RULE 112 they voluntarily executed and understood their

affidavits.
Preliminary Investigation
(b) Within ten (10) days after the filing of the
Section 1. Preliminary investigation defined; when
complaint, the investigating officer shall either
required. — Preliminary investigation is an inquiry or
dismiss it if he finds no ground to continue with the
proceeding to determine whether there is sufficient
investigation, or issue a subpoena to the respondent
ground to engender a well-founded belief that a
attaching to it a copy of the complaint and its
crime has been committed and the respondent is
supporting affidavits and documents.
probably guilty thereof, and should be held for trial.
The respondent shall have the right to examine the
Except as provided in section 7 of this Rule, a
evidence submitted by the complainant which he
preliminary investigation is required to be conducted
may not have been furnished and to copy them at his
before the filing of a complaint or information for an
expense. If the evidence is voluminous, the
offense where the penalty prescribed by law is at
complainant may be required to specify those which
least four (4) years, two (2) months and one (1) day
he intends to present against the respondent, and
without regard to the fine. (1a)
these shall be made available for examination or
Section 2. Officers authorized to conduct preliminary copying by the respondent at his expense.
investigations. —
Objects as evidence need not be furnished a party
The following may conduct preliminary but shall be made available for examination, copying,
investigations: or photographing at the expense of the requesting
party.
(a) Provincial or City Prosecutors and their assistants;
(c) Within ten (10) days from receipt of the subpoena
(b) Judges of the Municipal Trial Courts and with the complaint and supporting affidavits and
Municipal Circuit Trial Courts; documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other
(c) National and Regional State Prosecutors; and
supporting documents relied upon for his defense.
(d) Other officers as may be authorized by law. The counter-affidavits shall be subscribed and sworn
to and certified as provided in paragraph (a) of this
Their authority to conduct preliminary investigations section, with copies thereof furnished by him to the
shall include all crimes cognizable by the proper complainant. The respondent shall not be allowed to
court in their respective territorial jurisdictions. (2a) file a motion to dismiss in lieu of a counter-affidavit.
Section 3. Procedure. — The preliminary (d) If the respondent cannot be subpoenaed, or if
investigation shall be conducted in the following subpoenaed, does not submit counter-affidavits
manner: within the ten (10) day period, the investigating
(a) The complaint shall state the address of the officer shall resolve the complaint based on the
respondent and shall be accompanied by the evidence presented by the complainant.
affidavits of the complainant and his witnesses, as
well as other supporting documents to establish
probable cause. They shall be in such number of (e) The investigating officer may set a hearing if there
copies as there are respondents, plus two (2) copies are facts and issues to be clarified from a party or a
for the official file. The affidavits shall be subscribed witness. The parties can be present at the hearing
and sworn to before any prosecutor or government but without the right to examine or cross-examine.
official authorized to administer oath, or, in their They may, however, submit to the investigating
absence or unavailability, before a notary public, officer questions which may be asked to the party or
each of who must certify that he personally witness concerned.
examined the affiants and that he is satisfied that
The hearing shall be held within ten (10) days from prosecutor or state prosecutor to do so without
submission of the counter-affidavits and other conducting another preliminary investigation.
documents or from the expiration of the period for
If upon petition by a proper party under such rules as
their submission. It shall be terminated within five
the Department of Justice may prescribe or motu
(5) days.
proprio, the Secretary of Justice reverses or modifies
(f) Within ten (10) days after the investigation, the the resolution of the provincial or city prosecutor or
investigating officer shall determine whether or not chief state prosecutor, he shall direct the prosecutor
there is sufficient ground to hold the respondent for concerned either to file the corresponding
trial. (3a) information without conducting another preliminary
investigation, or to dismiss or move for dismissal of
Section 4. Resolution of investigating prosecutor and
the complaint or information with notice to the
its review. — If the investigating prosecutor finds
parties. The same rule shall apply in preliminary
cause to hold the respondent for trial, he shall
investigations conducted by the officers of the Office
prepare the resolution and information. He shall
of the Ombudsman. (4a)
certify under oath in the information that he, or as
shown by the record, an authorized officer, has Section 5. Resolution of investigating judge and its
personally examined the complainant and his review. — Within ten (10) days after the preliminary
witnesses; that there is reasonable ground to believe investigation, the investigating judge shall transmit
that a crime has been committed and that the the resolution of the case to the provincial or city
accused is probably guilty thereof; that the accused prosecutor, or to the Ombudsman or his deputy in
was informed of the complaint and of the evidence cases of offenses cognizable by the Sandiganbayan in
submitted against him; and that he was given an the exercise of its original jurisdiction, for
opportunity to submit controverting evidence. appropriate action. The resolution shall state the
Otherwise, he shall recommend the dismissal of the findings of facts and the law supporting his action,
complaint. together with the record of the case which shall
include: (a) the warrant, if the arrest is by virtue of a
Within five (5) days from his resolution, he shall
warrant; (b) the affidavits, counter-affidavits and
forward the record of the case to the provincial or
other supporting evidence of the parties; (c) the
city prosecutor or chief state prosecutor, or to the
undertaking or bail of the accused and the order for
Ombudsman or his deputy in cases of offenses
his release; (d) the transcripts of the proceedings
cognizable by the Sandiganbayan in the exercise of
during the preliminary investigation; and (e) the
its original jurisdiction. They shall act on the
order of cancellation of his bail bond, if the
resolution within ten (10) days from their receipt
resolution is for the dismissal of the complaint.
thereof and shall immediately inform the parties of
such action. Within thirty (30) days from receipt of the records,
the provincial or city prosecutor, or the Ombudsman
No complaint or information may be filed or
or his deputy, as the case may be, shall review the
dismissed by an investigating prosecutor without the
resolution of the investigating judge on the existence
prior written authority or approval of the provincial
of probable cause. Their ruling shall expressly and
or city prosecutor or chief state prosecutor or the
clearly state the facts and the law on which it is
Ombudsman or his deputy.
based and the parties shall be furnished with copies
Where the investigating prosecutor recommends the thereof. They shall order the release of an accused
dismissal of the complaint but his recommendation who is detained if no probable cause is found against
is disapproved by the provincial or city prosecutor or him. (5a)
chief state prosecutor or the Ombudsman or his
Section 6. When warrant of arrest may issue. — (a)
deputy on the ground that a probable cause exists,
By the Regional Trial Court. — Within ten (10) days
the latter may, by himself, file the information
from the filing of the complaint or information, the
against the respondent, or direct any other assistant
judge shall personally evaluate the resolution of the
prosecutor and its supporting evidence. He may Section 7. When accused lawfully arrested without
immediately dismiss the case if the evidence on warrant. — When a person is lawfully arrested
record clearly fails to establish probable cause. If he without a warrant involving an offense which
finds probable cause, he shall issue a warrant of requires a preliminary investigation, the complaint or
arrest, or a commitment order if the accused has information may be filed by a prosecutor without
already been arrested pursuant to a warrant issued need of such investigation provided an inquest has
by the judge who conducted the preliminary been conducted in accordance with existing rules. In
investigation or when the complaint or information the absence or unavailability of an inquest
was filed pursuant to section 7 of this Rule. In case of prosecutor, the complaint may be filed by the
doubt on the existence of probable cause, the judge offended party or a peace office directly with the
may order the prosecutor to present additional proper court on the basis of the affidavit of the
evidence within five (5) days from notice and the offended party or arresting officer or person.
issue must be resolved by the court within thirty (30)
Before the complaint or information is filed, the
days from the filing of the complaint of information.
person arrested may ask for a preliminary
(b) By the Municipal Trial Court. — When required investigation in accordance with this Rule, but he
pursuant to the second paragraph of section 1 of this must sign a waiver of the provisions of Article 125 of
Rule, the preliminary investigation of cases falling the Revised Penal Code, as amended, in the presence
under the original jurisdiction of the Metropolitan of his counsel. Notwithstanding the waiver, he may
Trial Court, Municipal Trial Court in Cities, Municipal apply for bail and the investigation must be
Trial Court, or Municipal Circuit Trial Court may be terminated within fifteen (15) days from its
conducted by either the judge or the prosecutor. inception.
When conducted by the prosecutor, the procedure
After the filing of the complaint or information in
for the issuance of a warrant or arrest by the judge
court without a preliminary investigation, the
shall be governed by paragraph (a) of this section.
accused may, within five (5) days from the time he
When the investigation is conducted by the judge
learns of its filing, ask for a preliminary investigation
himself, he shall follow the procedure provided in
with the same right to adduce evidence in his
section 3 of this Rule. If the findings and
defense as provided in this Rule. (7a; sec. 2, R.A. No.
recommendations are affirmed by the provincial or
7438)
city prosecutor, or by the Ombudsman or his deputy,
and the corresponding information is filed, he shall Section 8. Records. — (a) Records supporting the
issue a warrant of arrest. However, without waiting information or complaint. — An information or
for the conclusion of the investigation, the judge may complaint filed in court shall be supported by the
issue a warrant of arrest if he finds after an affidavits and counter-affidavits of the parties and
examination in writing and under oath of the their witnesses, together with the other supporting
complainant and his witnesses in the form of evidence and the resolution on the case.
searching question and answers, that a probable
cause exists and that there is a necessity of placing (b) Record of preliminary investigation. — The record
the respondent under immediate custody in order of the preliminary investigation, whether conducted
not to frustrate the ends of justice. by a judge or a fiscal, shall not form part of the
record of the case. However, the court, on its own
(c) When warrant of arrest not necessary. — A initiative or on motion of any party, may order the
warrant of arrest shall not issue if the accused is production of the record or any its part when
already under detention pursuant to a warrant necessary in the resolution of the case or any
issued by the municipal trial court in accordance with incident therein, or when it is to be introduced as an
paragraph (b) of this section, or if the complaint or evidence in the case by the requesting party. (8a)
information was filed pursuant to section 7 of this
Rule or is for an offense penalized by fine only. The
court shall then proceed in the exercise of its original
jurisdiction. (6a)
Section 9. Cases not requiring a preliminary his submission to the custody of the person making
investigation nor covered by the Rule on Summary the arrest.
Procedure. —
No violence or unnecessary force shall be used in
(a) If filed with the prosecutor. — If the complaint is making an arrest. The person arrested shall not be
filed directly with the prosecutor involving an offense subject to a greater restraint than is necessary for his
punishable by imprisonment of less four (4) years, detention. (2a)
two (2) months and one (1) day, the procedure
Section 3. Duty of arresting officer. — It shall be the
outlined in section 3(a) of this Rule shall be
duty of the officer executing the warrant to arrest
observed. The prosecutor shall act on the complaint
the accused and to deliver him to the nearest police
based on the affidavits and other supporting
station or jail without unnecessary delay. (3a)
documents submitted by the complainant within ten
(10) days from its filing. Section 4. Execution of warrant. — The head of the
office to whom the warrant of arrest was delivered
(b) If filed with the Municipal Trial Court. — If the
for execution shall cause the warrant to be executed
complaint or information is filed directly with the
within ten (10) days from its receipt. Within ten (10)
Municipal Trial Court or Municipal Circuit Trial Court
days after the expiration of the period, the officer to
for an offense covered by this section, the procedure
whom it was assigned for execution shall make a
in section 3(a) of this Rule shall be observed. If
report to the judge who issued the warrant. In case
within ten (10) days after the filing of the complaint
of his failure to execute the warrant, he shall state
or information, the judge finds no probable cause
the reasons therefor. (4a)
after personally evaluating the evidence, or after
personally examining in writing and under oath the Section 5. Arrest without warrant; when lawful. — A
complainant and his witnesses in the form of peace officer or a private person may, without a
searching question and answers, he shall dismiss the warrant, arrest a person:
same. He may, however, require the submission of
additional evidence, within ten (10) days from (a) When, in his presence, the person to be arrested
notice, to determine further the existence of has committed, is actually committing, or is
probable cause. If the judge still finds no probable attempting to commit an offense;
cause despite the additional evidence, he shall,
(b) When an offense has just been committed, and
within ten (10) days from its submission or expiration
he has probable cause to believe based on personal
of said period, dismiss the case. When he finds
knowledge of facts or circumstances that the person
probable cause, he shall issue a warrant of arrest, or
to be arrested has committed it; and
a commitment order if the accused had already been
arrested, and hold him for trial. However, if the judge (c) When the person to be arrested is a prisoner who
is satisfied that there is no necessity for placing the has escaped from a penal establishment or place
accused under custody, he may issue summons where he is serving final judgment or is temporarily
instead of a warrant of arrest. (9a) confined while his case is pending, or has escaped
while being transferred from one confinement to
RULE 113
another.
Arrest
In cases falling under paragraph (a) and (b) above,
Section 1. Definition of arrest. — Arrest is the taking the person arrested without a warrant shall be
of a person into custody in order that he may be forthwith delivered to the nearest police station or
bound to answer for the commission of an offense. jail and shall be proceeded against in accordance
(1) with section 7 of Rule 112. (5a)

Section 2. Arrest; how made. — An arrest is made by Section 6. Time of making arrest. — An arrest may
an actual restraint of a person to be arrested, or by be made on any day and at any time of the day or
night. (6)
Section 7. Method of arrest by officer by virtue of Section 12. Right to break out from building or
warrant. — When making an arrest by virtue of a enclosure. — Whenever an officer has entered the
warrant, the officer shall inform the person to be building or enclosure in accordance with the
arrested of the cause of the arrest and of the fact preceding section, he may break out therefrom when
that a warrant has been issued for his arrest, except necessary to liberate himself. (12a)
when he flees or forcibly resists before the officer
Section 13. Arrest after escape or rescue. — If a
has opportunity to so inform him, or when the giving
person lawfully arrested escapes or is rescued, any
of such information will imperil the arrest. The
person may immediately pursue or retake him
officer need not have the warrant in his possession
without a warrant at any time and in any place
at the time of the arrest but after the arrest, if the
within the Philippines. (13)
person arrested so requires, the warrant shall be
shown to him as soon as practicable. (7a) Section 14. Right of attorney or relative to visit
person arrested. — Any member of the Philippine
Section 8. Method of arrest by officer without
Bar shall, at the request of the person arrested or of
warrant. — When making an arrest without a
another acting in his behalf, have the right to visit
warrant, the officer shall inform the person to be
and confer privately with such person in the jail or
arrested of his authority and the cause of the arrest,
any other place of custody at any hour of the day or
unless the latter is either engaged in the commission
night. Subject to reasonable regulations, a relative of
of an offense, is pursued immediately after its
the person arrested can also exercise the same right.
commission, has escaped, flees or forcibly resists
(14a)
before the officer has opportunity so to inform him,
or when the giving of such information will imperil
the arrest. (8a) RULE 114
Section 9. Method of arrest by private person. — Bail
When making an arrest, a private person shall inform
the person to be arrested of the intention to arrest Section 1. Bail defined. — Bail is the security given
him and cause of the arrest, unless the latter is either for the release of a person in custody of the law,
engaged in the commission of an offense, is pursued furnished by him or a bondsman, to guarantee his
immediately after its commission, or has escaped, appearance before any court as required under the
flees, or forcibly resists before the person making the conditions hereinafter specified. Bail may be given in
arrest has opportunity to so inform him, or when the the form of corporate surety, property bond, cash
giving of such information will imperil the arrest. (9a) deposit, or recognizance. (1a)

Section 10. Officer may summon assistance. — An Section 2. Conditions of the bail; requirements. — All
officer making a lawful arrest may orally summon as kinds of bail are subject to the following conditions:
many persons as he deems necessary to assist him in
(a) The undertaking shall be effective upon approval,
effecting the arrest. Every person so summoned by
and unless cancelled, shall remain in force at all
an officer shall assist him in effecting the arrest when
stages of the case until promulgation of the
he can render such assistance without detriment to
judgment of the Regional Trial Court, irrespective of
himself. (10a)
whether the case was originally filed in or appealed
Section 11. Right of officer to break into building or to it;
enclosure. — An officer, in order to make an arrest
(b) The accused shall appear before the proper court
either by virtue of a warrant, or without a warrant as
whenever required by the court of these Rules;
provided in section 5, may break into any building or
enclosure where the person to be arrested is or is (c) The failure of the accused to appear at the trial
reasonably believed to be, if he is refused without justification and despite due notice shall be
admittance thereto, after announcing his authority deemed a waiver of his right to be present thereat.
and purpose. (11a) In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the (a) That he is a recidivist, quasi-recidivist, or habitual
court for execution of the final judgment. delinquent, or has committed the crime aggravated
by the circumstance of reiteration;
The original papers shall state the full name and
address of the accused, the amount of the (b) That he has previously escaped from legal
undertaking and the conditions herein required. confinement, evaded sentence, or violated the
Photographs (passport size) taken within the last six conditions of his bail without valid justification;
(6) months showing the face, left and right profiles of
(c) That he committed the offense while under
the accused must be attached to the bail. (2a)
probation, parole, or conditional pardon;
Section 3. No release or transfer except on court
(d) That the circumstances of his case indicate the
order or bail. — No person under detention by legal
probability of flight if released on bail; or
process shall be released or transferred except upon
order of the court or when he is admitted to bail. (e) That there is undue risk that he may commit
(3a) another crime during the pendency of the appeal.
Section 4. Bail, a matter of right; exception. — All The appellate court may, motu proprio or on motion
persons in custody shall be admitted to bail as a of any party, review the resolution of the Regional
matter of right, with sufficient sureties, or released Trial Court after notice to the adverse party in either
on recognize as prescribed by law or this Rule (a) case. (5a)
before or after conviction by the Metropolitan Trial
Court, Municipal Trial Court, Municipal Trial Court in Section 6. Capital offense defined. — A capital
Cities, or Municipal Circuit Trial Court, and (b) before offense is an offense which, under the law existing at
conviction by the Regional Trial Court of an offense the time of its commission and of the application for
not punishable by death, reclusion perpetua, or life admission to bail, may be punished with death. (6a)
imprisonment. (4a)
Section 7. Capital offense of an offense punishable
Section 5. Bail, when discretionary. — Upon by reclusion perpetua or life imprisonment, not
conviction by the Regional Trial Court of an offense bailable. — No person charged with a capital offense,
not punishable by death, reclusion perpetua, or life or an offense punishable by reclusion perpetua or life
imprisonment, admission to bail is discretionary. The imprisonment, shall be admitted to bail when
application for bail may be filed and acted upon by evidence of guilt is strong, regardless of the stage of
the trial court despite the filing of a notice of appeal, the criminal prosecution. (7a)
provided it has not transmitted the original record to
Section 8. Burden of proof in bail application. — At
the appellate court. However, if the decision of the
the hearing of an application for bail filed by a
trial court convicting the accused changed the nature
person who is in custody for the commission of an
of the offense from non-bailable to bailable, the
offense punishable by death, reclusion perpetua, or
application for bail can only be filed with and
life imprisonment, the prosecution has the burden of
resolved by the appellate court.
showing that evidence of guilt is strong. The
Should the court grant the application, the accused evidence presented during the bail hearing shall be
may be allowed to continue on provisional liberty considered automatically reproduced at the trial, but
during the pendency of the appeal under the same upon motion of either party, the court may recall any
bail subject to the consent of the bondsman. witness for additional examination unless the latter is
dead, outside the Philippines, or otherwise unable to
If the penalty imposed by the trial court is testify. (8a)
imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled Section 9. Amount of bail; guidelines. — The judge
upon a showing by the prosecution, with notice to who issued the warrant or granted the application
the accused, of the following or other similar shall fix a reasonable amount of bail considering
circumstances: primarily, but not limited to, the following factors:
(a) Financial ability of the accused to give bail; (a) Each must be a resident owner of real estate
within the Philippines;
(b) Nature and circumstances of the offense;
(b) Where there is only one surety, his real estate
(c) Penalty for the offense charged;
must be worth at least the amount of the
(d) Character and reputation of the accused; undertaking;

(e) Age and health of the accused; (c) If there are two or more sureties, each may justify
in an amount less than that expressed in the
(f) Weight of the evidence against the accused; undertaking but the aggregate of the justified sums
must be equivalent to the whole amount of bail
(g) Probability of the accused appearing at the trial;
demanded.
(h) Forfeiture of other bail;
In all cases, every surety must be worth the amount
(i) The fact that accused was a fugitive from justice specified in his own undertaking over and above all
when arrested; and just debts, obligations and properties exempt from
execution. (12a)
(j) Pendency of other cases where the accused is on
bail. Section 13. Justification of sureties. — Every surety
shall justify by affidavit taken before the judge that
Excessive bail shall not be required. (9a) he possesses the qualifications prescribed in the
Section 10. Corporate surety. — Any domestic or preceding section. He shall describe the property
foreign corporation, licensed as a surety in given as security, stating the nature of his title, its
accordance with law and currently authorized to act encumbrances, the number and amount of other
as such, may provide bail by a bond subscribed bails entered into by him and still undischarged, and
jointly by the accused and an officer of the his other liabilities. The court may examine the
corporation duly authorized by its board of directors. sureties upon oath concerning their sufficiency in
(10a) such manner as it may deem proper. No bail shall be
approved unless the surety is qualified. (13a)
Section 11. Property bond, how posted. — A
property bond is an undertaking constituted as lien Section 14. Deposit of cash as bail. — The accused or
on the real property given as security for the amount any person acting in his behalf may deposit in cash
of the bail. Within ten (10) days after the approval of with the nearest collector or internal revenue or
the bond, the accused shall cause the annotation of provincial, city, or municipal treasurer the amount of
the lien on the certificate of title on file with the bail fixed by the court, or recommended by the
Register of Deeds if the land is registered, or if prosecutor who investigated or filed the case. Upon
unregistered, in the Registration Book on the space submission of a proper certificate of deposit and a
provided therefor, in the Registry of Deeds for the written undertaking showing compliance with the
province or city where the land lies, and on the requirements of section 2 of this Rule, the accused
corresponding tax declaration in the office of the shall be discharged from custody. The money
provincial, city and municipal assessor concerned. deposited shall be considered as bail and applied to
the payment of fine and costs while the excess, if
Within the same period, the accused shall submit to any, shall be returned to the accused or to whoever
the court his compliance and his failure to do so shall made the deposit. (14a)
be sufficient cause for the cancellation of the
property bond and his re-arrest and detention. (11a) Section 15. Recognizance. — Whenever allowed by
law or these Rules, the court may release a person in
Section 12. Qualifications of sureties in property custody to his own recognizance or that of a
bond. — The qualification of sureties in a property responsible person. (15a)
bond shall be as follows:
Section 16. Bail, when not required; reduced bail or Section 19. Release on bail. — The accused must be
recognizance. — No bail shall be required when the discharged upon approval of the bail by the judge
law or these Rules so provide. with whom it was filed in accordance with section 17
of this Rule.
When a person has been in custody for a period
equal to or more than the possible maximum Whenever bail is filed with a court other than where
imprisonment prescribe for the offense charged, he the case is pending, the judge who accepted the bail
shall be released immediately, without prejudice to shall forward it, together with the order of release
the continuation of the trial or the proceedings on and other supporting papers, to the court where the
appeal. If the maximum penalty to which the case is pending, which may, for good reason, require
accused may be sentenced is destierro, he shall be a different one to be filed. (19a)
released after thirty (30) days of preventive
Section 20. Increase or reduction of bail. — After the
imprisonment.
accused is admitted to bail, the court may, upon
A person in custody for a period equal to or more good cause, either increase or reduce its amount.
than the minimum of the principal penalty When increased, the accused may be committed to
prescribed for the offense charged, without custody if he does not give bail in the increased
application of the Indeterminate Sentence Law or amount within a reasonable period. An accused held
any modifying circumstance, shall be released on a to answer a criminal charge, who is released without
reduced bail or on his own recognizance, at the bail upon filing of the complaint or information, may,
discretion of the court. (16a) at any subsequent stage of the proceedings and
whenever a strong showing of guilt appears to the
Section 17. Bail, where filed. — (a) Bail in the
court, be required to give bail in the amount fixed, or
amount fixed may be filed with the court where the
in lieu thereof, committed to custody. (20a)
case is pending, or in the absence or unavailability of
the judge thereof, with any regional trial judge, Section 21. Forfeiture of bond. — When the presence
metropolitan trial judge, municipal trial judge, or of the accused is required by the court or these
municipal circuit trial judge in the province, city, or Rules, his bondsmen shall be notified to produce him
municipality. If the accused is arrested in a province, before the court on a given date and time. If the
city, or municipality other than where the case is accused fails to appear in person as required, his bail
pending, bail may also be filed with any regional trial shall be declared forfeited and the bondsmen given
court of said place, or if no judge thereof is available, thirty (30) days within which to produce their
with any metropolitan trial judge, municipal trial principal and to show cause why no judgment should
judge, or municipal circuit trial judge therein. be rendered against them for the amount of their
bail. Within the said period, the bondsmen must:
(b) Where the grant of bail is a matter of discretion,
or the accused seeks to be released on recognizance, (a) produce the body of their principal or give the
the application may only be filed in the court where reason for his non-production; and
the case is pending, whether on preliminary
(b) explain why the accused did not appear before
investigation, trial, or on appeal.
the court when first required to do so.
(c) Any person in custody who is not yet charged in
Failing in these two requisites, a judgment shall be
court may apply for bail with any court in the
rendered against the bondsmen, jointly and
province, city, or municipality where he is held. (17a)
severally, for the amount of the bail. The court shall
Section 18. Notice of application to prosecutor. — In not reduce or otherwise mitigate the liability of the
the application for bail under section 8 of this Rule, bondsmen, unless the accused has been surrendered
the court must give reasonable notice of the hearing or is acquitted. (21a)
to the prosecutor or require him to submit his
Section 22. Cancellation of bail. — Upon application
recommendation. (18a)
of the bondsmen, with due notice to the prosecutor,
the bail may be cancelled upon surrender of the respective municipalities and submit a report to the
accused or proof of his death. executive judge of the Regional Trial Court having
jurisdiction therein.
The bail shall be deemed automatically cancelled
upon acquittal of the accused, dismissal of the case, A monthly report of such visitation shall be
or execution of the judgment of conviction. submitted by the executive judges to the Court
Administrator which shall state the total number of
In all instances, the cancellation shall be without
detainees, the names of those held for more than
prejudice to any liability on the bond. (22a)
thirty (30) days, the duration of detention, the crime
Section 23. Arrest of accused out on bail. — For the charged, the status of the case, the cause for
purpose of surrendering the accused, the bondsmen detention, and other pertinent information. (25a)
may arrest him or, upon written authority endorsed
Section 26. Bail not a bar to objections on illegal
on a certified copy of the undertaking, cause him to
arrest, lack of or irregular preliminary investigation.
be arrested by a police officer or any other person of
— An application for or admission to bail shall not
suitable age and discretion.
bar the accused from challenging the validity of his
An accused released on bail may be re-arrested arrest or the legality of the warrant issued therefor,
without the necessity of a warrant if he attempts to or from assailing the regularity or questioning the
depart from the Philippines without permission of absence of a preliminary investigation of the charge
the court where the case is pending. (23a) against him, provided that he raises them before
entering his plea. The court shall resolve the matter
Section 24. No bail after final judgment; exception. as early as practicable but not later than the start of
— No bail shall be allowed after the judgment of the trial of the case. (n)
conviction has become final. If before such finality,
the accused has applies for probation, he may be RULE 115
allowed temporary liberty under his bail. When no
Rights of Accused
bail was filed or the accused is incapable of filing
one, the court may allow his release on recognizance Section 1. Rights of accused at the trial. — In all
to the custody of a responsible member of the criminal prosecutions, the accused shall be entitled
community. In no case shall bail be allowed after the to the following rights:
accused has commenced to serve sentence. (24a)
(a) To be presumed innocent until the contrary is
Section 25. Court supervision of detainees. — The proved beyond reasonable doubt.
court shall exercise supervision over all persons in
(b) To be informed of the nature and cause of the
custody for the purpose of eliminating unnecessary
accusation against him.
detention. The executive judges of the Regional Trial
Courts shall conduct monthly personal inspections of (c) To be present and defend in person and by
provincial, city, and municipal jails and their counsel at every stage of the proceedings, from
prisoners within their respective jurisdictions. They arraignment to promulgation of the judgment. The
shall ascertain the number of detainees, inquire on accused may, however, waive his presence at the trial
their proper accommodation and health and pursuant to the stipulations set forth in his bail,
examine the condition of the jail facilities. They shall unless his presence is specifically ordered by the
order the segregation of sexes and of minors from court for purposes of identification. The absence of
adults, ensure the observance of the right of the accused without justifiable cause at the trial of
detainees to confer privately with counsel, and strive which he had notice shall be considered a waiver of
to eliminate conditions inimical to the detainees. his right to be present thereat. When an accused
under custody escapes, he shall be deemed to have
In cities and municipalities to be specified by the
waived his right to be present on all subsequent trial
Supreme Court, the municipal trial judges or
dates until custody over him is regained. Upon
municipal circuit trial judges shall conduct monthly
motion, the accused may be allowed to defend
personal inspections of the municipal jails in their
himself in person when it sufficiently appears to the (c) When the accused refuses to plead or makes a
court that he can properly protect his right without conditional plea, a plea of not guilty shall be entered
the assistance of counsel. for him. (1a)

(d) To testify as a witness in his own behalf but (d) When the accused pleads guilty but presents
subject to cross-examination on matters covered by exculpatory evidence, his plea shall be deemed
direct examination. His silence shall not in any withdrawn and a plea of not guilty shall be entered
manner prejudice him. for him. (n)

(e) To be exempt from being compelled to be a (e) When the accused is under preventive detention,
witness against himself. his case shall be raffled and its records transmitted to
the judge to whom the case was raffled within three
(f) To confront and cross-examine the witnesses
(3) days from the filing of the information or
against him at the trial. Either party may utilize as
complaint. The accused shall be arraigned within ten
part of its evidence the testimony of a witness who is
(10) days from the date of the raffle. The pre-trial
deceased, out of or can not with due diligence be
conference of his case shall be held within ten (10)
found in the Philippines, unavailable or otherwise
days after arraignment. (n)
unable to testify, given in another case or
proceeding, judicial or administrative, involving the (f) The private offended party shall be required to
same parties and subject matter, the adverse party appear at the arraignment for purposes of plea
having the opportunity to cross-examine him. bargaining, determination of civil liability, and other
matters requiring his presence. In case of failure of
(g) To have compulsory process issued to secure the
the offended party to appear despite due notice, the
attendance of witnesses and production of other
court may allow the accused to enter a plea of guilty
evidence in his behalf.
to a lesser offense which is necessarily included in
(h) To have speedy, impartial and public trial. the offense charged with the conformity of the trial
prosecutor alone. (cir. 1-89)
(i) To appeal in all cases allowed and in the manner
prescribed by law. (1a) (g) Unless a shorter period is provided by special law
or Supreme Court circular, the arraignment shall be
RULE 116 held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused.
Arraignment and Plea
The time of the pendency of a motion to quash or for
Section 1. Arraignment and plea; how made. — a bill of particulars or other causes justifying
suspension of the arraignment shall be excluded in
(a) The accused must be arraigned before the court computing the period. (sec. 2, cir. 38-98)
where the complaint or information was filed or
assigned for trial. The arraignment shall be made in Section 2. Plea of guilty to a lesser offense. — At
open court by the judge or clerk by furnishing the arraignment, the accused, with the consent of the
accused with a copy of the complaint or information, offended party and the prosecutor, may be allowed
reading the same in the language or dialect known to by the trial court to plead guilty to a lesser offense
him, and asking him whether he pleads guilty or not which is necessarily included in the offense charged.
guilty. The prosecution may call at the trial witnesses After arraignment but before trial, the accused may
other than those named in the complaint or still be allowed to plead guilty to said lesser offense
information. after withdrawing his plea of not guilty. No
amendment of the complaint or information is
(b) The accused must be present at the arraignment necessary. (sec. 4, circ. 38-98)
and must personally enter his plea. Both arraignment
and plea shall be made of record, but failure to do so Section 3. Plea of guilty to capital offense; reception
shall not affect the validity of the proceedings. of evidence. — When the accused pleads guilty to a
capital offense, the court shall conduct a searching
inquiry into the voluntariness and full Section 10. Production or inspection of material
comprehension of the consequences of his plea and evidence in possession of prosecution. — Upon
require the prosecution to prove his guilt and the motion of the accused showing good cause and with
precise degree of culpability. The accused may notice to the parties, the court, in order to prevent
present evidence in his behalf. (3a) surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection
Section 4. Plea of guilty to non-capital
and copying or photographing of any written
offense; reception of evidence, discretionary. —
statement given by the complainant and other
When the accused pleads guilty to a non-capital
witnesses in any investigation of the offense
offense, the court may receive evidence from the
conducted by the prosecution or other investigating
parties to determine the penalty to be imposed. (4)
officers, as well as any designated documents,
Section 5. Withdrawal of improvident plea of guilty. papers, books, accounts, letters, photographs,
— At any time before the judgment of conviction objects or tangible things not otherwise privileged,
becomes final, the court may permit an improvident which constitute or contain evidence material to any
plea of guilty to be withdrawn and be substituted by matter involved in the case and which are in the
a plea of not guilty. (5) possession or under the control of the prosecution,
police, or other law investigating agencies. (11a)
Section 6. Duty of court to inform accused of his
right to counsel. — Before arraignment, the court Section 11. Suspension of arraignment. — Upon
shall inform the accused of his right to counsel and motion by the proper party, the arraignment shall be
ask him if he desires to have one. Unless the accused suspended in the following cases:
is allowed to defend himself in person or has
(a) The accused appears to be suffering from an
employed a counsel of his choice, the court must
unsound mental condition which effective renders
assign a counsel de oficio to defend him. (6a)
him unable to fully understand the charge against
Section 7. Appointment of counsel de oficio. — The him and to plead intelligently thereto. In such case,
court, considering the gravity of the offense and the the court shall order his mental examination and, if
difficulty of the questions that may arise, shall necessary, his confinement for such purpose;
appoint as counsel de oficio only such members of
(b) There exists a prejudicial question; and
the bar in good standing who, by reason of their
experience and ability, can competently defend the (c) A petition for review of the resolution of the
accused. But in localities where such members of the prosecutor is pending at either the Department of
bar are not available, the court may appoint any Justice, or the Office of the President; provided, that
person, resident of the province and of good repute the period of suspension shall not exceed sixty (60)
for probity and ability, to defend the accused. (7a) days counted from the filing of the petition with the
reviewing office. (12a)
Section 8. Time for counsel de oficio to prepare for
arraignment. — Whenever a counsel de oficio is RULE 117
appointed by the court to defend the accused at the
Motion to Quash
arraignment, he shall be given a reasonable time to
consult with the accused as to his plea before Section 1. Time to move to quash. — At any time
proceeding with the arraignment. (8) before entering his plea, the accused may move to
quash the complaint or information. (1)
Section 9. Bill of particulars. — The accused may,
before arraignment, move for a bill of particulars to Section 2. Form and contents. — The motion to
enable him properly to plead and to prepare for trial. quash shall be in writing, signed by the accused or
The motion shall specify the alleged defects of the his counsel and shall distinctly specify its factual and
complaint or information and the details desired. legal grounds. The court shall consider no ground
(10a) other than those stated in the motion, except lack of
jurisdiction over the offense charged. (2a)
Section 3. Grounds. — The accused may move to made or if having been made, no new information is
quash the complaint or information on any of the filed within the time specified in the order or within
following grounds: such further time as the court may allow for good
cause, the accused, if in custody, shall be discharged
(a) That the facts charged do not constitute an
unless he is also in custody for another charge. (5a)
offense;
Section 6. Order sustaining the motion to quash not
(b) That the court trying the case has no jurisdiction
a bar to another prosecution; exception. — An order
over the offense charged;
sustaining the motion to quash is not a bar to
(c) That the court trying the case has no jurisdiction another prosecution for the same offense unless the
over the person of the accused; motion was based on the grounds specified in
section 3 (g) and (i) of this Rule. (6a)
(d) That the officer who filed the information had no
authority to do so; Section 7. Former conviction or acquittal; double
jeopardy. — When an accused has been convicted or
(e) That it does not conform substantially to the acquitted, or the case against him dismissed or
prescribed form; otherwise terminated without his express consent by
a court of competent jurisdiction, upon a valid
(f) That more than one offense is charged except
complaint or information or other formal charge
when a single punishment for various offenses is
sufficient in form and substance to sustain a
prescribed by law;
conviction and after the accused had pleaded to the
(g) That the criminal action or liability has been charge, the conviction or acquittal of the accused or
extinguished; the dismissal of the case shall be a bar to another
prosecution for the offense charged, or for any
(h) That it contains averments which, if true, would attempt to commit the same or frustration thereof,
constitute a legal excuse or justification; and or for any offense which necessarily includes or is
(i) That the accused has been previously convicted or necessarily included in the offense charged in the
acquitted of the offense charged, or the case against former complaint or information.
him was dismissed or otherwise terminated without However, the conviction of the accused shall not be a
his express consent. (3a) bar to another prosecution for an offense which
Section 4. Amendment of the complaint or necessarily includes the offense charged in the
information. — If the motion to quash is based on an former complaint or information under any of the
alleged defect of the complaint or information which following instances:
can be cured by amendment, the court shall order (a) the graver offense developed due to supervening
that an amendment be made. (4a) facts arising from the same act or omission
If it is based on the ground that the facts charged do constituting the former charge;
not constitute an offense, the prosecution shall be (b) the facts constituting the graver charge became
given by the court an opportunity to correct the known or were discovered only after a plea was
defect by amendment. The motion shall be granted if entered in the former complaint or information; or
the prosecution fails to make the amendment, or the
complaint or information still suffers from the same (c) the plea of guilty to the lesser offense was made
defect despite the amendment. (n) without the consent of the prosecutor and of the
offended party except as provided in section 1 (f) of
Section 5. Effect of sustaining the motion to quash. Rule 116.
— If the motion to quash is sustained, the court may
order that another complaint or information be filed In any of the foregoing cases, where the accused
except as provided in section 6 of this rule. If the satisfies or serves in whole or in part the judgment,
order is made, the accused, if in custody, shall not be he shall be credited with the same in the event of
discharged unless admitted to bail. If no order is conviction for the graver offense. (7a)
Section 8. Provisional dismissal. — A case shall not (f) such other matters as will promote a fair and
be provisionally dismissed except with the express expeditious trial of the criminal and civil aspects of
consent of the accused and with notice to the the case. (secs. 2 and 3, cir. 38-98)
offended party.
Section 2. Pre-trial agreement. — All agreements or
The provisional dismissal of offenses punishable by admissions made or entered during the pre-trial
imprisonment not exceeding six (6) years or a fine of conference shall be reduced in writing and signed by
any amount, or both, shall become permanent one the accused and counsel, otherwise, they cannot be
(1) year after issuance of the order without the case used against the accused. The agreements covering
having been revived. With respect to offenses the matters referred to in section 1 of this Rule shall
punishable by imprisonment of more than six (6) be approved by the court. (sec. 4, cir. 38-98)
years, their provisional dismissal shall become
Section 3. Non-appearance at pre-trial conference.
permanent two (2) years after issuance of the order
— If the counsel for the accused or the prosecutor
without the case having been revived. (n)
does not appear at the pre-trial conference and does
Section 9. Failure to move to quash or to allege any not offer an acceptable excuse for his lack of
ground therefor. — The failure of the accused to cooperation, the court may impose proper sanctions
assert any ground of a motion to quash before he or penalties. (se. 5, cir. 38-98)
pleads to the complaint or information, either
Section 4. Pre-trial order. — After the pre-trial
because he did not file a motion to quash or failed to
conference, the court shall issue an order reciting the
allege the same in said motion, shall be deemed a
actions taken, the facts stipulated, and evidence
waiver of any objections based on the grounds
marked. Such order shall bind the parties, limit the
provided for in paragraphs (a), (b), (g), and (i) of
trial to matters not disposed of, and control the
section 3 of this Rule. (8)
course of the action during the trial, unless modified
RULE 118 by the court to prevent manifest injustice. (3)

Pre-Trial RULE 119

Section 1. Pre-trial; mandatory in criminal cases. — Trial

In all criminal cases cognizable by the
Section 1. Time to prepare for trial. — After a plea of
Sandiganbayan, Regional Trial Court, Metropolitan
not guilty is entered, the accused shall have at least
Trial Court, Municipal Trial Court in Cities, Municipal
fifteen (15) days to prepare for trial. The trial shall
Trial Court and Municipal Circuit Trial Court, the
commence within thirty (30) days from receipt of the
court shall after arraignment and within thirty (30)
pre-trial order. (sec. 6, cir. 38-98)
days from the date the court acquires jurisdiction
over the person of the accused, unless a shorter Section 2. Continuous trial until
period is provided for in special laws or circulars of terminated; postponements. — Trial once
the Supreme Court, order a pre-trial conference to commenced shall continue from day to day as far as
consider the following: practicable until terminated. It may be postponed for
a reasonable period of time for good cause. (2a)
(a) plea bargaining;
The court shall, after consultation with the
(b) stipulation of facts;
prosecutor and defense counsel, set the case for
(c) marking for identification of evidence of the continuous trial on a weekly or other short-term trial
parties; calendar at the earliest possible time so as to ensure
speedy trial. In no case shall the entire trial period
(d) waiver of objections to admissibility of evidence;
exceed one hundred eighty (180) days from the first
(e) modification of the order of trial if the accused day of trial, except as otherwise authorized by the
admits the charge but interposes a lawful defense; Supreme Court. (sec. 8, cir. 38-98).
and
The time limitations provided under this section and (d) If the information is dismissed upon motion of
the preceding section shall not apply where special the prosecution and thereafter a charge is filed
laws or circulars of the Supreme Court provide for a against the accused for the same offense, any period
shorter period of trial. (n) of delay from the date the charge was dismissed to
the date the time limitation would commence to run
Section 3. Exclusions. — The following periods of
as to the subsequent charge had there been no
delay shall be excluded in computing the time within
previous charge.
which trial must commence:
(e) A reasonable period of delay when the accused is
(a) Any period of delay resulting from other
joined for trial with a co-accused over whom the
proceedings concerning the accused, including but
court has not acquired jurisdiction, or, as to whom
not limited to the following:
the time for trial has not run and no motion for
(1) Delay resulting from an examination of the separate trial has been granted.
physical and mental condition of the accused;
(f) Any period of delay resulting from a continuance
(2) Delay resulting from proceedings with respect to granted by any court motu proprio, or on motion of
other criminal charges against the accused; either the accused or his counsel, or the prosecution,
if the court granted the continuance on the basis of
(3) Delay resulting from extraordinary remedies its findings set forth in the order that the ends of
against interlocutory orders; justice served by taking such action outweigh the
best interest of the public and the accused in a
(4) Delay resulting from pre-trial proceedings;
speedy trial. (sec. 9, cir. 38-98)
provided, that the delay does not exceed thirty (30)
days; Section 4. Factors for granting continuance. — The
following factors, among others, shall be considered
(5) Delay resulting from orders of inhibition, or
by a court in determining whether to grant a
proceedings relating to change of venue of cases or
continuance under section 3(f) of this Rule.
transfer from other courts;
(a) Whether or not the failure to grant a continuance
(6) Delay resulting from a finding of the existence of
in the proceeding would likely make a continuation
a prejudicial question; and
of such proceeding impossible or result in a
(7) Delay reasonably attributable to any period, not miscarriage of justice; and
exceed thirty (30) days, during which any proceeding
(b) Whether or not the case taken as a whole is so
which any proceeding concerning the accused is
novel, unusual and complex, due to the number of
actually under advisement.
accused or the nature of the prosecution, or that it is
(b) Any period of delay resulting from the absence or unreasonable to expect adequate preparation within
unavailability of an essential witness. the periods of time established therein.

For purposes of this subparagraph, an essential In addition, no continuance under section 3(f) of this
witness shall be considered absent when his Rule shall be granted because of congestion of the
whereabouts are unknown or his whereabouts court's calendar or lack of diligent preparation or
cannot be determined by due diligence. He shall be failure to obtain available witnesses on the part of
considered unavailable whenever his whereabouts the prosecutor. (sec. 10, cir. 38-98)
are known but his presence for trial cannot be
Section 5. Time limit following an order for new trial.
obtained by due diligence.
— If the accused is to be tried again pursuant to an
(c) Any period of delay resulting from the mental order for a new trial, the trial shall commence within
incompetence or physical inability of the accused to thirty (30) days from notice of the order, provided
stand trial. that if the period becomes impractical due to
unavailability of witnesses and other factors, the
court may extend it but not to exceed one hundred
eighty (180) days from notice of said order for a new (a) Knowingly allows the case to be set for trial
trial. (sec. 11, cir. 38-98) without disclosing that a necessary witness would be
unavailable for trial;
Section 6. Extended time limit. — Notwithstanding
the provisions of section 1(g), Rule 116 and the (b) Files a motion solely for delay which he knows is
preceding section 1, for the first twelve-calendar- totally frivolous and without merit;
month period following its effectivity on September
(c) Makes a statement for the purpose of obtaining
15, 1998, the time limit with respect to the period
continuance which he knows to be false and which is
from arraignment to trial imposed by said provision
material to the granting of a continuance; or
shall be one hundred eighty (180) days. For the
second twelve-month period, the limit shall be one (d) Willfully fails to proceed to trial without
hundred twenty (120) days, and for the third twelve- justification consistent with the provisions hereof,
month period, the time limit shall be eighty (80) the court may punish such counsel, attorney, or
days. (sec. 7, cir. 38-98) prosecution, as follows:
Section 7. Public attorney's duties where accused is (1) By imposing on a counsel privately retained in
imprisoned. — If the public attorney assigned to connection with the defense of an accused, a fine
defend a person charged with a crime knows that the not exceeding twenty thousand pesos (P20,000.00);
latter is preventively detained, either because he is
charged with a bailable crime but has no means to (2) By imposing on any appointed counsel de oficio,
post bail, or, is charged with a non-bailable crime, or, public attorney, or prosecutor a fine not exceeding
is serving a term of imprisonment in any penal five thousand pesos (P5,000.00); and
institution, it shall be his duty to do the following:
(3) By denying any defense counsel or prosecutor the
(a) Shall promptly undertake to obtain the presence right to practice before the court trying the case for a
of the prisoner for trial or cause a notice to be served period not exceeding thirty (30) days. The
on the person having custody of the prisoner punishment provided for by this section shall be
requiring such person to so advise the prisoner of his without prejudice to any appropriate criminal action
right to demand trial. or other sanction authorized under these rules. (sec.
13, cir. 38-98)
(b) Upon receipt of that notice, the custodian of the
prisoner shall promptly advise the prisoner of the Section 9. Remedy where accused is not brought to
charge and of his right to demand trial. If at anytime trial within the time limit. — If the accused is not
thereafter the prisoner informs his custodian that he brought to trial within the time limit required by
demands such trial, the latter shall cause notice to Section 1(g), Rule 116 and Section 1, as extended by
that effect to sent promptly to the public attorney. Section 6 of this rule, the information may be
dismissed on motion of the accused on the ground of
(c) Upon receipt of such notice, the public attorney denial of his right of speedy trial. The accused shall
shall promptly seek to obtain the presence of the have the burden of proving the motion but the
prisoner for trial. prosecution shall have the burden of going forward
with the evidence to establish the exclusion of time
(d) When the custodian of the prisoner receives from
under section 3 of this rule. The dismissal shall be
the public attorney a properly supported request for
subject to the rules on double jeopardy.
the availability of the prisoner for purposes of trial,
the prisoner shall be made available accordingly. Failure of the accused to move for dismissal prior to
(sec. 12, cir. 38-98) trial shall constitute a waiver of the right to dismiss
under this section. (sec. 14, cir. 38-98)
Section 8. Sanctions. — In any case in which private
counsel for the accused, the public attorney, or the Section 10. Law on speedy trial not a bar to provision
prosecutor. on speedy trial in the Constitution. — No provision of
law on speedy trial and no rule implementing the
same shall be interpreted as a bar to any charge of will be made directing that the witness be examined
denial of the right to speedy trial guaranteed by at a specified date, time and place and that a copy of
section 14(2), article III, of the 1987 Constitution. the order be served on the prosecutor at least three
(sec. 15, cir. 38-98) (3) days before the scheduled examination. The
examination shall be taken before a judge, or, if not
Section 11. Order of trial. — The trial shall proceed in
practicable, a member of the Bar in good standing so
the following order:
designated by the judge in the order, or if the order
(a) The prosecution shall present evidence to prove be made by a court of superior jurisdiction, before an
the charge and, in the proper case, the civil liability. inferior court to be designated therein. The
examination shall proceed notwithstanding the
(b) The accused may present evidence to prove his absence of the prosecutor provided he was duly
defense, and damages, if any, arising from the notified of the hearing. A written record of the
issuance of a provisional remedy in the case. testimony shall be taken. (5a)
(c) The prosecution and the defense may, in that Section 14. Bail to secure appearance of material
order, present rebuttal and sur-rebuttal evidence witness. — When the court is satisfied, upon proof or
unless the court, in furtherance of justice, permits oath, that a material witness will not testify when
them to present additional evidence bearing upon required, it may, upon motion of either party, order
the main issue. the witness to post bail in such sum as may be
deemed proper. Upon refusal to post bail, the court
(d) Upon admission of the evidence of the parties,
shall commit him to prison until he complies or is
the case shall be deemed submitted for decision
legally discharged after his testimony has been taken.
unless the court directs them to argue orally or to
(6a)
submit written memoranda.
Section 15. Examination of witness for the
(e) When the accused admits the act or omission
prosecution. — When it satisfactorily appears that a
charged in the complaint or information but
witness for the prosecution is too sick or infirm to
interposes a lawful defense, the order of trial may be
appear at the trial as directed by the order of the
modified. (3a)
court, or has to leave the Philippines with no definite
Section 12. Application for examination of witness date of returning, he may forthwith be conditionally
for accused before trial. — When the accused has examined before the court where the case is
been held to answer for an offense, he may, upon pending. Such examination, in the presence of the
motion with notice to the other parties, have accused, or in his absence after reasonable notice to
witnesses conditionally examined in his behalf. The attend the examination has been served on him,
motion shall state: (a) the name and residence of the shall be conducted in the same manner as an
witness; (b) the substance of his testimony; and (c) examination at the trial. Failure or refusal of the
that the witness is sick or infirm as to afford accused to attend the examination after notice shall
reasonable ground for believing that he will not be be considered a waiver. The statement taken may be
able to attend the trial, or resides more than one admitted in behalf of or against the accused. (7a)
hundred (100) kilometers from the place of trial and
Section 16. Trial of several accused. — When two or
has no means to attend the same, or that other
more accused are jointly charged with any offense,
similar circumstances exist that would make him
they shall be tried jointly unless the court, in its
unavailable or prevent him from attending the trial.
discretion and upon motion of the prosecutor or any
The motion shall be supported by an affidavit of the
accused, orders separate trial for one or more
accused and such other evidence as the court may
accused. (8a)
require. (4a)
Section 17. Discharge of accused to be state witness.
Section 13. Examination of defense witness; how
— When two or more persons are jointly charged
made. — If the court is satisfied that the examination
with the commission of any offense, upon motion of
of a witness for the accused is necessary, an order
the prosecution before resting its case, the court may Section 20. Appointment of acting prosecutor. —
direct one or more of the accused to be discharged When a prosecutor, his assistant or deputy is
with their consent so that they may be witnesses for disqualified to act due to any of the grounds stated in
the state when, after requiring the prosecution to section 1 of Rule 137 or for any other reasons, the
present evidence and the sworn statement of each judge or the prosecutor shall communicate with the
proposed state witness at a hearing in support of the Secretary of Justice in order that the latter may
discharge, the court is satisfied that: appoint an acting prosecutor. (12a)

(a) There is absolute necessity for the testimony of Section 21. Exclusion of the public. — The judge
the accused whose discharge is requested; may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during the
(b) The is no other direct evidence available for the
trial is offensive to decency or public morals. He may
proper prosecution of the offense committed, except
also, on motion of the accused, exclude the public
the testimony of said accused;
from the trial, except court personnel and the
(c) The testimony of said accused can be counsel of the parties. (13a)
substantially corroborated in its material points;
Section 22. Consolidation of trials of related offenses.
(d) Said accused does not appear to be the most — Charges for offenses founded on the same facts or
guilty; and forming part of a series of offenses of similar
character may be tried jointly at the discretion of the
(e) Said accused has not at any time been convicted court. (14a)
of any offense involving moral turpitude.
Section 23. Demurrer to evidence. — After the
Evidence adduced in support of the discharge shall prosecution rests its case, the court may dismiss the
automatically form part of the trial. If the court action on the ground of insufficiency of evidence (1)
denies the motion for discharge of the accused as on its own initiative after giving the prosecution the
state witness, his sworn statement shall be opportunity to be heard or (2) upon demurrer to
inadmissible in evidence. (9a) evidence filed by the accused with or without leave
of court.
Section 18. Discharge of accused operates as
acquittal. — The order indicated in the preceding If the court denies the demurrer to evidence filed
section shall amount to an acquittal of the with leave of court, the accused may adduce
discharged accused and shall be a bar to future evidence in his defense. When the demurrer to
prosecution for the same offense, unless the accused evidence is filed without leave of court, the accused
fails or refuses to testify against his co-accused in waives the right to present evidence and submits the
accordance with his sworn statement constituting case for judgment on the basis of the evidence for
the basis for the discharge. (10a) the prosecution. (15a)
Section 19. When mistake has been made in The motion for leave of court to file demurrer to
charging the proper offense. — When it becomes evidence shall specifically state its grounds and shall
manifest at any time before judgment that a mistake be filed within a non-extendible period of five (5)
has been made in charging the proper offense and days after the prosecution rests its case. The
the accused cannot be convicted of the offense prosecution may oppose the motion within a non-
charged or any other offense necessarily included extendible period of five (5) days from its receipt.
therein, the accused shall not be discharged if there
appears good cause to detain him. In such case, the If leave of court is granted, the accused shall file the
court shall commit the accused to answer for the demurrer to evidence within a non-extendible period
proper offense and dismiss the original case upon of ten (10) days from notice. The prosecution may
the filing of the proper information. (11a) oppose the demurrer to evidence within a similar
period from its receipt.
The order denying the motion for leave of court to object to it before trial, the court may convict him of
file demurrer to evidence or the demurrer itself shall as many offenses as are charged and proved, and
not be reviewable by appeal or by certiorari before impose on him the penalty for each offense, setting
judgment. (n) out separately the findings of fact and law in each
offense. (3a)
Section 24. Reopening. — At any time before finality
of the judgment of conviction, the judge may, motu Section 4. Judgment in case of variance between
proprio or upon motion, with hearing in either case, allegation and proof. — When there is variance
reopen the proceedings to avoid a miscarrage of between the offense charged in the complaint or
justice. The proceedings shall be terminated within information and that proved, and the offense as
thirty (30) days from the order grating it. (n) charged is included in or necessarily includes the
offense proved, the accused shall be convicted of the
RULE 120
offense proved which is included in the offense
Judgment charged, or of the offense charged which is included
in the offense proved. (4a)
Section 1. Judgment definition and form. —
Judgment is the adjudication by the court that the Section 5. When an offense includes or is included in
accused is guilty or not guilty of the offense charged another. — An offense charged necessarily includes
and the imposition on him of the proper penalty and the offense proved when some of the essential
civil liability, if any. It must be written in the official elements or ingredients of the former, as alleged in
language, personally and directly prepared by the the complaint or information, constitute the latter.
judge and signed by him and shall contain clearly and And an offense charged is necessarily included in the
distinctly a statement of the facts and the law upon offense proved, when the essential ingredients of the
which it is based. (1a) former constitute or form a part of those constituting
the latter. (5a)
Section 2. Contents of the judgment. — If the
judgment is of conviction, it shall state (1) the legal Section 6. Promulgation of judgment. — The
qualification of the offense constituted by the acts judgment is promulgated by reading it in the
committed by the accused and the aggravating or presence of the accused and any judge of the court
mitigating circumstances which attended its in which it was rendered. However, if the conviction
commission; (2) the participation of the accused in is for a light offense, the judgment may be
the offense, whether as principal, accomplice, or pronounced in the presence of his counsel or
accessory after the fact; (3) the penalty imposed representative. When the judge is absent or outside
upon the accused; and (4) the civil liability or of the province or city, the judgment may be
damages caused by his wrongful act or omission to promulgated by the clerk of court.
be recovered from the accused by the offended
If the accused is confined or detained in another
party, if there is any, unless the enforcement of the
province or city, the judgment may be promulgated
civil liability by a separate civil action has been
by the executive judge of the Regional Trial Court
reserved or waived.
having jurisdiction over the place of confinement or
In case the judgment is of acquittal, it shall state detention upon request of the court which rendered
whether the evidence of the prosecution absolutely the judgment. The court promulgating the judgment
failed to prove the guilt of the accused or merely shall have authority to accept the notice of appeal
failed to prove his guilt beyond reasonable doubt. In and to approve the bail bond pending
either case, the judgment shall determine if the act appeal; provided, that if the decision of the trial
or omission from which the civil liability might arise court convicting the accused changed the nature of
did not exist. (2a) the offense from non-bailable to bailable, the
application for bail can only be filed and resolved by
Section 3. Judgment for two or more offenses. — the appellate court.
When two or more offenses are charged in a single
complaint or information but the accused fails to
The proper clerk of court shall give notice to the
accused personally or through his bondsman or
warden and counsel, requiring him to be present at
the promulgation of the decision. If the accused
tried in absentia because he jumped bail or escaped
from prison, the notice to him shall be served at his
last known address.

In case the accused fails to appear at the scheduled

date of promulgation of judgment despite notice, the
promulgation shall be made by recording the
judgment in the criminal docket and serving him a
copy thereof at his last known address or thru his
counsel.

If the judgment is for conviction and the failure of

the accused to appear was without justifiable cause,
he shall lose the remedies available in these rules
against the judgment and the court shall order his
arrest. Within fifteen (15) days from promulgation of
judgment, however, the accused may surrender and
file a motion for leave of court to avail of these
remedies. He shall state the reasons for his absence
at the scheduled promulgation and if he proves that
his absence was for a justifiable cause, he shall be
allowed to avail of said remedies within fifteen (15)
days from notice. (6a)

Section 7. Modification of judgment. — A judgment

of conviction may, upon motion of the accused, be
modified or set aside before it becomes final or
before appeal is perfected. Except where the death
penalty is imposed, a judgment becomes final after
the lapse of the period for perfecting an appeal, or
when the sentence has been partially or totally
satisfied or served, or when the accused has waived
in writing his right to appeal, or has applied for
probation. (7a)

Section 8. Entry of judgment. — After a judgment

has become final, it shall be entered in accordance
with Rule 36. (8)

Section 9. Existing provisions governing suspension

of sentence, probation and parole not affected by
this Rule. — Nothing in this Rule shall affect any
existing provisions in the laws governing suspension
of sentence, probation or parole. (9a)