CRIMINAL PROCEDURE OUTLINE

Rules 110-116 of the Revised Rules of Court

Coverage for Pre-Midterm

Criminal Procedure
-The method prescribed by law for the apprehension and prosecution of persons accused of
any criminal offense, and their punishment, in case of conviction.

-It is concerned with the procedural steps through which a criminal case passes,
commencing with the initial investigation of a crime and concluding with the unconditional
release of the offender.

-It is a generic term used to describe the network of laws and rules which govern the
procedural administration of criminal justice.

Criminal Jurisdiction
- The authority to hear and decide a particular offense and impose punishment for it.

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:

1.) Jurisdiction over the subject matter – The offense by virtue of the imposable
penalty or its nature, is one which the court is by law authorized to take cognizance
of.
2.) Jurisdiction over the territory – The offense must have been committed within its
territorial jurisdiction or any of its essential ingredients.
3.) Jurisdiction over the person of the accused- The person charged with the
offense must have been brought to its presence for trial, forcibly by warrant of arrest
or upon his voluntary submission to the court.

JURISDICTION OVER THE SUBJECT MATTER JURISDICTION OVER THE PERSON OF

THE ACCUSED
Derived from the law. It can never be acquired May be acquired by the consent of the
solely by the consent of the parties accused or by waiver of objections.
Objection that the court has no jurisdiction of If the accused fails to make his objection
the subject matter may be made at any stage in time, he will be deemed to have waived
of the proceeding and the right to make such it.
objection is never waived.

DETERMINATION OF CRIMINAL JURISDICTION:

1. Criminal jurisdiction determined by the allegations in the complaint or

information not by the results of proof or by the trial court’s appreciation of the
evidence presented.
2. Criminal jurisdiction is determined by the law in force at the time of the
institution of the criminal action. ONCE VESTED IT CANNOT BE WITHDRAWN
BY:
a.) subsequent valid amendment of the information; or
b.) a subsequent statutory jurisdiction unless the amendatory law provides
otherwise.

RULE 110
PROSECUTION OF OFFENSES

For offenses where a preliminary investigation is required – by filing the complaint

which the proper officer for the purpose of conducting the requisite preliminary
investigation.

Preliminary Investigation is required for offenses where the penalty prescribed by law is
at least 4 years, 2 months and 1 day without regard to fine.
( Rule 112, Sec. 1, Par. 2)

For all other offenses – by filing the complaint or information directly with the Municipal
Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the
prosecutor.

Effect of institution of the criminal action:

Prepared by: Atty. Shervilyn Jaradil

The institution of the criminal action interrupts the running of the period of prescription of
the offense charged unless otherwise provided by special laws.

Section 2. Form of the complaint or information.

A complaint must be:

1.) in writing;
2.) In the name of the of the People of the Philippines; and
3.) Against all persons who appear to be responsible for the offense involved.

Section 3. Complaint defined.

A complaint is :

1.) A sworn written statement;

2.) Charging a person with an offense;
3.) Subscribed by the offended party, any peace officer or other public officer
charged with the enforcement of the law violated.

REQUISITES OF A COMPLAINT:

1.) It must be in writing and under oath;

2.) It must be in the name of the People of the Philippines;
3.) It must charge a person with an offense; and
4.) It must be subscribed by the offended party, by any peace officer or public officer
charged with enforcement of the law violated.

PERSONS WHO CAN FILE A COMPLAINT :

1.) Offended party;

2.) Any peace officer;
3.) Other public officer charged with the enforcement of the law violated.

Section 4. Information defined.

An information is :

1.) An accusation in writing;

2.) Charging a person with an offense;
3.) Subscribed by the prosecutor and filed with the court.

REQUISITES OF AN INFORMATION:

1.) It must be in writing;

2.) It must charge a person with an offense;
3.) It must be subscribed by the prosecutor; and
4.) It must be filed in court.

COMPLAINT INFORMATION
Subscribed by the offended party, any peace Subscribed by the prosecutor. (indispensable
officer or other officer charged with the requirement)
enforcement of the law violated.
It may be filed either in court or in the It is filed with the court
prosecutor’s office.
Must be made under oath. Need not be under oath.

Section 5. Who must prosecute criminal actions?

All criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the prosecutor.

A PRIVATE PROSECUTOR may be authorized to prosecute a criminal action subject to the

following conditions:

1.) The public prosecutor has a heavy work schedule or there is no public prosecutor
assigned in the province or city;
2.) The private prosecutor is authorized in writing by the Regional State Prosecutor
(RSP); Provincial or City Prosecutor;
3.) The authority of the private prosecutor must be approved by the court;
4.) The private prosecutor shall continue to prosecute the case until the end of the
trial, unless the authority is withdrawn or otherwise revoked by the RSP, Provincial
or City Prosecutor;
5.) In case of the withdrawal or revocation of the authority of the private prosecutor,
the same must be approved by the court.

Prepared by: Atty. Shervilyn Jaradil

 In appeals before the CA or the SC, it is only the Solicitor General that is
authorized to bring and defend actions in behalf of the People of the Philippines.

PROSECUTION OF CRIMES AGAINST CHASTITY

Who may prosecute?
1.) Concubinage and adultery- only by the offended spouse who should
have the status, capacity, and legal representation at the time of filing of
the complaint, regardless of age.
2.) Seduction, abduction and acts of lasciviousness- prosecuted
exclusively 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;
c.) By the state in the exercise of parens patriae, when the offended
party dies.
3.) A defamation imputing any of the foregoing crimes of concubinage,
adultery, seduction, abduction, rape or acts of lasciviousness can be
prosecuted only by the party or parties defamed.

If the offended party is of legal age and does not suffer from physical or mental disability,
she alone can file the complaint to the exclusion of all others.

WHO CAN GIVE A PARDON?

1.) Concubinage and adultery – only the offended spouse, not otherwise incapacitated,
can validly extend the pardon or consent.
2.) 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 minor.
c.) If the offended woman is of age and not otherwise incapacitated, only she can
extend a valid pardon.

The pardon refers to pardon before filing of the criminal complaint in court. Pardon effected
after the filing of the complaint does not prohibit the continuance of the prosecution of the
offense except in case of marriage between the offender and offended party.

PARDON VS. CONSENT

Consent refers to future acts, while pardon refers to past acts of. The importance of this
distinction is that consent, in order to absolve the accused from liability, is sufficient even if
granted only to the offending spouse, whereas pardon must be extended to both offenders.

The SUBSEQUENT MARRIAGE between the offended party and the accused extinguishes the
criminal liability of the latter, together with that of the co-principals, accomplices and
accessories.

EXPN : (VOID MARRIAGE, PRIVATE LIBEL, MULTIPLE RAPE)

 The ACQUITTAL OR DEATH or of one of the accused in the crime of adultery does
not bar the prosecution of the other accused. However, the death of the offended
spouse before the filing of the complaint for adultery bars further prosecution, BUT if
the offended spouse died after the filing of the corresponding complaint, his death
will not prevent the proceeding from continuing to its ultimate conclusion.
 DESISTANCE of complainant does not bar criminal prosecution but operates as waiver
of the right to pursue civil indemnity.

Section 6. Sufficiency of Complaint or Information

CONTENTS OF A VALID COMPLAINT OR INFORMATION

1.) Name of the Accused, including any appellation or nickname.

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 2.) The designation of the offense.
3.) The acts or omission complained of as constituting the offense.
4.) The name of the offended party.
5.) The approximate time of the commission of the offense.
6.) The place wherein the offense was committed.

Section 7. Name of the accused.

The manifest intent of the provision is to make a specific identification of the person to
whom the commission of an offense is being imputed.

Section 8. Designation of the offense.

The information or complaint must state or designate the following whenever possible.

1.) The designation of the offense given by the statute.

2.) The statement of the acts or omissions constituting the offense, in ordinary, concise
and particular words.
3.) The specific qualifying and aggravating circumstances must be stated in ordinary and
concise language.

The qualifying and aggravating circumstances cannot be appreciated even if proved unless
alleged in the information.

ALLEGATIONS PREVAIL OVER DESIGNATION OF THE OFFENSE IN THE INFORMATION

 The complaint or information that is controlling (People vs. Samillano, 56SCRA 573);
 The facts alleged therein and not its title determine the nature of the crime (People
vs. Magdowa, 73 Phil.512).
 The accused may be convicted of a crime more serious than that named int he 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(Buhat vs. Court of
Appeals, 265 SCRA701)

Section 9. Cause of Accusation.

PURPOSE

1. to enable the court to pronounce proper judgement;

2. to furnish the accused with such a description ;
3. as a protection against further prosecution for the same cause.

Section 10. Place of commission of the offense

PURPOSE

- To show territorial jurisdiction.

Section 11. Date of commission of the offense

GENERAL RULE :

It is not required that the complaint or information state with particularity the place where
the crime was committed and the date of the commission of the crime;

EXCEPTION :

If the place/date of the commission of the offense constitutes an essential element of the
offense.

Section 12. Name of the offended party

GENERAL RULE : The offended party must be designated by name, nickname, any other
appellation or by fictitious name.

EXCEPTION: In crimes against property, the description of the property must supplement the
allegation that the owner is unknown.

Section 13. Duplicity of offense

There is a duplicity of offense when the complaint or information charges 2 or more distinct
or different offenses.

GENERAL RULE:

A complaint or information must charge only one offense.

Prepared by: Atty. Shervilyn Jaradil

EXCEPTIONS:

1. Complex crimes
2. Special complex crimes
3. Continuous crimes or delicto continuado
4. Crime of which another offense is an ingredient.

Should there be duplicity of offense in the information, the accused must move
for the quashal of the same BEFORE arraignment, otherwise, he has deemed to
have waived the objection and may be found guilty as many offenses as those
charged and proved during trial.

Section 14. Amendment or substitution.

KINDS OF AMENDMENT:

1. BEFORE THE PLEA – covers both substantial and formal amendment, WITHOUT
leave of court.
2. AFTER THE PLEA – covers only formal amendment provided:
a. Leave of court is obtained;
b. Such amendment is not prejudicial to the rights of the accused.

An amendment is only in form where it neither affects nor alters the nature of the offense
charged or where the charge does not deprive the accused of a fair opportunity to present
his defense or where it does not involve a change in the theory of the prosecution.

There is substitution if it appears at anytime before judgement that a mistake has been
made in charging the proper offense, the court in this case shall dismiss the original
complaint or information upon the filing of a new one charging the proper offense, provided
that the accused shall not be placed in double jeopardy.

Limitation on the Rule of Substitution:

1. No judgement has yet been rendered;

2. The accused cannot be convicted.

AMENDMENT SUBSTITUTION OF INFORMATION OR

COMPLAINT
May involve either formal or substantial Involves substantial change from the
amendment original charge
Amendment before the plea has been Substitution of information must be made
entered can be effected without leave of with leave of court as the original
court information has to be dismissed
Amendment is only as to form, there is no Another PI is entailed and the accused has
need for another PI and the retaking of the to plead anew to the new information
plea of the accused
An amended information refers to the same Requires or presupposes that the new
offense charged in the original information. information involves a different offense
which does not include or is not necessarily
included in the original charge, hence the
accused cannot claim double jeopardy.

Double jeopardy – the prosecution of a person twice for the same offense.

Section 15. Place where the 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.

EXCEPTIONS TO THE RULE ON VENUE

1. Felonies under Art. 2 of the Revised Penal Code

 Shall be cognizable by the proper court where the criminal action was
first instituted.
2. Complex crimes
 Where the crime charged is a complex crime, the RTC of any province
in which any one of the essential elements of such complex crime had
been committed has jurisdiction to take cognizance of the offense.
3. Continuing crimes

Prepared by: Atty. Shervilyn Jaradil

  Is one where the elements of which occur in several places, the venue
is the place where one of its essential elements was committed.
4. Piracy
 The venue has no territorial limit
5. Libel
 The action may be instituted at the election of the offended or suing
party in the province or city:
a) Where the libelous article is printed and first published.
b) If one of the offended parties is a private individual, where said private
individual actually resides at the time of the commission of the offense;
c) If the offended party is a public official, where the latter holds office at
the time of the commission of the offense.
6. In exceptional circumstances to ensure a fair trial and impartial inquiry. The SC shall
have the power to order a change of venue or place of trial to avoid miscarriage of
justice.

Section 16. Intervention of offended party in criminal action

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

EXCEPTIONS:

1. Where from the nature of the crime and the law defining and punishing it, NO civil
liability arises in favor of the offended party; and
2. Where the offended party has waived his right to civil indemnity or has expressly
reserve his right to institute a civil action or has already instituted said action.

RULE 111
Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable

 Generally, when a person commits a crime, he offends two entities, namely:

1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or
directly injured or damaged by the same acts or omissions].

Exception:
When the infraction falls under the class of offenses called victimless crimes like
gambling, betting on illegal cock fights, drug addiction, prostitution, etc. etc.
under the theory that “the offender himself is his own victim”.

Section 1. - When a criminal action is instituted, the civil action for the recovery of
civil liability is deemed instituted with the criminal action unless the offended
party:
 Waives the civil action;
 Reserves the right to institute it separately; or
 Institutes the civil action prior to the criminal action

Section 2. When separate civil action is suspended

PRIMACY OF CRIMINAL ACTION OVER CIVIL ACTION

1. After the criminal action has been commenced, the separate civil action arising therefrom
cannot be instituted until final judgment has been rendered in the criminal action;
2. If the civil action is instituted before the filing of the criminal action and the criminal
action is subsequently commenced, the pending civil action shall be suspended until final
judgement in the criminal action has been rendered.

Reason for the rule:

Criminal action is based on an offense committed against the laws of the State while civil
action is based on an injury to individual rights. Public interest is superior over private one.

Prepared by: Atty. Shervilyn Jaradil

ONLY the civil liability arising from the crime charged as a felony is now deemed instituted.
Civil liability arising from other sources of obligations are no longer deemed instituted such
as those independent Civil Action based on Articles 32, 33, 34 and 2176 of the Civil Code.

ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OF THE CIVIL CASE
WHERE:
1. The acquittal is based on reasonable doubt , if the civil cased has been reserved.
2. The decision contains a declaration that the liability of the accused is not criminal but
only civil in nature; and
3. The civil liability is not derived from or based on the criminal act of which the
accused is acquitted.

When there is a prejudicial question in the civil case that must be decided first before the
criminal action can proceed because the decision in the civil action is vital to the judgment
of the criminal case.

Section 3. When Civil action may proceed independently

 The institution of an independent civil action against the offender under Artcles 32,
33, 34 and 2176 may proceed independently of the criminal case and at the same
time without suspension of either proceeding.

Section 4. Effect of death on Civil Actions

AFTER arraignment and during the pendency of the criminal action extinguishes the civil
liability arising from the act.
BEFORE arraignment, the case shall be dismissed without prejudice to any civil action the
offended party may file against the state.

Section 7. Elements of Prejudicial Question:

 The civil action must be instituted prior to the criminal action;

 The previously instituted civil action involves an issue similar or intimately related
to the issue raised in the subsequent criminal action; and
 The resolution of such issue determines whether or not the criminal action may
proceed.

Note :Prejudicial question is subject to the principle that he who comes into court
must come with clean hands. The accused cannot be permitted to use the law in
order to frustrate the ends of justice. Good faith or bad faith is important.

RULE 112
Preliminary Investigation

Preliminary Investigation is an inquiry or proceeding to determine whether there is

sufficient ground to engender a well-founded belief that a crime has been committed and
the respondent is probably guilty thereof, and should be held for trial.

When required?
Before the filing of complaint or information for an offense where the penalty prescribed by
law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.

When NOT REQUIRED:

In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day
In case of a valid warantless arrest [shall proceed in inquest]

Section 2. Officers authorized to conduct PI

1.)Provincial or City Prosecutors and their assistants;
2.)National and Regional State Prosecutors; and
3.)Other officers as may be authorized by law [COMELEC during Election Period,
Ombudsman, etc.]
Note: Effective 2004, judges of the lower court can no longer conduct Preliminary
Investigations.

Section 3. Procedure

Prepared by: Atty. Shervilyn Jaradil

1st step : Filing the complaint accompanied by affidavits and supporting documents.

2nd step : Within 10 days after the filing, the investigating officer shall either dismiss or issue
a subpoena.

3rd step : If subpoena is issued, respondent shall submit a counter-affidavit and other
supporting documents within 10 days from receipt thereof.

4th step : Hearing (optional). It shall be held within 10 days from submission of counter-
affidavits or from the expiration of the period of their submission.

5th step : Resolution of investigating officer.

Section 5. Resolution of investigating judge and its review

 Within 10 days after the Preliminary Investigation, the investigating judge

shall transmit the resolution of the case to the provincial or city prosecutor, or
to the ombudsman or his deputy, in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction, for appropriate
action together with the record of the case which, shall include : (a) the
warrant, if the arrest is by virtue of warrant; (b) affidavits, counter-affidavits
and other supporting evidence of the parties; (c) the undertaking or bail of
the accused and the order for his release; (d) the transcripts of the
proceedings during the preliminary investigation; and € the order of the
cancellation of his bailbond, if the resolution is for the dismissal of the
complaint.
 Within 30 days from receipt of the records, the provincial or city prosecutor,
or the ombudsman or his deputy, as the case may be, shall review the
investigating judge on the existence of the probable cause. Their ruling shall
expressly and clearly state the facts and the law on which it is based and the
parties shall be furnished with copies thereof. They shall order the release of
an accused who is detained if no probable cause is found.

Section 6. When warrant of arrest may issue.

Probable cause – an apparent statement of facts found to exist upon reasonable

inquiry which would induce a reasonably intelligent and prudent man to believe that
the accused person had committed the crime charged.
 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 a warrant of arrest.
 The RTC judge need not personally examine the complainant and witnesses in
the determination of probable cause for the issuance of the warrant of arrest.
He is only required to
1. Personally evaluate the report and the supporting documents
submitted during the preliminary investigation by the fiscal; and
2. On the basis thereof he may:
a. Dismiss
b. Issue warrant
c. Require further affidavits
 Instances when warrant of arrest is not necessary
1. If the accused is already under detention;
2. If the complaint or information was filed after the accused was
lawfully arrested without warrant;
3. If the offense is punishable by fine only.
Section 7. When accused is lawfully arrested without warrant.
TWO SITUATIONS CONTEMPLATED UNDER THIS RULE:
1. When a person is lawfully arrested without warrant for an offense requiring a
preliminary investigation (sec. 1, Rule 112) and no complaint or information

Prepared by: Atty. Shervilyn Jaradil

 has yet been filed, he may ask for a preliminary investigation by signing a
waiver of the provisions of Art. 125 of the RPC in the presence of the counsel.

2. When the complaint or information was filed without preliminary

investigation, the accused may, within 5 days from the time he learns of the
filing of the information, ask for a preliminary investigation with the same
right to adduce evidence in his favor in the manner prescribed by this Rule.

Section 9. Cases not requiring a preliminary investigation nor covered by

the Rule on Summary procedure.
PROCEDURE TO BE FOLLOWED IN CASES WHICH DO NOT REQUIRE PRELIMINARY
INVESTIGATION
1. Evaluate the evidence presented.
2. Conduct searching questions or answers.
3. Require the submission of additional evidence.

RULE 113
Arrest
Section 1. Definition of arrest.

Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.

Modes of Arrest:
1. Arrest by virtue of a warrant
2. Arrest without a warrant under exceptional circumstances as may be provided by
statute (Sec. 5, Rule 113)

ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST

1. It must be issued upon probable cause which must be determined personally by a

judge after examination under oath or affirmation of the complainant and the
witnesses he may produce.

2. The warrant must particularly describe the person the person to be seized.

 A warrant of arrest has no expiry date. It remains valid until arrest is effected or
warrant is lifted.

REMEDY FOR WARRANTS IMPROPERLY ISSUED
 Where a warrant of arrest was improperly issued, the proper remedy is a petition to
quash, NOT a petition habeas corpus since the court in the latter case may only order
his release but not enjoin the further prosecution or the preliminary examination of
the accused.
 Posting of bail does not bar one from questioning illegal arrest.

Section 2. Arrest; how made.

MODES OF EFFECTING ARREST

As to the manner of enforcement, by:

1) Actual restraint, or
2) Submission to the custody of the person making arrest

As to the presence or absence of judicial order:

1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules

As to the person arresting:

1) Arrest by peace officer, or
2) Citizens arrest.

 Upon arrest, the following may be confiscated from the person arrested:

Prepared by: Atty. Shervilyn Jaradil

 1. Objects subject of the offense or used or intended to be used in the
commission of the crime;
2. Objects which are the fruits of the crime;
3. Those which might be used by the arrested person to commit violence or
to escape;
4. Dangerous weapons and those which may be used as evidence in the
case.

Section 3. Duty of Arresting Officer.

 It shall be the duty of the officer executing the warrant to arrest the accused and
deliver him to the nearest police station or jail without necessary delay.

Section 4. Execution of warrant.

 The head of the office to whom the warrant of arrest was delivered for execution
shall cause the warrant to be executed within (10) days from its receipt. Within 10
days after the expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reasons therefor.

Section 5. Arrest without warrant ; when lawful.

LAWFUL WARRANTLESS ARREST:

1. When, IN HIS PRESENCE, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense (in flagrante delicto arrest)
2. When an offense has in fact just been committed, and he has probable cause to
believe based on PERSONAL KNOWLEDGE of fact and circumstance that the
person to be arrested committed it; (Doctrine of Hot pursuit)
3. When the person to be arrested is a prisoner who has escaped from penal
establishment or place where he is serving final judgement or temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another;
4. Where a person who has been lawfully arrested escapes or is rescued;
5. By the bondsman for the purpose of surrendering the accused; and
6. Where the accused attempts to leave the country without permission of the court.
 If the arrest was effected without warrant, the arresting officer must comply with the
provisions of Art. 125 of the RPC, otherwise, he may be held criminally liable for
arbitrary detention under Article 124 of the RPC.

 Methods of Arrest:
I. With warrant, by officer:

The officer shall inform the person of:

1) the cause of the arrest
2) fact that warrant exists

Exception: 1) When he flees or forcibly resist before 1 & 2 is completed

2) When the giving of information will imperil the arrest

II. Without warrant, by an officer and by private persons:

Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or
2) intent to arrest and cause [if person arresting is private person]

Unless when the person to be arrested is either:

1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the private person
making the arrest has the opportunity to inform him of 1 & 2, or
4) When the giving of information would imperil the arrest

RULE 114
Bail

Section 1. Bail defined.

Prepared by: Atty. Shervilyn Jaradil

 Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under
the conditions of law.

Kinds of bail bonds:

1. cash bond
2. property bond
3. surety bond
4. Recognizance

BAILBOND RECOGNIZANCE
An obligation under seal given by the An obligation of record, entered into
accused with one or more sureties, and before some court or magistrate duly
made payable to the proper officer with the authorized to take it, with the
condition to be void upon performance by condition to do some particular act.
the accused of such acts as he may legally
be required to perform.


Generally:
The right to bail only accrues when a person is under custody. Court must have
jurisdiction over the person of the accused either thru: 1) arrest, with or without
warrant, or 2) voluntary surrender.

 Exception:
When the person under investigation cannot personally appear because he is
hospitalized but applies for bail through his counsel, he is deemed to be under
the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110,
Paderanga v. CA, 247 SCRA 741).

 Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any
court).

Conditions for bail:

See Sec. 2, Rule 114

Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion
temporal, or life imprisonment.

Bail, a matter of discretion:

1. Upon conviction of RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense
punishable by reclusion perpetua or life imprisonment, when evidence of guilt is
not strong. (Bail is neither a matter of right nor a matter of discretion only in
cases where the evidence of guilt is strong).

Notes:

1. The right to bail flows from the presumption of innocence. This is so because
accusation is not synonymous with guilt.

2. In deportation proceedings, bail is not a matter of right but of discretion on

the part of the Commissioner of Immigration and Deportation (Harvey v.
Defensor-Santiago, 162 SCRA 398).

3. Bail is not available to military facing court martial proceedings

(Commendador v. De Villa, 200 SCRA 80).

4. I extradition proceedings, bail may be granted provided the accused

undertake to submit himself to the jurisdiction of the court and provided further
that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007)

RULE 115
Rights of the accused

Prepared by: Atty. Shervilyn Jaradil

 Rights may be waived, unless the waiver is contrary to law, public order, public
policy, morals, or good customs or prejudicial to a third person with a right
recognized by law (Art. 6, NCC).

In all criminal prosecutions, the accused shall be entitled to the following rights:

Key: [PIPTEC CoSpA]

P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of
other evidence
S – peedy, impartial and public trial
A – ppeal

1) To be presumed innocent until the contrary is proved beyond

reasonable doubt.

 The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule
131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of
proof lies in the prosecution. Unless guilt beyond reasonable doubt is
established, the accused need not prove his innocence.
Burden of proof – the duty of the affirmative to prove what it alleges. (Africa,
The Art of Argumentation and Debate).
Absolute certainty is not demanded by the law to convict but only moral
certainty.

2) To be informed of the nature and cause of the accusation against

him.

 It is essential to avoid surprise and to afford him the opportunity to prepare his
defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm of
the state is mobilized against him.
An accused cannot be convicted of an offense unless it is clearly charged in the
complaint or information. Basic is the rule that you cannot prove what you did
not allege.

3) To be present and defend in person and by counsel at every stage of

the proceedings, from arraignment to promulgation of judgment.

 Express or Implied waiver is renunciation to be present on that particular date

only.
Escape of the accused is waiver by implication to be present on said date and all
subsequent trial dates. [Fact of escape made his failure unjustified because he
has, by escaping, placed himself beyond the pale and protection of the law
(People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)].

 Right to counsel is right to effective counsel. It is not enough to simply appoint a

counsel de officio. Counsel must have no conflict of interest. Thus, a fiscal
cannot be appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a
member of the bar, his right to counsel is violated, unless the accused
voluntarily chose him knowing him to be a non-lawyer.

4) To testify as a witness in his own behalf but subject to cross-

examination on matters covered by direct examination. His silence
shall not in any manner prejudice him.

5) To be exempt from being compelled to be a witness against himself.

Right to testify in his own behalf:

Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.

Right against self incrimination:

Prepared by: Atty. Shervilyn Jaradil

 Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on
the strongest temptation to commit perjury.

6) To confront and cross-examine the witnesses against him at the

trial.

Effect of absence of right to cross examine:

When there is express or implied waiver – no effect
In the absence of waiver – testimony of the witness cannot be considered as
complete and therefore cannot form part of the evidence against the accused.

Effect when witness dies:

Before he could take witness stand – inadmissible
After giving his direct testimony but before cross examination – General Rule:
inadmissible.
 Exception: where the adverse party was given adequate opportunity but failed
to cross examine due to his own fault
After the defense conducted cross examination – admissible

7) To have compulsory process issued to secure the attendance of

witnesses and production of other evidence in his behalf.

“Compulsory process” refers to the issuance of the court of:

Sub-poena – for the attendance of witnesses
Sub-poena duces tecum – for the production of documents

Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in
the sub-poena refuses to appear or refuses to produce the required documents
without justifiable reasons – court has the power to declare that person in
contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].

B. The coercive powers of the court must be employed in order to give meaning
to this right.

8) To have speedy, impartial and public trial.

Speed:
Justice delayed is justice as denied

Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an
impartial court (Macalintal v. Judge Teh, 280 SCRA 623).

Public trial:
So that the public may see that he is fairly dealt with and not unjustly
condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of
acquittal.

Note: “Public trial” and “Trial by publicity” are two different things. They are not
the same. There should be a public trial, not trial by publicity.

9) To appeal in all cases allowed and in the manner prescribed by law.

 The right to appeal is a statutory right but withdrawal of this right, in the
absence of a valid waiver, constitutes a denial of due process guaranteed by the
Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said
right must comply with the requirements of the Rules. Otherwise, the right to
appeal is lost (People v. Sabellano, 198 SCRA 196)

RULE 116
Arraignment and Plea

Arraignment
The initial step in a criminal prosecution whereby the defendant is brought
before the court to hear the charges and to enter a plea (Black’s Law Dictionary).

Prepared by: Atty. Shervilyn Jaradil

 Venue for Arraignment and Plea:
Before the court where the complaint or information was filed or is assigned for trial.

Purpose of arraignment

1) To fix the identity of the accused

2) To inform him of the charge
3) To give the accused an opportunity to plead

Note:
In order for the Court to “acquire” complete jurisdiction over the person of the accused,
arraignment is essential. Unless this procedure is completed, the court cannot
commence trial in absentia.

Procedure:

 Arraignment must be made in open court by the judge or the clerk of court.
 Accused must be furnished with a copy of the complaint or information.
 Complaint or Information must be read in a language or dialect known to him
 Accused must be present
 Accused must personally enter his plea

I. If under preventive detention

 Raffle of case and transmittal of records must be made within 3 day.
 Arraignment must be made within 10 days from the date of raffle.
 Pre trial conference must be held within 10 days after arraignment.

II. If not under preventive detention

 General rule – within 30 days from the date the court acquires jurisdiction
 Exception – a shorter period is provided by special law or SC Circular

Rules in entering a plea:

 If the accused refuses to plead or makes a conditional plea – a plea of not guilty
shall be entered.
 If the accused enters a plea but presents exculpatory evidence – a plea of guilty
is withdrawn and a plea of not guilty shall be entered for him. Burden of proof
shifts.
 If accused enters a plea to a capital offense – the court shall conduct a
searching inquiry into the voluntariness and full comprehension of the
consequences of his plea and shall require the prosecution to prove his guilt and
the precise degree of culpability.

Pre-trial Conference:
Private offended party shall be required to appear for purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence

 In case of failure of the offended party to appear despite due notice – conformity
of prosecutor is sufficient for purposes of pleading guilty to a lesser offense
which is necessarily included in the offense charged.

Bill of particulars:

 The accused may, before arraignment, move for a bill of particulars to enable
him properly to plead and prepare for trial. The motion shall specify the alleged
defects of the complaint or information and the details desired.

 Scope of the Bill of Particular:

Bill of Particulars is a remedy for formal defects and not substantive defects.

 The remedy against an indictment that fails to allege the time of the
commission of the offense with sufficient definition is a Motion for Bill of
Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152).

Notes:

1) Arraignment is important for notifying the accused of the cause he is required

to meet. The accused has the right to be informed of the nature and cause of
the accusation against him (Borja v. Mendoza, 77 SCRA 422).

Prepared by: Atty. Shervilyn Jaradil

 2) The existence of a plea is an essential requisite to double jeopardy (People v.
Balicas)

Rule 117
–
MOTION TO QUASH (MTQ)
Section 1. Time to move to quashGeneral RuleAt any time before entering his plea, the accused
may move to quash the complaint orinformation.Exceptions: Under Sec. 9, Rule 117MTQ may still be
filed after arraignment due to any of the following grounds:1. that the facts alleged in the information
charge no offense;2. that the court has no jurisdiction over the offense charged;3. that the offense
or penalty has prescribed; or4. that the doctrine of double jeopardy precludes the filing of the
information.Motion to Quash (MTQ)A hypothetical admission that even if all the facts alleged were
true, the accused stillcannot be convicted due to other reasons.Quashal (Q) vs Nolle Prosequi
(NP)NP is initiated by the Prosecutor while a Quashal of Information is upon motion to quashfiled by
the ACCCUSED. Nolle Prosequi is a dismissal of case by the governmentbefore the accused is
placed on trial and before he is called to plead, with the approvalof the court in the exercise of its
judicial discretion. NP is not an acquittal, not a finaldisposition and does not bar a subsequent
prosecution for the same offense.Right to File MTQThere is nothing in the rules which authorizes the
court or judge to
motu propio
initiateMTQ by issuing an order requiring why the information may not be quashed on theground
stated in the order.Section 2. Form and ContentsRequired Form of MTQ1. It must be in writing.2. It
must be signed by the accused OR his counsel.3. It must specify the factual and legal grounds on
which it is based.
Section 3. Grounds1. Facts charged do not

Prepared by: Atty. Shervilyn Jaradil