crime before a
tribunal properly organized and competent to try him.
 DOUBLE JEOPARDY
Means that when a person is charged with an offense and the case is terminated either by
acquittal or conviction or in any other manner without the express consent of the
accused, the latter cannot again be charged with the same or identical offense.
 DISTINCTION
  ACQUITTAL
Is always based on merits, that is the defendant is acquitted because the evidence does not
show defendant’s guilt beyond reasonable doubt.
 DISMISSAL
Does not decide the case based on merits or that the defendant is guilty.
 RULE 119

PRE-TRIAL

 SECTION 1.

PRE-TRIAL; MANDATORY IN CRIMINAL CASES

 MANDATORY PRE-TRIAL IN CRIMINAL CASES

In all cases cognizable by the MTC, MCTC, MeTC, RTC and the Sandiganbayan, the
justice or judge shall, after arraignment, order a pre-trial conference to consider the
ff:

(a) Plea bargaining;

(b) Stipulation of facts;

(c) Marking for identification of evidence;

(d) Waiver to objections to admissibility of evidence;

(e) Modification of the order of trial if the accused admits the charge but interposes a
lawful defense (reverse trial)

(f) Other matters that will promote a fair and expeditious trial of the civil and criminal
aspects of the case.
 PLEA BARGAINING
Is the process whereby the accused, the offended party and the prosecution work out a
mutually satisfactory disposition of the case subject to court approval. It usually
involves the defendant’s pleading guilty to a lesser offense or to only one or some of
the counts of a multi-count indictment in return for lighter sentence than that for the
graver charge.

Plea bargaining is to be encouraged (Speedy Trial Act of 1998)

Exception: It is not allowed under the Dangerous Drugs Act where the imposable penalty
for the offense charged is reclusion perpetua to death (Sec. 18, RA 9165)
 SECTION 2.

PRE-TRIAL AGREEMENT
  PRE-TRIAL AGREEMENT
All agreements or admissions made or entered into during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel, otherwise the same shall
not be used in evidence against the accused.
 SECTION 3.

NON-APPEARANCE AT PRE-TRIAL CONFERENCE

Where counsel, for the accused or the prosecutor does not appear at the pre-trial
conference and does not offer an acceptable excuse for his/her lack of cooperation, the
pre-trial justice or judge may impose sanctions or penalties. (Section 4, Speedy Trial
Act)
 SECTION 4.

PRE-TRIAL ORDER

 PRE-TRIAL ORDER
After the pre-trial conference, the court shall issue an order reciting the actions taken, facts
stipulated, and evidence marked. (Sec. 5, Speedy Trial Act)
 RULE 119

TRIAL

 SECTION 1.

TIME TO PREPARE FOR TRIAL

 Section1. after a plea of not guilty is entered, the accused shall have at least 15 days to
prepare for trial. The trial shall commence within 30 days from the receipt of the pre-trial
order.
 TRIAL
Is examination before a competent tribunal according to the laws of the land, of facts put in
issue in a case for the purpose of determining such issue.

After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for
trial. The trial shall commence within 30 days from receipt of the pre-trial order.
 SECTION 2.

CONTINUOUS TRIAL UNTIL TERMINATED; POSTPONEMENTS

 CONTINUOUS TRIAL SYTEM

Trial once commenced shall continue from day to day as far as practicable until
terminated; but it may be postponed for a reasonable period of time for good cause.
  LIMITATION OF THE TRIAL PERIOD
It shall in no case exceed 180 days from the first day of trial, except as otherwise provided
by the Supreme Court.

But said limitation shall not apply where special laws or circular of the Supreme Court,
provide for a shorter period of time.
 SECTION 11.

ORDER OF TRIAL

(1) The prosecution shall present evidence to prove the charge and, in the proper case, the
civil liability;

(2) The accused may present evidence to prove his defense and damages, if any, arising
from the issuance of provisional remedy in the case;

(3) The prosecution and the defense may, in that order, present rebuttal and surrebuttal
evidence unless the court in furtherance of justice, permits them to present additional
evidence bearing upon the main issue;

(4) Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written
memoranda;

(5) When the accused admits the act or omission charged in the complaint or information
but interposes a lawful defense, the order of trial may be modified.
 REVERSE TRIAL
When the accused admits the act or omission charged in the complaint/information but
interposes a lawful defense, the trial court may allow the accused to present his
defense first and thereafter give the prosecution the opportunity to present its rebuttal
evidence.
 RULE 120

JUDGMENT

 SECTION 1.

JUDGMENT; DEFINITION AND FORM

 JUDGMENT
Is the adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition of the proper penalty and civil liability provided for by
law.
 JUDGMENT MUST BE
(a) In writing;

(b) In the official language;

(c) Personally and directly prepared and signed by the judge;

(d) With the concise statement of the fact and the law on which it is based.
 REASONABLE DOUBT
The state of the case which, after full consideration of all evidence, leaves the mind of the
judge in such a condition that he cannot say that he feels an abiding conviction, to a
moral certainty, of the truth of the charge
 SECTION 6.

PROMULGATION OF JUDGMENT

 PROMULGATION OF JUDGMENT
Is the official proclamation or announcement of judgment. It consists of reading the
judgment or sentence in the presence of the accused and any judge of the court
rendering the judgment.
 A JUDGMENT BECOMES FINAL
(a) When the period for perfecting an appeal has lapsed;

(b) When the sentence is partially or totally satisfied or served;

(c) When the accused expressly waives in writing his right to appeal;

(d) When the accused applies for probation.

 RULE 121

NEW TRIAL OR RECONSIDERATION

 NEW TRIAL
Is the rehearing of a case already decided but before the judgment of conviction therein
rendered has become final whereby errors of law or irregularities are expunged from
the record or new evidence is introduced, or both steps are taken.
 DISTINCTION
 RECANTATION
A witness who previously gave a testimony subsequently declares that his statements were
not true.

The public and formal withdrawal of a witness of his prior statement.

 AFFIDAVIT OF DESISTANCE
The complainant states that he did not really intend to institute the case and that he is no
longer interested in testifying or prosecuting.
  RULE 122

APPEAL

 SECTION 1.

WHO MAY APPEAL

Any party may appeal from a judgment or final order, UNLESS the accused will be placed
in double jeopardy.
 APPEAL
Is a proceeding for review by which the whole case is transferred to the higher court for
final determination.
 RULE 126

SEARCH AND SEIZURE

 SECTION 1.

SEARCH WARRANT DEFINED

 SEARCH WARRANT
Is an order in writing issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.
 ELEMENTS
(a) Order in writing;

(b) Signed by the judge in the name of the People of the Philippines;

(c) Commanding a peace officer to search personal property;

(d) Bring the property before the court.

 NATURE
(a) It is in the nature of criminal process akin to a writ of discovery and may be invoked
only in furtherance of public prosecutions;

(b) Have no relation to civil process or trials;

(c)They are not available to individuals in the course of civil proceedings;

(d) It is not for the maintenance of any mere private right;

(e) It is interlocutory in character.

  SEIZURE

Is the physical taking of a thing into custody.

 GENERAL WARRANT
Is a search warrant which vaguely describes and DOES NOT particularize the personal
properties to be seized without a definite guideline to the searching team as what
items might be lawfully seized, thus giving the officers of the law discretion regarding
what articles they should seize.

It is not valid as it infringes on the constitutional mandate requiring particular description

of the things to be seized.
 SCATTER-SHOT SEARCH WARRANT
Is a search warrant issued for more than one offense. (Not valid because it is in violation of
the Constitution)
 SECTION 2.

COURT WHERE APPLICATION FOR SEARCH WARRANT SHALL BE FILED

 GENERAL RULE

It should be filed with the court within whose territorial jurisdiction the crime was
committed.
 SECTION 3.

PERSONAL PROPERTY TO BE SEIZED

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds or fruits of the offense;

(c) The means used or intended to be used for committing an offense.

 SEARCH INCIDENTAL TO LAWFUL ARREST
The ff. may be searched:

(a) Dangerous weapons; and

(b) Anything which may be used as proof of the commission of an offense.

 SECTION 4.

REQUISITES FOR ISSUING SEARCH WARRANT

(a) Must be issued upon probable cause;

(b) Probable cause must be determined by the issuing judge personally;

(c) The judge must have examined in the form of searching questions and answers, in
writing and under oath, the applicant and his witnesses on facts personally known to
them;

(d) The warrant issued must particularly describe the place to be searched and the persons
or things to be seized;

(e) It must be in connection with one offense;

(f) The sworn statements together with the affidavits submitted by witnesses must be
attached to the record;

(g) It must not have been issued more than 10 days prior to the search made pursuant
thereto.
 A SEARCH WARRANT MAY BE SAID TO PARTICULARLY DESCRIBE THE
THINGS TO BE SEIZED
(a) When the description therein is as specific as the circumstances will ordinarily allow; or

(b) When the description expresses a conclusion of fact- not law – by which the warrant
officer may be guided in making the search and seizure; or

(c) When the things described are limited to those which bear direct relation to the offense
for which the warrant is being issued;

 SECTION 6.

ISSUANCE AND FORM OF SEARCH WARRANT

 SECTION 7.

RIGHT TO BREAK DOOR OR WINDOW TO EFFECT SEARCH

 GENERAL RULE: KNOCK AND ANNOUNCE PRINCIPLE

(a) Announce their presence;

(b) Identify themselves to the accused and to the persons who rightfully have possession of
the premises to be searched;

(c) Show to them the search warrant;

(d) Explain the warrant in a language or dialect known and understood by them.
 EXCEPTIONS: WHEN UNANNOUNCED INTRUSION IS PERMISSIBLE
(a) Persons in the premises refuses to open it upon demand;

(b) Persons in the premises already knew of the identity and authority of the officers;

(c) When the officers have an honest belief that there is an imminent danger to life and
limb;

(d) When those in the premises are aware of the presence of someone outside are then
engaged in activities which justifies the officers to believe that an escape or the
destruction of evidence is imminent.
 SECTION 8.

SEARCH OF HOUSE, ROOM, OR PREMISES TO BE MADE IN PRESENCE OF TWO

WITNESSES

 TWO WITNESS RULE

Search must be conducted in the presence of:

(a) Lawful occupant of the place to be searched; or

(b) Any member of his family;

(c) In their absence, in the presence of two-witnesses of sufficient age and discretion
residing in the same locality
 SECTION 9.

TIME OF MAKING THE SEARCH

 GENERAL RULE

A search warrant must be served at daytime.

 EXCEPTIONS
(a) If there are emergencies;

(b) Property is on the person or place to be searched;

(c) Generally, all instances of valid warrantless search.

 SECTION 10.

VALIDITY OF SEARCH WARRANT

Ten (10) days from its date, thereafter, it shall be void. A search warrant can be used only
once, thereafter it becomes functus officio.
  SECTION 11.

RECEIPT FOR THE PROPERTY TO BE SEIZED

 SECTION 12.
DELIVERY OF PROPERTY AND INVENTORY THEREOF TO COURT; RETURN AND
PROCEEDINGS THEREON

 DUTIES OF THE EXECUTING OFFICER

(a) Deliver the property seized;

(b) Make a true inventory thereof to the judge who issued the warrant
 WITHIN 10 DAYS AFTER ISSUANCE OF SEARCH WARRANT, THE JUDGE
SHALL ASCERTAIN IF A RETURN HAS BEEN MADE
If it has been made: The judge shall ascertain whether Sec. 1, Rule 126 has been complied
with and shall require delivery of the property seized.

If it has not been made: The judge shall summon the executing officer and require the latter
to explain.
 SECTION 13.

SEARCH INCIDENTAL TO LAWFUL ARREST

 WHEN MAY THERE BE A SEARCH WITHOUT WARRANT

(a) In times of war within the area of military operation;

(b) As an incident of a lawful arrest. The arrest must precede the search and not the
reverse;

(c) Plain view doctrine when there are prohibited articles open to eye and hand;

(d) When there is consent;

(e) Check points under extraordinary circumstances

(g) When it is an incident of inspection;

(h) Under the Tariff and Customs Code for purposes of enforcing customs and tariff laws;

(i) Inspections or body checks in airports;

(j) Searches and seizures of vessels and aircraft; this extends to the warrantless search of a
motor vehicle for contraband;
(k) Emergency (based on probable cause under extraordinary circumstances)

(l) Enforcement of health and sanitary laws

 1. SEARCHES INCIDENTAL TO LAWFUL ARREST

This right includes searching the person who is arrested, in order to find and seize the
things connected with the crime s its fruits or as the means by which it was
committed.
 IMMEDIATE CONTROL TEST
A search incidental to a lawful warrantless arrest may extend beyond the person of one
arrested to include the premises or surroundings under his immediate control. (People
vs. Musa, G.R. No. 95329, January 27, 1993)
 REASON
To protect the arresting officer from being harmed by the person arrested, who might be
armed with concealed weapon, and to prevent the latter from destroying evidence
within reach. However, the exception should not be strained beyond what is needed to
serve its purpose. (Valeroso vs. CA, G.R. No. 164815, Sept. 3, 2009)
 2. PLAIN VIEW SEARCH; REQUISITES
(a) A prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties;

(b) The evidence was inadvertently discovered by the police who had the right to be where
they are;

(c) The evidence must be immediately apparent;

(d) There is no need for further search.

 3. ELEMENTS OF A VALID CONSENT SEARCH
(a) The right exists;

(b) The person involved had knowledge, actual or constructive, of the existence of such
rights;

(c) Actual intention to relinquish such rights.

 4. STOP AND FRISK
Its object is either to determine the identity of a suspicious individual or to maintain the
status quo momentarily while the police officer seeks to obtain more information. The
officer may search the outer clothing of the person in an attempt to discover weapons
which might be used to assault him. (Terry vs. Ohio, 392 U.S. 1)
 RULE 127

PROVISIONAL REMEDIES IN CRIMINAL CASES

 KINDS OF PROVISIONAL REMEDIES

(a) Attachment;
(b) Injunction;

(c) Receivership;

(d) Delivery of Personal Property;

(e) Support Pendente Lite

“The common denomination for success is work.

– John Rockefeller